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  • bigboy007
    02-25 10:13 PM
    I laughed at it when i first saw this in OhLaw website. Any employee who thinks of AC21 job change would be in either of those buckets mentioned and conclusion is NO AC21 for EB employees if truely interpreted another scary tactic though.....




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  • calgirl
    08-06 04:42 PM
    As long as you were married before your 485 got approved, she is fine.
    Follow to join will help her get her GC.

    Congrats btw! Was your NC cleared?

    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006




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  • HumHongeKamiyab
    03-16 04:49 PM
    Thanks Fittan. I am waiting for an answer from my attorney.

    HumHongeKamiyab,
    Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.

    Fittan




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  • insbaby
    08-24 02:13 PM
    I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.

    CBP & INS officers are much trainined in strategies to ask specific questions to individuals.

    Most people from India do not want to purposefully lie, afraid of maintaining with a series of lies.

    CBP & INS knew that students work somewhere. Our friend was a student then and it is not a surprise that he was trapped with some specific questions.



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  • paskal
    08-14 03:53 PM
    with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(

    not that kind of a physician..not on your life pal :p


    another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
    there is a thread opening up for every mailroom chap in USCIS
    Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...




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  • arnet
    09-14 02:20 PM
    the new congress will meet in Jan 2007 session and will decide what bills they will consider during that session and will come up with a timetable to discuss those bills. especially after new members are elected, i dont think they can discuss uncompleted bills from previous session (correct me if i'm wrong). all they can do is to come up with new version of bill if they want to pass.

    so the option before congress is either a new CIR bill (or) SKIL bill if nt discussed earlier (or) any bill like border security which includes EB provisions.

    I think the new CIR bill will take time because of its complications. so I prefer SKIL bill or EB provisions in any bill. let us see.....:)



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  • CantLeaveAmerica
    04-07 10:18 AM
    Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.




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  • bpratap
    09-03 08:26 PM
    Anybody who works for consulting co. got extension approved ? without RFE ?



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  • sukhyani
    11-08 05:51 PM
    ... from Texas :)




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  • retrohatao
    07-17 02:41 PM
    Am I hysteric or what?
    Any ways here is the flash.
    My case has been approved and got the so called Magic e-mails stating that the cards have been order
    for me and the spouse.

    Here is the "series of unfortunate events" :
    1.
    EB3/TSC
    PD: Sometime in 1998
    Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.

    2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
    thought I would save some time.
    3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
    4. Elated with the good news, applied i-140 & I-485 in 2004.
    5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
    amount of time.
    6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.

    Following is the chronological order:
    EB2/TSC
    PD : October 17, 2001
    LCl : January 7, 2004
    RD I140/485 : May 28, 2004
    EAD : July 26, 2004
    FP Notice Date : February 1, 2005
    FP Done : March 22, 2005
    I140l : February 11, 2005
    Namecheck initiated: June 2004
    Namecheck cleared: June 2006.
    I-485 cleared and cards ordered: July 2006.

    Here is what I did to get out of namecheck:

    1. e-mail to FBI on monthly basis
    2. Snail mail to FBI, OMBUDSMAN on monthly basis
    3. FAX to FBI on monthly basis
    3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
    FBI directly
    4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
    FBI directly. One senator never even responded
    5 got FOPIA.
    6. Made the attorney to contact USCIS officially
    7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
    and almost filed WOM. Only thing left is to send the papers.
    8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
    Just tried some personal mails to USCIS director FBI et all.

    Not sure what really worked. Some one from DOJ took time to call me and informed that my
    name check got cleared.

    moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
    try the above steps and hope for the best.

    Thanks to the forum members!!! I learnt lot from your experience.

    I will still be around on this forum and will try to help as much as I can



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  • dixie
    09-30 05:28 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective in the larger context of this huge EB mess.
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!




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  • walking_dude
    12-05 02:10 PM
    I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?

    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.



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  • gjoe
    01-30 06:19 PM
    Either the account of Jaime has been hacked or there is some problem with the forum showing the number of your post count incorrectly.

    Hey guys, can anyone help? I�ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?

    1- Approximate PERM processing times (from filing time) for EB2
    2- Approximate I-485 and I-140 processing times from filing date for EB2
    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
    4- Are I-140 and I-485 still being filed concurrently?

    I know there are trackers, but I find them all confusing!

    Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!

    (or send me a private message if easier, thanks!)




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  • haeveingridseyn
    09-09 07:56 AM
    Hi Everyone..

    Thanks for providing this information . I am also searching this type of topic.
    Its really helpful to forum members and solve many problem.
    Keep it up.



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  • prioritydate
    08-19 05:40 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi


    Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?




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  • wandmaker
    10-22 10:07 PM
    Hello,

    Please advice on this.

    Application is filed under EB2 category.
    In Labor certificate minimum education requirement is Master's

    My I-140 is denied because of 3 years Bachelors degree.
    I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

    Received RFE on 15th June 2009.
    We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.

    Received denial notice on 28th Sept 2009.
    After denial, Lawyer is planning to file appeal with federal court.

    Does anyone have the same issue?

    I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
    To proof this CCI is charging a huge amount.

    Does anyone have any info about CCI?

    Please advice.

    Thanks.

    Everyone knows the fact


    B.Sc != US Bachelors or Even B.E
    B.Sc + MCA / any non professional master degree != US Masters or Even M.E
    For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.



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  • s416504
    12-09 01:46 PM
    EB?/ALL/China/India/MEXICO/PHILIPPINES
    1st C C C C C
    2nd C 22JUN06 08MAY06 C C
    3rd 22MAR05 15DEC03 01FEB02 15APR03 22MAR05




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  • chanduv23
    04-27 02:58 PM
    you may not get much ifnormation from Infopass - you can go for infopass for issues like FP or Name check status or similar things.

    Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.

    Pre adjudicated means - things are fine as of now.




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  • chvs2000@yahoo.com
    10-21 09:58 AM
    Other alternative is to have your employer run the payroll for 5000 and deduct 500 from your adjusted gross income when you file taxes.

    Note that you can only deduct unreimbursed work related expenses when you choose to itemize your deductions.




    Raj_2009
    12-16 03:37 PM
    Hi experts,

    I need some expert advice for H1B transfer case and vacation plan.

    Background:
    I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.

    Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.

    Legal opinion
    But my attorney says that

    1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
    2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.


    Questions:

    But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.

    I have few below questions regarding the situation that I have. Kindly answer my questions..

    1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
    2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?

    3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
    4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
    5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
    6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.


    Kindly provide your honest opinions so that I can take my decision for my future.

    Thanks,
    Raj




    jsb
    08-13 09:26 PM
    EB2 India
    PD 5/2004
    I-140 approved 6/2006 TSC
    I-485 delivered Jul 2, NSC
    LUD on I-140 7/28/2007
    No receipts or check cashing yet



    Hi,

    My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????

    So I guess the LUD change is nothing relevant to I-485 filing.

    Thanks & Regds
    MV



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