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Thursday, June 9, 2011

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Defying Gravity

freddyCR

January 13th, 2005, 02:31 PM

Just a red "X"

Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.

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TeddyKoochu

09-25 11:34 AM

I won't be surprised if they pull a quick July 07 or something on those lines to collect more money for filing and renewal of EAD/ AP

I hope this happens, looks like in the current atmosphere there is a high likelihood of it happening as well. It will be a great step forward for people who missed Jul 07, it will be an opportunity for us to have EAD / AP and have a peep at the next step!

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Canadian_Dream

11-30 02:18 PM

Can you put the exact working of the status ?

Is it one of the following ?

Current Status: Notice mailed welcoming the new permanent resident.

or

Current Status: Document mailed to applicant.

or

something else.

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usdreams

05-28 11:05 PM

Hi kzinzuwadia,

My infopass went well, in fact, it was good that I took it, the IO told me that due to some error on their part, my file is no longer with them, it was sent back to the main office, she requested my file back from the other office & they will process once it comes back, which takes approx. 2-3 weeks.

Due to that we didn't get my Wife's GC in the court, the IJ told us that since the primary don't have GC, she can't get it. Now we will have to wait another 5 months for her GC.

Does anyone know if the court date can be moved forward if I get my GC ?

Thank you kzinzuwadia.

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dan19

09-11 04:13 PM

Call your lawyer and get your ETA number. The 45 day letter has your ETA number.
Tell him that you would like that number to track your case using the new BEC online case status search.

Normally he should give you that number, since it is nothing harmful for him and your company.

Hi All,

I received word from my company that my 45 day letter had come in .. this is March 2005. Its more than a year and now they just seem to keep quite. If I persist they say the lawyer has not come up with anything yet.

I tried calling the lawyer but they say that nothing has come up either.

Now with all the talk about September 2007 the finish date for the BEC where do we stand. My lawyer is quiet, my employer is quite and my 6 years are getting close to complete in January 2007.

How are you guyz coping ? I am tired of waiting .. haven't gone past the first stage.

Hoping for the best.

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GKBest

10-24 04:45 PM

It said in the online instructions to call them if you didn't receive the cards within 30 days.

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eb3_nepa

10-26 03:53 PM

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Sathyaraj ur talking abt selecting a different top 20 almost on each request. Unless you have a decently powerful system, this can be pretty taxing on the DB. Now this also depends on which column ur sorting on.

Now if i go any further ppl might complain that i am not talking in English anymore.

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GotFreedom?

03-12 09:43 PM

Congratulations to you and your family. Enjoy!!

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Better_Days

12-01 12:55 PM

Guys,

I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

Guys please share your experience with me since its important for me to get I-140 approve for future growth.

Thanks

To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.

While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.

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Escape_Velocity

09-23 07:57 PM

You can join the new employer either on H1 or EAD, though keep in mind both these options are mutually exclusive...

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ak27

02-12 06:51 PM

I asked this question to my attorney last week and she told me that there is no rule such as H4 premium processing. However, when both are filed together, it H1 and H4 get processed in premium processing

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Macaca

12-07 09:50 AM

Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.

I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

You should check to make sure.

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dummgelauft

05-07 12:11 PM

To all of you who get the adrenalin rush on seeing a LUD...

When you dust a bookcase, you may take the books out, dust them one by one and then put them back in to the bookcase. That does not mean that you READ all or any of the books.

Do you get my drift...
Stop getting excited and opening new threads on LUDS. These mean diddly squat.
None of this means anything, so long as YOU YOURSELF are not holding the ACTUAL GREEN CARD, with YOUR NAME and YOUR PICTURE on it, in YOUR OWN hands.

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vkannan

03-12 11:25 PM

Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)

CONGRATULATIONS on your GREEN! Tried to make you green , by adding to your reputation......;) but I guess with so many reds.....still you will not make it into GREEN....

but hey, you got the GREEN Which really matters......Enjoy

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garfield

10-07 03:38 PM

Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?

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nozerd

01-17 09:35 AM

Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.

You will need one anyway when you do file I 485 or CP so might as well keep it ready now.

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Defying Gravity; For Good

GCOP

08-22 01:21 PM

EAD Renewal RD: 6/24/08 at TSC

Still Waiting for EAD Renewal Approval

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legal_la

06-25 03:39 PM

Guys,

here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

Any Suggestions or gyan on this !!!

-shree

I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.

May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.

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eldrick

08-16 01:53 PM

Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.

But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.

Because of this complaint, Company sent a letter of apology for wrong information.

My question is , do we really need to pay for this + separate legal fee?

Sorry my details are incomplete in my first post.

Please help. Thanks

Better_Days

11-20 07:00 PM

Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.

The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

Any comment on any of the above questions will be highly appreciated.

Thanks for you time.

tikka

08-10 04:07 PM

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