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  • wei
    04-18 01:18 PM
    Your lawyer should check with DOL after 90 days(from submission). I requested my lawyer did such thing and got response from DOL for RFE. One month later, I got approval notice.





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  • Desi_Hydrabadi
    02-20 04:34 PM
    Donot panic about everyting.
    HTH

    Thanks texcan for your encouraging reply. What you say makes sense. Thanks.





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  • swadeshi
    06-20 04:15 AM
    I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

    Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

    Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

    Thanks





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  • deardar
    09-14 03:44 PM
    i understood that. I was just kidding :D

    The newly acquired ART OF BASHING has kept me on toes.
    Scared to post .:p



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  • shahsahil
    04-17 02:45 PM
    So, 10 month is indeed long time.
    I will try to follow up with DOL.

    Will try to find contact information online, if somone has some webpage link handy, pls pass it on.

    -Sahil.





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  • eb3_nepa
    11-06 09:25 AM
    Any more inputs anyone?



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  • fromnaija
    04-20 05:28 PM
    IF you move to a different city that is not within the same Metroplolitan Area, yes you will have to restart your GC process. The good news however is that you can retain the priority date if your old I-140 is approved.





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  • StarSun
    02-08 02:21 PM
    Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.

    Take action and register now: ImmigrationVoice.org - Advocacy Update (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)

    Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!

    True.
    IV in need of brave souls now :)



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  • Ramba
    04-22 02:19 PM
    My lawyer got the RFE notice yesterday....

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.

    Though, it appears as regular employment verification letter, there may be catch in it due to what you explained above. Though you were an "engineer" in H1B, your employer applied as a "technician" in green card application (LC/140) to overcome pre-wailing wage issue. This is not good one if they found out, as the technicians can not be in H1B visa. You can not argue I will be technician after getting GC. Also, you can not use AC21 as "engineers" and "technicians" are not similar occupations.





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  • tnite
    07-26 09:27 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!


    I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
    But looking at the possible choice you have mentioned :

    1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.

    2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.

    3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.

    But my choice would be the first one. It's not risky for the reasons I had mentioned.
    my 2 cents



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  • royus77
    06-18 12:39 PM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..


    Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .





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  • breddy2000
    01-23 10:41 AM
    Can someone explain me what this processing date means?

    Is it the Receipt date or the Notice date? Assuming you have a receipt date of July 2nd 2007 and Notice date as Aug 12th 2007, does it mean the 485 case has been processed and pre-approved assuming if no RFE is raised on the case.

    Any expert comments



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  • zoozee
    07-30 02:10 PM
    I too am eager to receive the receipt but since i have signed the G-28 form i guess have to rely on the lawyer of the employer.

    Zee





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  • saileshdude
    09-07 10:49 AM
    Yes� It�s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

    -Sree

    Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.



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  • jettu77
    03-12 10:22 AM
    Congratulations!





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  • shaikhshehzadali
    12-28 02:04 PM
    They were NOT. They just put DEC 14 as the post date but they were NOT available online until yesterday. Now where were you buddy ?

    Look for the first news item posted today at : http://www.immigration-law.com/Canada.html

    Why did u give a negative marking for that?



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  • Nov2004
    08-24 06:18 PM
    can you please let us know some details. I am in the same situation.
    Nov2004, EB3, I140 approved and I485 applied.

    1. what happens to the present ead, after filing the new I140.
    2.After I140 do we have to apply for new I485?



    It took almost 3 months to get the approval. Key points:
    1. USCIS does not accept I-140 PP as the original Labor approval is not included.
    2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
    3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

    Hope it helps....Good luck





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  • dkshitij
    02-07 01:38 PM
    The video can be found at Immigration Policy - C-SPAN Video Library (http://www.c-spanvideo.org/program/ImmigrationPolicy19)





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  • immi2006
    08-21 09:40 PM
    All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?

    So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.

    Hope u got the point...





    h1techSlave
    07-16 10:26 PM
    Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
    XXXXX

    I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?

    Cheers,
    h1techSlave





    wandmaker
    01-02 06:58 PM
    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

    If each and every registered member supports IV with money, time or both then you will be able to file in 3/4 years otherwise 2025. Contributing money is most important task to start with



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