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  • rkg000
    05-13 09:10 PM
    This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.

    When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.

    Usually there could be about a month's delay between your GCs.





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  • puzon23
    02-12 02:05 PM
    Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.





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  • willgetgc2005
    04-13 05:34 PM
    Is a BE from India considered an advanced degree. What is the definition of an advanced degree ? GURUS please respond.


    Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.





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  • vin13
    10-09 05:06 PM
    The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.

    If they apply quarterly spill over, we should see some movement in December. Lets wait and see......



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  • wandmaker
    07-19 08:50 PM
    Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!

    Fiscal year 07, starts for USCIS from Oct 1st 2006 - Add 264 USCIS working days - it should match to Sep 4th





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  • ttdam
    11-05 06:03 PM
    FP recd - 11/05

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    FP - Recd 11/05



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  • sabbygirl99
    07-07 08:57 AM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???





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  • logiclife
    12-20 11:38 AM
    did you get a letter from USCIS to your new address that they have received your address change request?

    i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).

    also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.

    Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?



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  • immique
    03-30 12:27 AM
    please update us on when you get your visa and please post your entire experience as it would help others. you should have applied for AP while you are in US. Now that you are outside and do not have AP, the only options I see are you just wait on the visa from US consulate in Canada or alternatively, you can request your passport back telling them that you would like to apply for visa in India as you cannot stay in Canada for an extended period of time.





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  • CADude
    07-31 10:03 PM
    No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)

    Dear All,
    Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.

    He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

    He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

    What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.



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  • rockstart
    04-16 01:52 PM
    You can appeal the decision and other stuff to get temporary repreive. But its your decision. Say if your GC gets denied for criminal past or for failing one of the rules set up then whether you are on AOS or H1-B it is pretty much end of story for you. The only advantage you have being in H1 is you get time to wrap up your stuff in US leasurely till your H1 is valid because I am sure by the time your GC is denied you will also have exhausted your 6 years on H1 and so your next H1 extension will also get denied. There is nothing you can do in case of criminal past to negate it. If AOS is denied for 140 related issues yes there is a second chance. But the decision is entirely yours





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  • bomber
    07-25 12:16 PM
    I got an approval email from CRIS last week on my I-140.

    Today I received an email saying the notice that USCIS sent was returned as undeliverable.
    Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?

    Thanks



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  • masti_Gai
    01-05 03:58 PM
    that might stop ppl from visiting the site and contributing their views in regards to the various immigration issues





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  • rbalaji5
    10-30 03:02 PM
    We got the same problem for my wife. There is a 'n' missing in her last name (our mistake)- I called the USCIS, they said we need to send the I-765 application again with the wrong EAD card. If it is your mistake we need to pay the application fees again. If it USCIS mistake (like typo), then there is no need to pay the fees.
    Since my wife is not going to work / or use EAD till next year, I am planning to submit her application while renewing the EAD. Moreover, I went to SSN office with this wrong EAD, They identified the spelling mistake in the last name, they accepted the SSN application and going to verify with USCIS before issuing SSN. Since all other records in the USCIS has the correct name, We hope this should be ok.



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  • vin13
    03-09 11:41 AM
    Yeah I think it makes sense to fill I9 form because that way you make it clear that your intent moving forward is to be on AOS rather than H1. In case you dont do it then you are on dual status with H1 being primary status so in that case it is open to wide interpretation of CIS officers to classify it as out of status or in status.

    Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?





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  • missourian
    06-25 11:11 AM
    My case my company pays $325 for both(me and spouse)

    $70 * 2 (Finger Print)
    $170* 2
    $180 * 2

    I have take care of it, plus I have already spent around $700 for medical, there is no lawer fees though



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  • gcboy442
    08-26 09:35 AM
    clockwork :

    Mine is the same case....Did you have LUD on your I-485. Mine was received by J.Barrett on July 2nd and has an LUD on 8/5. Not received the RN yet.





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  • Marphad
    02-12 10:51 AM
    I support this fully. Where is all time Gandhigiri supporter "ItIsNotFunny"?





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  • cygent
    07-02 03:00 PM
    Guys,

    I want to sue them for 3 things -

    1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
    2) Approving 2008 cases before 2007, ie., no FIFO
    3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

    Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!





    fatjoe
    08-25 07:49 PM
    How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
    Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.

    PD - July 2004-EB2
    I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
    Attended interview at the local uscis on June 25th, 2009
    Spouse alone second FP on July 5th , 2009
    I





    amoljak
    03-22 11:13 AM
    I think he was talking about s1932... the immigration related provisions were removed from that in the conference. You need inform them that they should at least get behind the Frist bill or Spector bill and request them to support removing the hard limits on the country quotas.

    Some talking points may be:
    Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
    Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
    Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.