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  • joeshmoe
    09-04 11:22 AM
    Fellows in pain ...

    It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Card production ordered.

    I am still at awe and can't believe ... probably will never do until I get the physical card.

    For those interested:
    EB3 ROW - Dec 2004 (first application was April 2001)
    I filed 765 and 485 in June of this year





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  • chanduv23
    04-21 04:27 PM
    Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
    According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.

    Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.

    Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.

    But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".

    Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.

    So what is the status when one files MTR? It is not defined.

    Thats exactly why I said " An Attorney will be able to explain"

    My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.





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  • glus
    04-17 07:37 AM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
    Thanks

    The answer is NO.





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  • abuddyz
    02-01 08:58 AM
    i know one person who had applied for H1 from 2 different employes and both his H1 got approved.. he was coming to US on H1 first time.. he went for visa stamping for one employer and got successfully.. he is in US right now and came before few weeks.. (note that he did have prior H1 and visa stamp but he never came to US on that H1.. he did come to US once but on B1 visa..)



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  • singhsa3
    10-21 06:42 PM
    All,
    I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
    Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
    Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
    I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
    The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
    Is it a right strategy? Please comment.





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  • prem_goel
    09-07 06:49 PM
    the intent of Green card is to hire an immigrant since they did not file any suitable US Citizen. If your company has received a number of resumes and they are suitable for your position, then I don't believe the company and for that matter even you should move forward. I would suggest wait for a while if that's possible, and conduct the PERM process again once the market improves.



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  • sukhyani
    09-04 04:19 PM
    You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...

    What was the Approval date on your I140?





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  • universalgc
    08-10 12:41 PM
    Hello All

    My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
    "The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
    I am confused,will they accept the application,checks are not cashed yet,applied on july18th
    Please Help

    Our company checks address is differant than coporate address. We never had any issue with USCIS regarding the address.
    I think people are getting lot of doubts because USCIS not issuing the receipts promptly. , some of the checks do not have address also.

    Cheer up people think logically and forget about it. Our company attorney charge the amount based on phone calls and emails also. So Dont bother your attorney, it is a simple matter.



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  • ramaonline
    09-26 01:43 PM
    according to the regulations, h time counts towards L visa time and vice versa - It is not very clear in the i129 form





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  • venram
    12-26 12:17 PM
    Hello all,
    not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
    1) non-permanent resident aliens
    OR
    2) non-resident aliens?

    thanks

    I suppose you are living in USA.

    On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

    On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

    To answer your question, you are a non-permanent resident alien.



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  • Gundark
    08-26 11:40 AM
    Thanks guys! It was fun making somebody else's idea, I never would have thought of making a Sonic smiley.

    We need more suggestions!





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  • mnq1979
    01-29 10:54 AM
    Dear All,

    I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.

    In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.

    In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.

    I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."

    Please, please help me in this regards.

    I would really appreciate if any one can help me out in this matter.


    Hi,

    My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.

    Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.

    Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.

    The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.

    However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!



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  • cendra
    04-30 11:15 AM
    EB3-PD Jul 02
    LC Approved Jan 07
    I-140 Pending since March 07





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  • bliss_yyu
    07-20 08:16 AM
    no, i think you are exempt from cap. lucky u!



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  • tnite
    08-03 10:36 PM
    See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.

    So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.


    So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts





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  • god_bless_you
    04-06 12:44 PM
    As far i know you should have a valid H1 status or approved EAD to work and keep your status as valid.

    Once you start working on EAD there may be gaps with next EAD approval.
    Simply you will not claim working during that period but this is possible only after you start working on your first EAD.

    simply if you do not have a valid H1 until you get EAD and claim working on EAD with your Employer by filling W4 forms etc. you will be out of status..

    Please check with a attorney on this!!



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  • gcformeornot
    02-01 09:28 AM
    Friends,

    Need help and suggestion.

    To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:

    I leave in a single bed room ground floor 785 Sq ft.

    I have called the customer service for dispute and investigation.:mad::mad::mad:

    Has any one encountered this kind of problems with electricity department. please enlighten !!!

    :confused::confused::confused:

    gas or electric? If its electric then considering record cold months of Dec and Jan..... .... don't know..... still looks on high side.....





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  • mbartosik
    03-28 11:10 AM
    For nationality/changeability a ROW category is needed.





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  • meridiani.planum
    07-22 12:32 AM
    inline....

    Hi,

    I had applied for H1 for 2008 from two different employers.Both got approved.

    you are one lucky dude. when you get to the US go to las vegas and try you luck there :)

    Now my concern is ,
    1)would there be any problem during the Visa stamping?

    no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.

    2)What should i do to other visa ,which i will be not using?

    ignore it, it does not matter

    3)How should i approach the employer whose employment i will be not accepting?

    wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer

    4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?

    signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:

    - is one a regular company with a job already for you and the other a consultant who still has to place you

    - where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.

    - what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.

    - salary, benefits of each of them.

    all in all, even if you pick teh 'wrong' employer, you can always come here and then change...





    TheCanadian
    01-02 08:24 PM
    Are you saying we can submit past works?





    syedajmal
    01-29 03:27 PM
    Had a friend forward this email. Is this true.

    From: Anne Manetas, Deputy Director, NumbersUSA
    Date: Wednesday 28JAN09 12:15 p.m. EST

    E-Verify Amendments Still In Tact -- Keep Up the Pressure Until Final Vote Today

    DEAR FRIENDS,

    Please keep phoning your own U.S. Representative (even if he/she usually is pro-illegal-immigration). 202-224-3121

    Do NOT make any more calls to the Rule Committee Members (unless they are from your district).

    Things are looking good, but we can't be sure until the final vote occurs. Your hard work is definitely paying off.

    No amendments to strip the E-Verify language out of the stimulus bill were even filed, which is a huge victory for us. However, since things can change on the Hill at any moment, it is critical that you keep calling your own U.S. Representative to tell them you support the E-Verify language in the bill and hope your Rep. will help ensure that it remains in the bill.

    The final vote on the stimulus bill should happen sometime late this afternoon or early this evening.

    To be clear, there is currently no amendment to strip the E-Verify language.

    Please go to your Action Buffet corkboard and click on the phone note. It will provide talking points to make it easier to make the phone call. And it names your Representative and provides alternative phone numbers to call.

    Be sure to keep watching our NumbersUSA home page for updates.

    THANKS,
    ANNE