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  • theshiningsun
    02-24 03:50 AM
    this is what i know

    since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process

    u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months

    again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action

    btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?




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  • WeShallOvercome
    10-05 01:26 PM
    Speddi

    which serivce center are your applications pending with?



    Hi,
    I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.

    Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.

    Thank you for any kind of input.




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  • bbenhill
    11-16 12:52 PM
    I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.

    Thx



    you have to options -

    1. your employer files change of status H1 to H4 (form I-539)
    2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

    please double check before you make any decision.




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  • surge
    02-16 10:38 AM
    HI Surge
    As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.

    not really, but close.

    i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.



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  • tnite
    08-06 08:39 AM
    ...bump...




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  • on_h1b_since_1998
    06-20 12:15 PM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!

    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.



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  • krustycat
    03-09 07:33 PM
    if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.

    Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.

    My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.




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  • IV_Friend
    03-30 12:18 PM
    Dear Attorney,
    Thanks alot for taking your valuable time suggesting us on this issue.
    I appreciate your help.

    This information is very much helpful.



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  • psaxena
    02-04 04:21 PM
    Hi, Everyone says I am in and I am in . no one says how and when.

    So I decided to step up for this. Guys please send the list of the members with contact information who are willing to meet & greet. I'll then plan for some place to get together.

    We are just a few indians in AZ , atleast we should meet and it will be good social networking and also will be a big step forward for the cause that we all are together at this portal.

    All the best, looking forward to meet everyone.




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  • milind70
    07-27 11:01 AM
    I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
    He cant use AC21 as he will lose his H1 status and his wife will out of status.
    He would be advised to keep his H1 status all the way till he gets his green card or till his wife is able to apply for 485.



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  • IneedAllGreen
    11-30 06:38 PM
    Glad to know that your appeal process got approval for I-140 petition. I am desperate to get my I-140 petition approved from USCIS. Please give me some detail of your case and when did you filed Notice of appeal and when did you received your response for appeal?

    Thanks

    Did you try to appeal the denial ??
    Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.

    Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.




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  • sriramkalyan
    09-15 04:05 PM
    Last time CIR had sweet deal for Illegals ..
    Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..

    For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.



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  • dealsnet
    12-28 02:27 PM
    We are watching the processing date from Dec. 14 till yesterday. We did call them. You can see my thread for this matter. They talk about Nov. Date till recently. All of a sudden they come up with this with old date. see the link
    http://immigrationvoice.org/forum/showthread.php?t=16229 (http://http://immigrationvoice.org/forum/showthread.php?t=16229)

    Why did u give a negative marking for that?




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  • anjans
    07-18 04:57 PM
    You need to fill the application with date of entry anf I-95 number!



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  • smuggymba
    03-07 11:26 AM
    You will retain your PD.

    If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.

    I haven't file 485 and have no EAD.

    Just an approved 140 with looming layoffs.




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  • pnara2
    01-24 12:37 PM
    Appreciate your response. Thanks for the useful information.



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  • royus77
    06-25 10:12 AM
    My Company is asking me to sign a new 2 year contract with them to get employment verification letter required for I-485. Is this legal?

    if there is any breakage clause,Make sure that you understand the amount of damages. If the company is desi ,you can always negotiate at a later time




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  • jonty_11
    07-24 12:04 AM
    BEtter go with lawyer...$400 is not much and will save u headache later on dur to name mismatches.




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  • GCwaitforever
    02-27 05:42 PM
    My intention is that he would join the forces to reinstate the V Visa provision. There are many permanent residents who can not bring their spouses/children here.




    gcinterview
    05-12 04:47 PM
    I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.

    History:
    My 485 was filed in NSC in July'2007.
    I have 2 I-140 petitions, and dates are current(Eb2 India).
    Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
    Case got transferred from NSC to local office in April'2009
    After about 8 days of transfer to the local office I received Code 1 Finger print notices.

    What does that mean? Any one had similar experiences?

    Here is the message I got last month.

    We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    Thanks for the link. Looks like I will have to get ready for an interview!!!!




    prem_goel
    11-25 01:32 PM
    Did you last stamped in Tijuana? Because Rule is just changed.
    NEW RULE:

    Visa Stamping from Canada/Mexico - Read and post experiences : Page 0 (http://www..com/experience/readentries.do?category=22)
    You can have H1B stamping in Tijuana, only if you had last stamped in Tijuana.

    Here is the OFFICIAL link from US Consulate at Tijuana

    Visa Services (http://tijuana.usconsulate.gov/niv.html)


    Who Can Apply in Mexico

    TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of �change of status� even if that change has been authorized by the Department of Homeland Security.



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