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  • jcrajput
    10-19 10:24 AM
    please help.




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  • ArunAntonio
    09-18 10:55 AM
    thanks for the updates, keep em coming... may be a little longer and clearer this time ;)




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  • desigirl
    12-01 09:55 AM
    Folks,
    Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.

    Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?

    Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.

    Could someone PLEASE comment on these two questions?

    Thank you much!
    -Shishya

    get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer




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  • lazycis
    01-10 08:52 AM
    Your status is Parolee for 1,2 and 3

    Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.



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  • muralip
    09-11 04:55 PM
    I am waiting for my EAD receipt and also my I-140 is not cleared yet.

    I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.

    I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.

    Please suggest..




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  • senk1s
    11-26 06:47 PM
    ----
    1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?
    There is no correlation between the two. GC is based on your priority date and nationality

    2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
    The sending date has no significance. It should be the receipt date (sometimes notice date is 'better')
    3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
    If you are working on H1, nothing

    4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
    You may read all about AC21 here
    http://immigrationvoice.org/forum/forumdisplay.php?f=72


    PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
    If they are being paid for the services, they better give the services - Complain to HR
    __________________________________________________ ________________
    EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush



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  • reddy_h
    08-18 10:08 PM
    Hi All,
    ****** I have searched all related posts but could not find an answer ********
    I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.

    with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?

    Thank you.

    I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.

    In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.




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  • sabithanair84
    04-23 03:05 PM
    Thank you, I looked through the blog but it didnt have any posts that could answer my queries. I am just trying to find out if it is ok to travel if I have a pending case with USCIS? Also, if my H4 goes out of status on 09/23/2010, then does that mean I have immediately leave the country? Any answers would help, thanks.



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  • krishna_brc
    03-11 05:49 PM
    Hi,

    I was working with company# A as Electronics Engineer from Dec ’03 to Jan ’07 on H1B visa, Company# A filed my GC in May ’05 (as Electronic Engineers (Except Computer), 172072.), then later I got very good opportunity in IT field, I quite Company# A and joined Company #B because I build very good relation with Company #A and there were ready to continue my GC file. In August ’07, I filed I-485 (I got EAD based on pending I-485). Now Company #B giving me lay-off, so my question is –

    Company# A still want to hire me after I got GC (because they were very happy with me, right now they don’t have position to hire me back), In this case can I continue working in IT field on EAD status (right now I am on H1B). My current (IT) and Labor profile are both different.

    Thanks for your time.

    I don't think so.
    Your GC is sponsored by company A for "Electronics Engineer"
    Your new job in IT would be neither 'Same' nor 'Similar' to the GC job.
    So you cant use EAD to work invoking AC21.

    You can find new employer who can sponsor H1 though and work in IT.

    Thanks,
    Krishna




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  • komaragiri
    07-18 01:19 PM
    Wait for the I-485 Receipt Notice(Usually takes 30 days).



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  • a_paradkar
    08-05 02:36 PM
    Its my company policy. hence thats the reason why.




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  • new_horizon
    07-14 06:43 PM
    I had an EAD (OPT) soon after I completed school in 1999 and after that I switched to H1B. I am now considering filing an EAD: Should I file a New or a Renewal EAD? Thanks.



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  • jobelaw
    06-09 01:06 AM
    My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input




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  • kittu07in
    09-24 09:53 PM
    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance...



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  • girishc
    06-16 10:28 PM
    I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.

    I have an I797 and corresponding H1-B visa valid until March 31st 2011.
    When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.

    I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.

    We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.

    Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.

    Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)

    In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.

    However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.

    Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)




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  • gc_nebraska
    01-08 02:53 PM
    Nope ! EB-2 India



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  • abhishek101
    12-04 02:17 PM
    Yes you can,

    I am exactly in the same position as you. Jul 07 filer, and got married after that so my wife is on H4.

    Just recieved my 10 - 12 year extension in August for H1b being valid till July 2012.




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  • nashorn
    12-12 04:22 AM
    The basic fact is that people come here to save money, otherwise they'll hire an attoney for their immigration need. So it is bond to be hard to ask money from them.

    But I think they'll be glad to do so if they were asked to click 10 times on an ads everytime they visit this site. Will this make money?

    Another thought, maybe IV can make something for sale on this site. It's always easier when there is some sort of medium, cookies, fund-raising diner, fund-raising concert, etc. Just simply asking for money seems not work that well.

    Just some thoughts, you guys have good judgement.

    ______________________
    When can I become a senior member?




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  • ychuck
    04-28 08:06 AM
    I do not know about I485...
    but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.




    gparr
    May 11th, 2005, 05:50 AM
    The image above is a very nice, serene capture. But the one that really stands out for me is the fern (below). First you saw the shot. Most wouldn't. Then you used good DoF, a good composition, and exposure control to capture the fern without blowing it out but give us enough of the shadow to keep the fern in context. Without the shadow detail, the fern would look out of place. Nice work.

    Maybe you didn't get as many keepers as you wanted, but it sounds like you learned some things and you did get a couple of keepers so it was a profitable trip in my estimation. I think we've all been at that "wish I'd used my tripod" spot. It's really irritating if you own one and don't use it and flat out maddening if you take it along with you on a shoot and don't bother to use it. The part that makes you spit nails is there's only one person to blame. . . I'm betting that tripod gets a workout the next time you wander into the woods.
    Gary

    http://www.dphoto.us/forumphotos/data/1377/Turkey_Run_2005-05_0669_fern_spotlight.jpg




    PHANI_TAVVALA
    08-20 04:17 PM
    Your wife can start school pending H4 to F1 COS but you cannot change to F2 until her F1 is approved. It is much easier for you to apply F1-COS and simultaneously apply F2 for your wife but the caveat with this is your F1 might not be approved as USCIS expects you to maintain status until you get their decision which in this case you won't.



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  • kirupa
    09-28 07:43 PM
    No, you can't use JS to detect what permissions-level the logged-in user is running their OS on.

    :)




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  • loudobbs
    08-28 04:56 PM
    Hi
    I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
    189167030. anybody knows what this code means or how I can find out my jobe code?




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  • permfiling
    09-27 10:40 PM
    hi smuggymba,
    As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.

    Take the advise of your attorney as well




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  • CRAZYMONK
    05-21 09:30 AM
    Your title doesn't effect your GC processing. It is your wish to accept any designation that you like. This is nothing to do with your GC.



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  • nashorn
    12-15 12:50 PM
    You need to make it more clear to get help.

    You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.

    You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.




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  • ChainReaction
    08-08 11:53 AM
    Hi ,

    Finally after a long wait i heard some good news from my lawyer that my labor from PBEC has been approved.
    I have few questions in regards to my H1-B visa extension . The labor that got approved was from my previous company PD March2003 and i also have labor pending for my current company PD Feb2005.
    I wanted to apply for three yrs extension on my H1B I will be completing my 5th yr in Feb 15th 2007 and would like to know if i can get 3yr extension after premium processing i-140 bec based on some of the post on IV i came to this conclusion that one has to be in/past their 6th yr term on H1b according to AC21?

    Secondly, i would like to know if i can use copy of approved i-140 from my previous company and get 3yrs H1b extension.



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  • linklinklink
    06-22 02:02 PM
    I received my daughter's and my I-797A approval notice. All information on the attached I-94s are correct, but we have same I-94# which is my daughter's old I-94#. I called USCIS 800 number. The lady who answered the phone told me that it's normal becauce my daughter is my dependent. I also went to local USCIS office. Basically they don't kown why it happened and how it happened. They say that I should send the I-797As back to the office where the approval notices are issued to see if it's an error.
    Any one has this experience? Is there any problem that I use this I-94 number to file I-485 for my daughter and me which USCIS 800 says "no problem."?
    Thank you for your comments.




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  • akkakarla
    08-26 02:30 PM
    My PD is current since I filed the case, after waiting for almost 8 months I opened the S.R and got the letter back explaining...."We are actively working on your case, however your case under extended background check�blah..blah..blah�"

    What exactly is that? Do you know what they are trying to do? Is it part of delay tactics? What exactly do they do in extended background check does anyone know what it is?



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  • ItIsNotFunny
    11-11 07:54 AM
    Please send mails to fight AC21 injustice:

    http://immigrationvoice.org/forum/showthread.php?t=22182




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  • Jaime
    09-12 03:57 PM
    Just like the the department of Homeland Security has USCIS to make sure that only very few highly-skilled immigrants get visas (thus causing the USRBD), they should also have the "Agency for USRBD" to counter the damage caused by USCIS. Don't let the RBD suck you in like it sucked Pablo in! Let's go make our voices heard in DC!!



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  • catchagarwal
    05-04 09:16 PM
    I am on the same boat :(. Company A is sending me emails every week from past 1 month. Today he sent me a mail saying his legal attorney has started preparing a case against me. I want to be prepared for any legal action. What should i do? Please help




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  • jdshah
    08-04 11:55 PM
    My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).

    Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?

    H-4 or no staus?

    Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.

    Currently on passport, the H-4 status expires on Feb 08.



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  • CRAZYMONK
    03-17 02:18 PM
    1. You can apply for transfer but there might be an RFE asking about your paystubs which you can't provide as you are not on H1 now.
    2. With new H1, you can only work from October 2010.
    3. Now a days we can predict. If you want it quick you can opt for premium.
    4. Any way even it is H1 Transfer or New H1, you need to reenter using your H1 so that your I 94 reflects your current status.




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  • GSingh
    06-19 01:01 AM
    Folks,

    How long does it takes to get an Advanced Parole documents after filing I485?
    Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?

    Thanks





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  • coolgc
    05-14 09:42 AM
    Hi,
    My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
    Your reply is greatly appreciated.

    Thank you!




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  • TwinkleM
    07-02 02:16 AM
    If the H1 - transfer gets denied, isn't there an option of filling a appeal? I guess, one has 15 days to get out of the country, but he or she ca file & appeal & stay in the country but cannot work...

    Pls. correct me if I am wrong...



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  • gg_ny
    09-30 01:08 PM
    One has to maintain at least 6 months of validity in the passport if on H1
    (for visa and for traveling); although not strictly implemented, this might create problems. Next, an expired passport is not considered to be a valid ID document.


    Is there any problem if your passport is expired while on H1 visa?

    Do we need to get the passport renewed before it is expiring?




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  • for_gc
    06-19 02:12 PM
    Its quite likely that we may get some quick relief on alternate vehicles (bills) for minor things like the ability to apply I485 when the visa is not current. We should not count that out ... Not sure what boat you are in but I am waiting for applying my I485.




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  • sledge_hammer
    05-05 10:40 AM
    See my PM...

    anobody? i really need your advice.




    LostInGCProcess
    11-10 09:03 AM
    Hi All,
    I have a situation where I can not find proper information and would like to ask all the experts in this column.
    I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.

    - Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
    - If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?

    Thank you!
    :)

    1) You can enter US on your H1B visa even though you might have applied for I-485.
    2) You don't need to go for another visa stamping if it is valid for more then 6 months. If you are on new H1 then you must tell at the POE to put the exp date from the new H1 on your I-94.




    jkays94
    05-28 11:12 AM
    ^^^^



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  • jamsumfarray
    10-27 10:38 AM
    Hi
    My gc was filled in nov 2002 from newjersey which has gone to the backlog center in philly....no news after my 45 day letter which i got in june ....
    1.I was wonderign if i could change my lawyer now ...and if i could change my gc processing from non rir to rir ?
    2.What the odds of changing from non rir to rir?
    3.And my gc is filled in eb2 catergory..
    4.if i need to change lawyer is it possible?as my lawyer the present one is not exp enough and makes many mistakes ...?
    urgent reply nneeded..
    thanks




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  • vivcha
    11-18 04:36 PM
    Hi,
    I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India). Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.In case I apply for F1, can I :
    1. Start my classes till my transfer from j1 to f1 is pending
    2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?

    Thanks in advance.




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  • pranju
    08-08 11:10 AM
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  • ssingh462
    08-23 04:41 PM
    If I want to do premium processing of my H1 visa, how long does it take for an approval or denial ?


    Actually I had an H1 visa 2 years back and when I had my baby I quit my job and my H1 was cancelled by my company. Now I am on H4 and want to work again. But no company is doing H1 these days without a job offer in your hands and even if I get a job offer no client company is willing to wait for a long time for my H1 approval. So, I wanted to check my options with premium processing. How long does it take if I go for premium processing of H1 visa ?



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  • raja_san
    05-10 11:24 AM
    Hi

    My 6 years of H1B visa expires on Feb 2012. Can I transfer to H4 Dependant Visa on my wife's H1b Visa or F1 Visa for one year and after one year re-apply for a fresh H1B visa? or I have to go outside USA for one year and then Apply for fresh H1B Visa.

    Thanks,

    Raja




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  • raj3078
    05-09 09:05 AM
    Guys,
    I was coming to work and just heard a small advertizment about "All Things Considered" on NPR. The advt said like this -"There is so much debate is going on about illegal immigrants but there is little debate about Legal Immigration, that story later on today on 'All Things Considered'. "

    Anyone has any idea? Not sure if they will be taking phone calls or its pre-recorded story but it will be good to have IV feature or at least IV agenda featured on NPR.
    Raj



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  • sodh
    07-27 12:21 AM
    Folks, let us concentrate on sending the output of all the good analysis done by various members to this person who it appears has a job to identify and recommend systemic fixes. It would be far more useful than sharing woes amongst ourselves in these b-boards.
    If he could fix everything we would'nt be in trouble.




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  • jville
    11-10 11:53 AM
    sorry folks. that was I485 /AC21



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  • loudobbs
    08-02 11:50 PM
    My AOS was filed June 29 th and I am waiting for the recipt notice.


    Now, as the AOS is filed, will it make a difference later on - filing AOS under EB2 would have got him the Green Card ealier?




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  • gotgc?
    03-10 11:44 AM
    Hi All,

    I have recently applied for my wife's EAD to Phoneix Lock box and got the Receipt from NSC with the LIN number. RD: 02/25/11 and ND:02/28/11. Check also got cashed. I tried to access that receipt number in USCIS case status website online to get the status yesterday 03/09/11; it says the case number is not found. I am sure I typed the correct receipt number. Any idea what could be wrong? Has anyone experienced this before? Should I contact the customer service? Please help me.



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  • LostInGCProcess
    07-20 11:20 AM
    Hi there,
    I changed my address using the online facility provided by USCIS by filling out the AR-11 form. I got the confirmation for that. After that when I started to change for pending petitions (I-485), lost my internet connection. I could not go back to that part again.

    I checked all the FAQ's etc but could not find a link that would explain how to change only the pending petitions, since AR-11 was already changed.

    Please let me know if anybody was in the similar situation.

    Thank you!!!




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  • wisley
    10-23 05:49 PM
    hi all
    im in F2B ( LPR filing for son over 21 )
    my PD : 12-aug-2009
    ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
    AM I RIGHT ?????
    any insight will be appreciated



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  • ImmiUser
    11-26 07:15 PM
    I have a unique situation, my laywer sent I-485,EAD and AP together in July. I got the receipt for I-485 but still awaiting for the reciepts for EAD and AP. Please advise what could be done in this situation, its already been almost 5 months ?




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  • veerkar
    06-18 10:17 PM
    i am a part-time mba student. will contribute a BIG sum once I get my EAD filed. The doc just charged me $400 per head for the health thing!



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  • AllIzzWell
    03-08 12:05 PM
    graviyera,

    Thank you so much for your quick reply. Your feedback helps.

    Due to family reasons, my wife (H4) has to visit India, do you think even for H4 they will issue Admin processing. I work for a bank and have all the legal documents.

    Any advise.




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  • mirchiseth
    05-31 01:38 PM
    I am in the same boat. All my applications and approvals in the past have been thru TSC. I submitted the EAD, AP renewals using efile today and got the same.

    Wondering if some thing is wrong or USCIS has some new policy?



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  • kghoshal
    12-31 05:28 PM
    Consult attorney Murthy with new memo, she may help you. It is my personal opinion.




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  • cyclone_p
    07-20 09:51 AM
    No updates. Waiting for FP notice.




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  • WAIT_FOR_EVER_GC
    08-24 10:05 AM
    Any chances of Chances of Reconsidering this MEMO in the near future?


    Economy my friend. This will not happen soon.




    javacool2008
    07-18 01:12 PM
    After the show down of the USCIS and all the high skilled immigrats. USCIS posted that they are withdrawing the July 2nd board. This is great news.

    I have filed my I-485, I-131, and I-765, and they reached USCIS by July 13th. According to the new board, USCIS will no long reject them.

    So what will happen from now on? What is the procedure after this?

    I guess this might be a newbie question. If someone can post some answers for me, it will be very helpful.

    Thanks




    shivarajan
    04-04 02:59 AM
    is that spell mistake on purpose or on unavailability cause?