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  • kaisersose
    04-16 03:11 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks

    This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.

    Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.

    In short, just keep your jobs and file an MTR ASAP with correct documentation.





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  • inspectorfox
    07-22 09:20 PM
    No big deal man...mine was approved in 2 days from NSC..;)

    I think you guys just got lucky and should stop yapping!

    There are many individuals who are stuck in Security/Background checks in the I-140 stage even with premium processing for almost a year.





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  • nandakumar
    01-18 07:50 PM
    ^^^^





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  • ttdam
    10-02 04:08 PM
    Hi gchopeful

    Sorry to hear about denial
    Was your case @ NSC/TSC ? EB2 or EB3 ?

    Mine is A2P RFE as well from TSC !

    Thank you



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  • shirish
    10-04 11:24 AM
    Received RN for EAD and AP for all three of us. (NO EAD for son :) as did not apply) yesterday
    PD - sept 05 EB2 India-
    I140 - Approved Apr 2006
    I-485,AP,EAD - reached NSC on July 27th 07
    485- RN - Not received
    EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
    AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX

    Hope every will get it soon.





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  • venky08
    01-07 03:12 PM
    there is a discussion about this elsewhere in the forum. please go thru the previous threads.

    in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.

    Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...

    if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.

    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.



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  • Mayday
    04-03 07:21 PM
    You may be rejected to re-enter, as well as you may have your green card application declined based on this unlawful presence.

    You should leave the USA on or before the date on your I-94 or have I-94 extended. Actually your employer must have done that.

    Border patrol officer was at mistake to stamp that date on I-94 in the first place, but you should be aware of this and notify your employer so they could take action. Actually, I believe, you could get a new I-94 right away.

    You need another lawyer on this issue if you are really concerned about filing green card application in the future. 3 years bar may not be that bad actually to make your green card happen sooner.

    I would look into a possibility of complaint about border patrol officer improper posting however I am not sure if it may help.





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  • coolngood4u80
    02-07 11:13 AM
    Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.



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  • onemoredesi
    06-21 10:53 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Abhijit,
    This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
    I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
    To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
    You might want to talk to your attorney if you have the slightest of the doubts..





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  • immi_2006
    10-14 03:27 PM
    Take it from ICICI Lombard Insurance. They have tied up with United Health Care. For 6 months it comes to some where around 10,000 to 15,000 rupees which is pretty cheap compared to US vistor insurance.
    Only condition is insurance should be taken before you start from india.


    SRI used to be good when they were SRI. Now it is merged with Sevencorners and they don't process claims well.

    Indianetwork insurance is quite common with Indians but they take more than 5 months to process claims and they pay part of the claims.



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  • Better_Days
    10-19 09:43 PM
    I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

    I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

    I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

    The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".

    The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

    Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

    The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

    Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

    Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

    If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

    Any comment on any of the above questions will be highly appreciated.

    Thanks for you time.





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  • sanju
    03-06 02:15 PM
    You called office of which Senators?

    Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him

    1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
    2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.

    He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...

    I urge you guys to contact your senators & Congressmen/Congresswomen

    We have a group which is focusing on this issue, if you want to join us here's the link

    http://groups.yahoo.com/group/yourvoiceiv/



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  • mihird
    05-21 10:49 PM
    I think, the PD should reset to the day the substition is done and not to the day the original labor was filed...otherwise it is unfair by all means..

    But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...

    I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...

    Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.

    The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..

    If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)





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  • otovarm@hotmail.com
    03-03 12:29 PM
    Hi everyone, I am seeking some help:

    -My wife's Labor Certification was approved on Oct-09-2006
    -Priority Date: April-30-2001

    We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.

    1st Question:

    Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?

    If answer is YES, can we go premium processing?


    IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.

    When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).

    Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?

    In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.

    Thanks for taking the time to read this and any insights would be greatly appreciated.



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  • dilber
    07-16 06:24 PM
    How about setting up a poll to get a rough idea we could create a poll with a salary range and EB level for example 48000~ 59999 EB3 48000~59999 EB2 60000~70000 EB3 60000~70000 EB2 etc. this would give us a rough Idea about Levels and corresponding EB categories. I suggest using numerical ranges Instead of Levels because some people may not know the levels.
    This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.





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  • aadimanav
    06-22 12:25 AM
    Source:
    The Oh Law Firm (http://www.immigration-law.com/)

    06/21/2009: CIR and What's Ahead

    On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!

    All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.



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  • pkv
    04-13 05:37 PM
    So did you answer the RFE ? ....

    Off course I did.. It was simple RFE for TB test. I just got it done and replied. Didn't take Attorney's help on this.





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  • lkapildev
    01-10 04:19 PM
    LC Sub pd 2001 EB2





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  • genscn
    07-30 03:42 PM
    How long after I-485 submittal we get FP notice?

    Within 4-10 days, after the USCIS sent the FP notice. :mad:





    syedajmal
    11-03 11:17 AM
    If this is a possible solution, have your Mother-in-Law visit Canada temporarily for a few day and have her come back to US. I am just floating this idea for discussuion.

    Visiting Canada doesn't help to extend the visa stamp. My in-laws tried it in August.





    HRPRO
    03-07 12:32 PM
    That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.

    Krish,

    I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.

    Read carefully before jumping into conclusions.



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