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lostinbeta
10-04 12:20 AM
Good Luck=)
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pd_recapturing
08-14 05:51 PM
Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?
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DSLStart
04-21 11:56 AM
Was you 485 filed initially at VSC and then transfered to TSC? If so you must have received the orignal transfer notice. That should suffice as orignal 485 receipt.



My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.

Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.

thanks
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starving_dog
06-05 07:42 AM
Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.
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morchu
06-01 04:44 PM
If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

Thank you for your immediate reply. I have 2 more questions as below :

My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

3. My families also need to re-enter to USA at the same time ?

Hopefully, I am able to explain my occurred situation correctly.

I need your valuable suggestion pls.
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485Question
10-29 03:21 PM
Give a try if they can update it.
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gccovet
04-17 10:19 AM
it is on the approved labor certificate, that my lawyer gave me

How to find associated SOC code with DOT code (DOT code is on LC certification, OCC code , Ind COde and OCC title is on certified LC)? I tried to find my case in the MS Access databases (from year 2001 to 2007) but could not find my case at all. My PD is May 2004, and LC certified March 2006(was sent to Backlog Center in Dallas), which MS Access database do I need to look into?

My title on LC is programmer analyst (OCC code= 030.162-014), read thru the forum replies, found that programmer analyst have OCC code= 030.162-014 and SOC code=15-1031, most of them found their SOC code from MS Access database(some found in their Certified LC??? ). I am presuming my SOC code to be 15-1031, but wanted to confirm that. I am debating on invoking AC21, but need to make certain SOC code matches with future employer (future employer gave me job code as 15-1031) as my future title will be totally different (instead of programmer analyst, it will be IT Business Specialist).

Any help/hint will be highly appreciated.

Regards,
GCCovet
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coralfl
04-17 03:10 PM
My suggestion would be get 3yrs extension and then find a new job, new employer, start from the scratch. What I could gather reading your email that the contract suggests that " that upon I become a permanent resident..." (2nd sentence in your mail). My understanding reading your email as you have written that the contract will not be in force untill you get the GC.
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shanti
02-24 10:35 AM
Thank you guys for your replies.

NolaIndian32: I have a question, has your lawyer used the experience previous to filing for Labor as a justification to becoming a supervisor or whatever promotion you got? or did he include the experience post labor application?

Becks/Nolaindian32
Another question, I know that for changing the employer keeping the same labor before the I-485 stage that you need to prove same or similar, if that were the case and this is my info:
I came to US in December 2000 H-1B having 5 ys of previous experience, worked for employer A in U.S. from December 2000 until November 2003, joined employer B in December 2003 (another H-1B) where I am still working, then Employer B applied for my Labor in Feb 2005. IF that was the case for the I-140 stage of same or similar, how many years of experience can I use as gained in US? The three years with my first employer or those 3 plus the year that my current employer took to apply for labor in this case it would be four?


Thank you so much in advance.
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485Question
10-29 03:21 PM
Give a try if they can update it.
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eucalyptus.mp
02-16 03:37 PM
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.



Thanks...
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GCard_Dream
04-23 02:50 PM
Have you or someone you khow actually been able to get a copy of I-140 using G-639? If so when was that and what was the processing time?

The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
- Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.

- Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.

- Some say that it just takes too damn long (over a year) to be any meaningful.

By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.

To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
Now a days it takes time. Almost 3 months.

URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :

-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
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hopelessGC
05-04 02:18 PM
AR11 is legal requirement. And that is the first step.

But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.

Ok, so basically I need to call customer service and have them update address for all pending cases?
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mnq1979
10-23 10:48 AM
Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.

I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.

And yes I'm from Pakistan :)

Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

secondly can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform u? do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?


thanks n sorry for the multi threads !!!!
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jonty_11
08-10 05:16 PM
how is this possible.......mr mustang plzzz come back to throw more lite and enliten us.....
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skarthy
08-12 05:54 PM
hello all,
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)

Then when he want to work there dose he have to get a VISA like us comming here to work ?

I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.

so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.

also if you reject the US citizenship and US is not going to give you any visa..ever !
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spicy_guy
09-15 01:27 PM
If you have not been happy with your employer, kick your employer's butt! :D
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prioritydate
08-14 12:57 PM
I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.

Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.

Ok. I added another clause. I-140, name check etc are approved.
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starseed
07-20 06:10 PM
LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.
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lkapildev
07-12 05:27 PM
Take one by one and try to answer properly.

1. What is CIS is returning visa #'s to DOS.?

There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

2. How USCIS and Consulate can report unused Visa #'s?

You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.

All these Visa #'s are reported back

3. To me around 20000 such numbers are available for this years quota

4. Can my applications sneak into this #?

Answer is uncertain.

If your have an old priority dates then probability is high

If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

5. What would August VB have?

If they do not approve any July2 filling then here is what they will do

a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD

They are making a decision fast, that the reason Aug VB is not yet published

6. Will USCIS reverse the new decision?

Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

7. How about Law suite?

:) Do not worry there is a slick chance. All appropriate autherities are informed about the circulars

I have no hope from this process. It's just building a fake hope.

8. People are still filling the application.

Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

There is no guarantee that you will process your application from XYZ law firm in Oct.

If you file now through them, you are bonded with him until you hear some good news from CIS.

There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
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lostinbeta
10-04 12:20 AM
Good Luck=)
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