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tabletpc
08-23 02:59 PM
But using AC21 without having I-140 approved is big risk..u never know how the X emplyer might treat communication with USCICS with RFE is received.

I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
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snathan
05-13 11:32 PM
Hi Ruban,

I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.

When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.

Thanks
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lonedesi
04-04 10:08 PM
A friend of mine who has a bachelor's degree from India applied for her labor through PERM under EB2 category, which was approved. This was done based on the attorney's advice. Later, when the I-140 was to be submitted, the attorney advised that they should file I-140 under EB3 as the employee just had a bachelor's degree and he thought that they would get an RFE or will not probably be able to justify her qualifications for an EB2 category. At that time he also mentioned that, once the I-140 was approved, they could go ahead and submit I-485 application as though it was an EB2 case based on the approved labor. Now that I-140 is approved under EB3 category, he is going back on his words and telling that since I-140 was approved under EB3 category, they should file I-485 as though it is an EB3 application. There is a vast difference in priority dates between EB2 & EB3 categories and this is not helping the problem. Would it be okay to apply I-485 under EB2 category based on the approved labor (EB2) or should one apply I-485 under EB3 based on the approved I-140 (EB3)? Anyone who has had any experience or has any information in this regard, please advise. Or did the attorney mess up first time and he is finding an easy way to fix the problem by going the EB3 route? I sometimes wonder if these attornies really know what they are talking about or they just out there to make money at the expense of innocent people like us.
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desigc
01-08 04:57 PM
Thanks Pointlesswait

I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..

Did I interpret you correctly?




When you apply for H1 transfer..they transfer the current H1.

If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.

So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...

if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.

hope this helps
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mnkaushik
11-07 05:07 PM
I did use my experience in my current company for my I 140 and my I 140 has been approved. I had 2 years of exp prior to joining my company and my LC was for 4 years exp, so I used 2 years of exp from my current company. From your priority date it looks like you have applied using RIR or traditional. I think it is true for PERM that you cannot use the experience of your current company but for RIR or Traditional you can.

So your lawyer is right in saying that you can use your exp with your current company.
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rajarao
07-14 08:54 AM
I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc
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krustycat
10-31 03:03 PM
Still the same, they are telling me the same story.
Wait, wait and wait. That's all.
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GCBy3000
04-26 05:13 PM
http://survey10i.pollingpoint.com/vpnvsMtPR1vMJv
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Pineapple
07-26 04:20 PM
Is this good or bad? We dont have even one single person with negative attitude. At least that is good.

I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%

Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
At least that way you'll get better data to work with for analysis.
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dingudi
02-20 02:36 PM
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.

We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.

Gurus - Please advise.

rbalaji,

If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.

Looks like they have begun processing applications filed in July 07.
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shreekhand
12-08 05:40 PM
First off, you are in no way required to be there for 6 months. Secondly, you are not paid and have a GC, for God's sake...just move on and earn.

Thirdly, you can ask them to lay you off, at least you would get Unemployment Insurance Benefit (remember this has nothing to do with any Naturalization or state burden issues.)

How long would you stay in fear ???
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ksurjan
10-19 08:33 AM
A friend of mine took infopass (new York) yesterday and got his AP. He had to wait for six hours though. He took a strongly worded letter from his comapny stating that he needed to travel for business reasons.
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ysramu
03-27 10:21 PM
You apply for H1 transfer before you join new company. Once u get the H1 receipt (2 weeks) then u can be in their payroll. Then file for AC21. If all goes well this is my plan in June 08.

My question is my wife has her EAD expiring 10/10/2008, AP on 11/19/08. She wants to travel to india in May and return in november. is it ok if I change employer while she is in india, my concern is when she comes back in november her EAD is expired, will it affect our 485 status?
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sweet_jungle
12-12 12:51 AM
went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.

My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

Moral of the story : take passport for FP, infopass, etc. all the time.

Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

lets see what happens at infopass.
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flyfishertoo
June 24th, 2006, 05:02 PM
Sounds to me like it might be dust on the sensor. Look at your manual to see if it describes how to clean the sensor.

Hi,
I have had my D50 for 4 weeks now. I've just been on holiday and discovered that I'm getting a black circular spot near the top left of my pictures. The spot IS NOT visible through the viewfinder, only after I have taken the picture. With the aperture wide open, the spot is less defined, but if I close down to around F22 or similar, it becomes sharper & more pronounced. Also, it's not a lens problem, as I have tried both my lenses at ALL zoom focal lengths and it's still there. I have used a blower on the mirror but not sure what or where the problem is. Any ideas ?
Thanks !
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axp817
05-15 04:25 PM
yes, he lucked out when his file/case/name/application got picked last Aug/Sept when that PD was current for a brief while.

I could be wrong, but don't the dependents also need their PDs to be current in order for their 485 to be approved?

The wife wasn't as lucky and her application wasn't picked while the window lasted, which is why she is still waiting. No?
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map_boiler
06-29 12:11 PM
Yes.

if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?

thanks
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GC08
04-04 08:56 PM
I am kinda wishing it were down... it is too depressing to see those days never move. :(
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pappu
07-17 09:44 AM
IF everyone contributes an average of $200, we will have $ 4 million and IV WILL have all the resources to resolve all of our problems.....


WHAT ARE YOU WAITING FOR ???????????


ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????



WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW



THANKS
Wow I did not realize we are now 20K + strong. This is incredible. The stronger we are the better we can do with our advocacy efforts.
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mallikonnet
07-19 11:12 PM
Now that the immigration reform for undocumented workers has broken down, is there any way that we can lobby congress to turn their attention to the plight of the skilled worker? The mess created by DOS will result in the worse backlog ever and the longest wait for post June filers. Congress can at least take steps to resolve this by raising the cap for the employment based visas and making it possible for unused visas in previous years to roll over. I also hope that USCIS will increase the human resource base with their higher fees to accomodate the flurry of applications flying in now. How do we get congress to pay attention? Please let discuss this and act.

we can hope for the best and keep on lobbying for our cause of EB retrogresstion. But to be honest i dont think there will be a law change to help us since CIR is dead.

The so called victory against USCIS was possible only because they made the july visa bulletin current due to miscommunication between uscis and dos. USCIS tried to stop the flood of I-485 but later on they reversed their decision and started accepting apps until agu17. SO WE ARE ABLE TO FILE BECAUSE OF THIS MISCOMMUNICATION NOT BECAUSE OF LOBBYING CONGRESS TO CHANGE RULE.

Assume no miscommunication between USCIS and DOS then no july fiasco and no flood of apps.

I think we have a looooooooooong road ahead to get our GC......
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beautifulMind
05-03 07:10 AM
beautifulMind - does your new I-140 have old priority date from EB3?

I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!

Don't tell the world that you r a linebreaker


My line was broken twice before by fate. I have been here for 11 years now have a masters and worked for the same company from 8 years. lawyer screwed up filing in eb3 first when it should have always been eb2 so we refiled again....and once before I lost priority date for another reason. Anyways i am happy to be in EB2 with a priority date for Jan 2007
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