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sumanitha

08-01 12:53 PM

One of my friend is ready to apply for 485. He is all set.

The problem is he got recently married and his wife's passport and other details are not yet ready and she is still in India.

Can he still submit his 485 for his wife?

Gurus, any help / suggestions is appreciated.

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Blog Feeds

07-20 04:00 PM

Department of Homeland Security (DHS) and Department of Defense (DOD) today announced that National Guard deployments to the Southwest border will begin on Aug. 1 as part of the administration�s unprecedented efforts to combat the transnational criminal organizations that smuggle weapons, cash and people across our Southwest border. The President has also requested $600 million in supplemental funds for enhanced border protection and law enforcement activities, which are critical to our ongoing efforts.

�Over the past year and a half, this administration has pursued a new border security strategy with an unprecedented sense of urgency, making historic investments in personnel, technology and infrastructure,� said Secretary Napolitano. �These troops will provide direct support to federal law enforcement officers and agents working in high-risk areas to disrupt criminal organizations seeking to move people and goods illegally across the Southwest border.�

In May, the President authorized the deployment of up to an additional 1,200 National Guard troops to the Southwest border to provide support for intelligence surveillance and reconnaissance, and counternarcotics enforcement�providing support for one year as part of the administration�s unprecedented efforts to crack down on transnational smuggling and cartel violence, as CBP continues to recruit and train additional officers and agents to serve on the Southwest border. In deploying these personnel, the National Guard Bureau is operating under a request for assistance from DHS. Border security is a law enforcement mission, and these troops will augment the Administration's efforts to crack down on the drug cartels and transnational criminal organizations that operate along our Southwest border.




More... (http://www.visalawyerblog.com/2010/07/obama_administration_announces.html)

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orshoe

03-19 04:39 PM

My labor was filed with job title from the employer as IT Lead (O*Net Code - 11-3021.00, O*Net title - Computer and Information Systems Managers). I am having an opportunity to convert to full-time on EAD (I-140 approved, EAD received 18months back). The new job title is Software Engineer(possible O*Net codes - 15-1032.00/15-1021.00/15-1031.00, possible O*Net title - Computer Software Engineer/Computer Programmer). Is it possible to file AC21 in this scenario. The salary and the job descriptions for both the Labor filing and the new opportunity are similar. I am worried if the title might cause a problem. I have to make a decision very soon. Please help.

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Dhundhun

04-24 02:54 PM

I got one more LUD for I-485

ie., I got One on Mar 18th and the othe LUD on Mar 25. What dows this mean.

Can somebody clarify...
It seems that whenever they open file a LUD is generated, e.g.
..FP done
..FP Oked
..I sent docs for e-filed EAD, when they received they put a LUD

Soft LUD is happening amounts to some activity happening with file/case.

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Vincelekker

08-25 01:41 PM

I was employed by company A between 2002 who has filed I-140 and I-485 in 2007.

After company ceased to exist, USCIS granted an H1 extension based on an approved ALC filing and I moved to company B. According to the owner of company A, it has no plans to file for bankruptcy.

Company B filed for the H1B extension and I received one that expires Oct 2012. However, company B is now unwilling to continue my employment. My employment will cease Nov 2010.

Besides looking for another job, anyone has any inputs?

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anilsal

11-13 06:10 PM

If not, take a look at the pictures here:
http://immigrationvoice.blogspot.com/

The pictures for meet ups held at IL and others states will be added to this blog.

Come forward and start enrolling yourself in your local state chapters......

IV is not an online forum where you can just ask questions, chat around. It is also a platform for you to raise your voice and work towards eradicating RETROGRESSION!

Come forward. Look for a meet up for your state chapter. If there is none, then push for one. If there is no state chapter, what is stopping you from starting one?

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freakin_gc

03-31 01:51 PM

Hello

I received the following LUDs on my I-140
Soft LUD 03/28/08
Soft LUD 03/30/08 (Yeah on Sunday)
Soft LUD 03/31/08

can anyone tell me what is going on? My I-140 filing date is 6/13/2008 EB3 Category(India), NSC

Thanks

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GC_Geek

10-22 05:23 PM

Opening the new thread since the first thread was closed by the Admin..

Update from my case: My AP was approved today(along with my spouse AP)
See my signature for more details

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ind_game

05-15 08:17 PM

Can someone shed light on this topic?

I know Writ of mandamus cases are common for FBI name check delays.

What about AC 21?

When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?

What are the costs involved?

How much time does it take to get a ruling from the court?

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ca_immigrant

07-09 12:25 AM

I have filed my GC from Employer A , now I have completed 1 year since I 485 is filed. I have an offer from empyer B who is ready to transfer my H1B. Now my current H1B is expiring in Nov and I will be completing my six year in nov itself. If I go with employer B I am not sure for how long my H1B will be extended. Please advise suitable process for this.

I believe you should be using your EAD + AC21 after 6 months of filing 485.
did you check elsewhere in the forum, I have seena lot of communication about it before here.
All the best !!

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Ann Ruben

08-06 08:51 PM

This should nt have any impact on your wife's AOS application.

However, for peace of mind, you can have CBP corect the error. This is easily done by contacting the nearest CBP deferred inspection site. Go to https://help.cbp.gov/app/answers/detail/a_id/818/p/0/c/0"]https://help.cbp.gov/app/answers/detail/a_id/818/p/0/c/0[/URL to find contact information.

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jewelhaque

10-26 07:48 AM

She could join from the day when the papers for transfer was mailed, this is as per AC21 law. She does not need to wait to receive the receipt from USCIS.

my wife is moving to another employer. they filed her h1b transfer 2 weeks back. does anyone have an estimate on when she should get here receipt???

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fatboysam

09-04 08:05 PM

Finally i went for option 2 i.e. Costco, they gave 2 2x2 photo's for $4.99 plus $2.99 for softcopy.

I could have saved $2.99 by scanning the photo's with scanner.

Anyways, its done now ..

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pappu

08-20 03:39 PM

Work travel prevents me from attending the DC rally on the 18th (was going to attend on the 13th), but if anyone is hesitating on whether to go due to funds, i offer $200 if you promise to attend. Send me a private message!

Thanks. Send a note to KanMe about this

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avikey

04-27 05:45 PM

Hello

I am on H1 and 3 months back i came to US.After one month i applied for SSN,but still didnt get that.
when i went to SS office for enquiry 1 week back, they told me that my immigration verification was not done yet. so i had to wait.
can anyone help me with this.
how many days will it took to complete the process??
is there any other way around........
please answer me ASAP.

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royus77

07-11 09:30 PM

I am new to this forum. Just registered myself. I hv a question if u guys can help. I got an RFE for I485 for employment verification. Lawyer says he sent the employer verification letter with his signature instead of employers bec employer has given him authorization to do so. can anyone do like this. does this pose a problem for my I485 approval. Please help.

Your attorney is more knowledgeble than most of the members here . Keep him if you have confidence else change him .

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morchu

05-27 06:56 PM

What I understand is that, your spouse can apply for H1, but not "change of status" while on EAD/adjustee. The establishment of H1 status for your spouse is possible only via an entry using H1 visa.

So your spouse can wait in USA for the H1 approval notice and then travel outside USA for consular processing.

Anyway, it may not worth all this pain, since she can continue using EAD.

Thanks for the response, but does that means anybody who is on EAD cannot apply for H1B while in US ?

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willgetgc2005

04-03 03:14 PM

Any thoughts ?

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logiclife

07-03 06:40 PM

This is no news. Bilbray and his HIRC (founded by Tancredo) are engaging in tough talk and rhetoric knowing full well that Pelosi is not going to put CIR on House agenda.

This is just tough talk with no plans or intention to act. Nothing to see here folks. Back to 485 issues.

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sankari

05-08 08:49 AM

Hi
My H1B visa end date is 30July2013(PED or expiration date in H1B visa stamp) and my I-94 end date is 10-Aug2013.But in I797B the end date is 30July2011. Can you please help me that i need to do my H1B visa extension within 30July2011?....please clarrify that visa validity depends on I94 or Visa end date or I797B end date....thanks

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senk1s

05-14 12:20 AM

2 cent questions ...

Is NSC processing EB3s regularly?

TSC is not processing EB2s as well ... are they working on EB1s only?

Is it because the Visa #s are exhausted for the period?

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MONCYS

03-20 11:42 PM

TSC online system is down. Any update on this ??

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glus

01-02 09:23 AM

hello,
If you applied for their I-130 before the end of 4/2001, then they would be eligible for 245(i) and adjust status even if they are illegally here now. However, for 245(i) to work, would require them being present in the U.S. at the time you applied for I-130. In short, if they were physically present in the U.S. before the end of April of 2001, and if you applied for their I-130 before end of April of 2001, they can adjust in the U.S. If not, they can't. In any case, if they leave the U.S. now for consular processing, they will not be able to receive their immigrant visas because they will trigger a 10-year bar from entry to the U.S. and become inadmissible.

I would advise to speak to an immigration lawyer before doing anything at this time.

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kierontam

11-01 11:14 AM

Hi,

I just graduated with a Bachelor Degree, and I am currently on H1B. I am so concerned about the 5 year backlog on EB-3, which will take more 10+ years to become a citizen....

I am thinking about getting an online MBA degree from an accredited school ASAP, and ask my employer to promote me to a position that require an MBA, ex. manager. (I think it's not a problem in a small company) Will I be able to get into the EB-2 line?

Have anyone done that before? May you share your experience whether it's successful or not?

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buehler

07-21 11:54 AM

Hi, Please let me know your thought on my situation. I was on H1 thru Company A. I don't have pay stubs for the last 3 months of 2005 since i was on bench, but got the salary that is mentioned on LCA in pay stubs till end of Sept. When I asked my employer to pay me for the time on bench he said that he has paid the LCA salary and doesn't have to pay.
So having said that, am I in Status or Out of Status?

If the W-2 is for more than the LCA requirement, you don't have any thing to worry about.

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panky72

06-19 09:37 PM

Thanks Panky72, where should I file the EAD

Sorry cant help you in this regard. I filed at NSC for 485 and EAD/AP.

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cr125rider

04-16 01:43 AM

Update:

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kirupa

11-09 08:39 PM

Are you submitting all 11 of them? :)

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garybanz

09-07 01:57 PM

I filed my 485 application at TSC at the beginning of August, still did not get any receipt number, neither are the checks cashed.

Any idea how long USCIS/TSC is taking these days to issue a receipt or cash the checks?

Thanks,


Finally got the receipts on 3rd Sep..so in about 24 days!!

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looivy

08-12 02:48 PM

Hi,

I work for Company A. My labor and I-140 has been approved with Company A. I am in my 9th year H1 extn.

I plan to join Company B using H1 transfer (AC21) and they also help me continue my I-485 by proving similarity of job.

There is a high likelihood that Company A will revoke my I-140 once I tell them I am leaving to join company B. I am safe with B because H1 transfer and I-485 has been done prior to I-140 revocation.

However, if I were to join a third Company C using H1 transfer (AC21). Can I do it and also keep my I-485 pending? Please advise.

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sembat

08-17 04:15 PM

Greetings,

I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?

If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?

Thanks
k

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martinvisalaw

07-27 01:12 PM

If you were subject to the cap for the last H-1B, you will not be subject again. The new employer would need to file a change of status for you, changing you from B-2 back to H-1B.

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Life2Live

09-07 01:06 PM

Use the following link to see USCIS Application and Receipting Update

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D

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amsgc

05-13 11:17 PM

So what are they busy doing right now? Which cases are they processing - care to share?

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Sakthisagar

05-03 02:02 PM

Making Legals also Illegals.

For the past 10 to 13 years people are waiting on the EB category Queue, and they are all tax payers as same as US Citizen.

some of them are in H1B status, in this economy it is not necessary that they should always have a job, so if the congress

is not acting on the Immigration bill as soon as possible, they are making the Legals also Illegals pretty soon, with the

USCIS nasty memo for the Employer-Employee relationship, getting an H1 extension became another Oil spill in the Gulf Coast!

This is not a joke, and politicians care little about this, because they cannot manipulate anything here, This is the year and time
to pass immigration bill. If not then immigration issue may not see light.


What about great Indian origin media tycoons Sanjay Gupta & Fareed Sakaria, why cant they make a issue on the media about this.

All Indian origins except some bunch of people, are waste and just eat, drink & be merry caes, and they don't care for anything.

Keeping the finger cross and waiting for the immigration bill introduced in congress as soon as possible at least before May 31st 2010. Even the home country of some of us here, India, with a puppet government and corrupted politicans can do nothing about this. :mad::o:eek:

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eb3retro

09-08 12:45 AM

Hello Friends :

I recd. an email from my attorney this evening stating that "We have mailed you the FOIA request for your and your spouse's signature."

This doesnt make any sense to me, as to what does FOIA mean to start with. So I emailed them back asking, what does it mean and is it something to do like RFE towards my AOS papers filed on 2nd July,2007 (no checks cashed yet, no info in system yet).

My Attorney replied back stating that - "We have filed for full copies of your petitions to be sent to us. The FOIA will allow us to obtain a copy to check the integrity of the filing for our records. Looks like, it will be several years before these I-485 petitions are actually reviewed by the Service unless we see a change in the law. ."

What does this all mean? I am so confused....

Pls. advise me. Thanks a lot
nkavjs


FOIA - means - Freedom of Information Act, Just google it..

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fxok425

01-10 06:17 PM

1. Quit my current job and sit at home, and do nothing?
If you are the principle applicant, you need to work at the same profession full-time.
2. Start a company?
I want to know too.
3. Go to Full time MBA school?
No, if you are the principle applicant
4. Go to part time MBA school with my current job?
yes, I guess
5. Switch jobs as many times as I want using AC21?
yes, as long as it's the same profession.

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fareedismailsait

01-04 08:40 PM

I'm a US Green Card. I am eligible to apply for my citizenship but have run into a technical issue. I registered to vote in August 1999, but never voted. It was my 2nd semester at a community college in Chicago and the professor was encouraging everyone to register to vote. Taking his advice I too registered to vote not knowing that I was ineligible. I did sign the form which states "I hear by swear (or affirm) that I am a citizen of the United States..." Unfortunately I did not read the fine print before signing the application. As it was not my intension to vote, and I merely did it on the request of the professor, I did not vote.
In 2005 I switched from a F1 to a H1 and in 2006 married a US citizen with whom I have 2 little kids. I am now eligible to apply for my citizenship, and would like your professional opinion on how I should deal with this situation.
To ensure my voter registration application was in fact processed I did request the �Chicago Board of Elections� for a copy of the application. I am also in the process of requesting them to �de register� or �cancel� my voter registration and provide me with a letter stating my voter registration has been cancelled and that I have never voted.
I would really appreciate your help.

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05-24 07:43 AM

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number30

03-15 07:52 PM

hi all
I plan to probably file under the EB2 category soon- I know EB1 and EB2 can be filed separately, however can a EB2 regular and a EB2 with NIW application both be filed separately as well?
Need to know this asap, so would appreciate a reply, Thank You!

You can file as as many as I-140 and I-485 as possible at a time provided priority dates are current.

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raysaikat

12-06 09:55 AM

Hello,

I am currently working on OPT. My company has just applied for my H1B visa. Assuming it gets approved in 2-3 months time (i.e. in March), when can i have it stamped? Can i go back to my home country to get it stamped in April or will i have to wait till 1st Oct 2011 to get it stamped?

What is the starting date on your H1-B petition?

You cannot get a VISA stamp earlier than within 20 days of the start date (I actually do not recall if it is 20 days or 15 days -- but it is around that many days).

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chprav

10-23 12:33 PM

I've not get EAD and AP and been waiting for last few months. My wife got both EAD and AP. Is it good idea to call USCIS I/O about my status of EAD and AP? I applied for all 485/EAD/AP in june last week and got the notice on Aug 15th. Please check my signature for more information.

Please suggest me.

If I've to call, what is the procedure? Please let me know.

Thanks..

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rbharol

09-08 03:01 PM

:)


You actually stayed awake to listen /Watch to this!!!!.. hey comeon.. don't let the immigration dream take away your sleep...enjoy while you can..life goes on..

I am in California so it was 9:40 for me....
I do not sleep before 10 anyway.

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ajay

11-30 10:03 PM

Why don't you go and get the visa stamped in chennai consulate or wherever it is applicable to you.
If you have an AP you don't have to worry about anything since you can use it when you come back.

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voldemar

06-25 09:22 AM

Can someone explain how the lawyer files I-485(Does she e-file? or mail it to USCIS?) and how we know about it? How long does it take to know you have filed it? and how do we know about it?Lawyer mail the package to USCIS. Good lawyer tell their client tracking number and then send email with case numbers and copies of receipt notices.

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Shrek

07-01 04:56 PM

Hello Experts!!!

I need some serious advice, saw a few related threads, hence joined this forum immediately to get some help...

My 6 years H1 B limit ends in August 2008.Stamp on I-94 is also as of Aug 08

Question 1) Employer A filed for I-140 in October 2007. Due to some serious medical conditions I was unable to work from Nov '07 till date. My employer terminated my employment in March 2007 as I was not working then and not in a state to work either.
I dont think Employer A has revoked my H1B coz I got my I-140 approved thru Employer A, this June (2008). Am I out of status per USCIS/INS 'on paper' ?

Question 2) I am now capable to resume work. In June 2008 I have found Employer B. What are my chances of getting my H1B successfully transferred to Emp B. The last pay stub is as of Oct 2007. I can get a medical certificate explaining my absence from work till date.

Question 3) Also, with Employer A's approved I-140, can I apply for a 3 year extension for Employer B since my 6 year tenure ends next month - Aug 08 ?

Question 4) How will the entire process work. What r my chances ? If the H1 gets approved do I have to leave the country and re-stamp ? If the H1 gets approved why shud I leave the country, can I not just start work coz I have another 3 year extension becoz of the approved I-140 thru Employer A ?

PLEASE HELP......

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gawadejyoti

05-29 04:04 PM

in case if my employer will not file extention petition. can i go back india and again apply for L1 visa.

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kgaurav77

04-05 02:51 AM

Hi,

My employer applied for my PERM and i-140 in 2005 in the EB-2 category. Both were approved.

In 2007, I left my employer to pursue an MBA, and converted my H-1B to F-1 visa. Now I am planning to return to my old employer.

I would like to know whether

a) if my employer did not revoke my i-140, is my old PERM still vaild? Can I apply for a new I-140 and a new I-485 using my old approved PERM.

b) if my employer did revoke my i-140, is my old PERM still vaid? I know I can retain the priority date, but was wondering what is the status of my old PERM?

Any help is appreciated.

I know that PERM is valid only for 180 days, and an i-140 has to be filed within that time, which was done in my case. However, does the law say anything about PERM validity if the i-140 is revoked?

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abuddyz

12-07 10:06 AM

yes, I have done that. I had visa stamp of Company A and I was working for Company B. please note that the visa stamp of Company A was not expired when I entered US port of entry. At port of entry, I showed the H1 approval notice of new employer. Please make sure that they stamp the expiry date in your I-94 based on your new approval notice of Company B. that is very important.

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June 9th, 2005, 07:03 AM

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Thanks

I know what you mean. I'm a newbie also and have been fascinated by that effect. I'm so excited that I have been able to get it.
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