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  • lkapildev
    02-07 08:28 PM
    YOu will get your GC. I'm positive. For me all my docs like AP, EAD etc had same status and i got the physical card and ap.





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  • psaxena
    05-04 11:16 AM
    My case is in Nebarska.. is their an email for that location?

    wow.... interesting post.
    thanks.

    i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.

    Got to send this to my attorney and get her input.





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  • hibworker
    03-15 01:16 PM
    EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.

    Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.

    What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?

    Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.

    1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.

    2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.

    3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.

    4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.





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  • skpanda
    05-17 07:10 PM
    Upgrade of the existing case.

    Good Luck!

    Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?



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  • dealsnet
    04-06 02:11 PM
    You can see many denials for 3 year degree people in various forums including IV.

    I have one copy of the denial of my friend in hand. (AAO appeal in progress)
    It is 3+1+2=6, still they denied for EB2.

    Before 3 year degree people go with some notorious evaluators (you know who) and get evaluated with professor letter (pay $500 to $1000). What they will do is 'find and replace' option in microsoft word file template to change the candidates name and issue a 200 page opinion letter. (all candidates will get same letter, only change in name and university).
    Now this is not flying with USCIS.
    So we can see increase in the denials.

    Could you please share source/link for your assertion?


    .





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  • beautifulMind
    05-01 11:59 AM
    I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.

    I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140

    Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.

    My pririty date is still not current....



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  • swaraj
    11-12 01:07 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?





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  • gc_chahiye
    08-29 05:10 AM
    Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.

    thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.

    The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!



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  • jthomas
    05-05 06:16 PM
    What happens to the GC petition? I guess that is probably also Amit's concern in the long term

    - cheers
    kris

    It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.

    I have a canadian PR so i took the risk of taking unemployment benifits.

    you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk

    Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.

    J Thomas





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  • baleraosreedhar
    11-19 02:36 PM
    I am going to send a new Invitation letter will instruct them not to show the documents unless asked for.

    Thanks
    Sreedhar



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  • Hong12
    02-06 01:58 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.





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  • Better_Days
    03-03 02:30 PM
    Now that all the aspiring *highly skilled* and *educated* immigrants are done bashing each other on whatever ethnic\religious\cultural issue is in vogue these days, here is what the new rule says:

    USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.

    Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.

    We may not be back to square one, but we may be half way there.

    Best of luck to all



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  • iv_only_hope
    01-11 10:52 AM
    Hi
    This is my first post so please bear with me. I have been silent in these forums for some time now. My intention in this post is not to offer any advice etc but its only intended of what I am feeling after the Feb visa bulletin and whether there are other people sharing the same feeling. I have been in this process since 2001. Got screwed by company once (after about two years) and had to change company so started all over again. Luckily new company was good. Though they dont pay for any GC expense lawyer was good and got PD 2004. Last year after seeing VBs had hopes of getting out of this soon. But now Feb VB bulletin has provideed really depressing news. At this stage its very depressing. I am thinking my "living the american dream" will be a dream only. With upcoming elections who knows what will happen. IV seems to be the only hope now.
    Dispatched letters today to IV California and President.
    Jack





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  • snhn
    11-06 11:55 AM
    WEre there any LUD on your case before you all got them.



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  • gcformeornot
    05-04 11:03 AM
    http://aila.org/content/default.aspx?docid=31886

    I hope this works out and they implement for every service center....





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  • gcwait2007
    12-22 09:14 AM
    Once again Thanks, Bestin.

    I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.

    I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.

    I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?



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  • roseball
    02-20 06:35 PM
    It is not a Valid Birth Certificate for USCIS

    Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...





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  • cdeneo
    03-26 10:05 PM
    Update for anyone who would find this useful -

    I sent my app using USPS express mail (next day delivery) with online tracking/delivery confirmation. No issues with delivery to PO BOX.





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  • vivaforever
    08-10 10:47 PM
    In





    sertasheep
    09-15 07:25 PM
    We have received only 5 nonfrivolous questions to date in preparation for the next call. This does not meet the critical mass of 20-25 questions for justifying a conference call.

    Please follow process detailed in earlier thread ( http://immigrationvoice.org/forum/showthread.php?t=1267 ) for us to consider your questions.





    paskal
    12-19 03:38 AM
    absolutely
    i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
    I will probably set up a time and let you know, we will see how many people show up then.

    btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,

    thanks much!



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