Wednesday, June 15, 2011

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  • vpgreencard
    07-30 09:46 PM
    The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.





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  • laksmi
    01-07 04:02 PM
    http://immigrationvoice.org/forum/showthread.php?t=14154





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  • martinvisalaw
    06-29 10:32 AM
    You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94.





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  • Better_Days
    10-14 07:30 PM
    Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.

    I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

    I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

    I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

    The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".



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  • guchi472000
    03-18 05:06 PM
    How she can apply for EAD...? My PD are Jan 2006 EB2. How can i get her EAD card.

    Please suggest me....
    If you have some knowledge can u pls share plus if you suggest me any website from where i can take help that will be grateful.





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  • misha
    07-21 02:18 PM
    Misha,

    Even I did not receive my AP ,which I applied last year july 2007.
    Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.

    she made us wait for almost 2 1/2 hours.
    Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.

    She gave our AP for me and my wife right away.

    So I advice you to take Info pass and check.Ap what I received was in paper.

    Thanks for the advice. I have my infopass appointment on July 23 2008. We will see.



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  • jr8rdt
    11-21 03:04 PM
    I have included the experience letter to my I-140 but the USCIS doesn't like the content of it hence the RFE. How can I overcome this? I got the letter when I left the company 10 years ago . I came to the US after that. the letter was very broad not specific duties. it was signed using letter head by my manager. I thought it was OK. but apparently not.

    Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?

    do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?

    anybody has a sample letter for RFE experience letter?


    THanks....
    I need help.....





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  • sravani
    05-22 04:57 PM
    New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.

    If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..

    Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....

    So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...

    Sree

    What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.

    They also banned the labor substitution premium processing over night without any notice. :rolleyes:

    Now with this new bill drama we can't predict anything.



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  • tikka
    08-10 04:07 PM
    Get some inspiration

    qtW8h5vLfn4

    and make it to the meeting and rally :)

    see you there..





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  • karthik204
    06-20 04:09 PM
    It is suggested not to travel. But if there is a emergency and you need to travel, talk to your attorney. Even if you get an answer here from someone, do you really want to agree that it would be accurate?

    If I were you, I would not worry about it right now unless there is an emergency situation.



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  • Mohit_Malkani
    10-08 11:13 AM
    Sorry to hear about your situation.

    Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.

    I have also pasted it here in case you dont get to the website

    All the best.

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication

    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.





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  • InTheMoment
    08-04 01:34 PM
    Please refer to this detailed experience on SS update after GC:

    http://immigrationvoice.org/forum/showthread.php?t=20610

    Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)



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  • andy garcia
    03-17 08:18 AM
    My I-485 Receipt Notice does not have any PD on it either.

    ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.





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  • fromnaija
    03-18 04:17 PM
    So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier.

    Not true. Applying for and getting EAD and SSN does not invalidate H4; using the EAD to work does.



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  • nixstor
    02-23 02:33 PM
    What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?

    Shirish,

    I guess you are in VA. My wife is in School at Mason. She is on H-4 as well. Send me an email or call me if you need more info regarding this. I can give you more info if this is with regards to Mason.





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  • ameerka_dream
    04-15 10:26 AM
    ^^^^^^^^^^bump^^^^^^^^^^



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  • cbpds
    04-07 02:18 PM
    Hope the may bulletin is published by tommorow as Obama has threatened to veto any stop gap bill

    Obama vows to veto short-term bill - Washington Times (http://www.washingtontimes.com/news/2011/apr/7/senate-leader-reid-government-headed-shutdown/)





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  • tnite
    09-26 04:05 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    See my signature for NSC timeline for my I485





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  • sac-r-ten
    04-01 09:10 AM
    Already got it....last September. Thanks for asking.


    Congrats to GreenGuru. and thanks for sharing all the information.

    IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.

    cheers/





    desi3933
    08-26 12:33 PM
    Hey all,
    .........
    .........
    .........

    They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.

    Job done.

    Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.



    Congrats!
    What is your PD?





    immi2006
    05-24 10:17 AM
    Does not matter how many points, can u be one of the 6300 ?

    The points are not defined well, so do not speculate, it is not abt getting into Wharton / or yale, it takes years to implement a working system, look at Perm, they started in 2001, it took 4 years to implement.



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