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  • krucie
    03-17 01:41 PM
    My thought was the same as yours in that by attaching my 485 receipt notice, and 140 approval notice when my spouse files for his 140/485, we can just inform USCIS at that time to connect our 485 applications. Based on that, once my spouse gets his green card, I would get mine as well.

    I wasn't sure how it would work out if we waited for his 140 approval to come before we informed USCIS. Since he is from a non-retrogressed country, I was thinking that the safest approach would be to inform them sooner than later. You mentioned that I could file as a derivative once his 140 was approved. But the idea is not to file another 485 application for me. In my opinion that would confuse things further.

    What steps are you taking in your case? I'm assuming that you and your spouse each have only one 485 application, each being independent of the other?





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  • thomachan72
    11-29 08:44 AM
    This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help??
    Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??





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  • waitin_toolong
    06-16 11:55 AM
    Unless you need to travel immediately, I551 stamp is not important. I am assuming she only declined to stamp the I-551 but the GC was approved.

    These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.

    Congratulations and get the passport renewed, you would need the current passport for travel anyways.





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  • techskill
    09-24 12:33 PM
    People might also get the Last Due Date for rfe cases.



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  • mrane1
    10-26 03:39 AM
    ???like a week before?

    My wifes date was sept 13, mine was 15th... I never received the original copy of FP.. Howevr my lawyer received it and she send a me copy. She told me the copy should be fine... when I went there on the 13th the security guy wouldnt allow me saying my date was sept 15th and that I didnt have original copy :rolleyes: I said my lawyer told me that a copy should be ok. He said your lawyer is not incharge of doing FP. :mad: I said I want to talk to an officer... There was an officer who was watching this... he told the guard to let me in... After that it was all smooth sailling... was done with my FP in about 15 mins... Received approval notice on 16th (Yes 3 days!!!) Had my gc on 18th!:D My wife who is the secondary got 2 LUDs on her 485 but no approval... I guess she is stuck in the name check... what is strange is that most ppl who have their approvals have their EADs and APs rejected! In my case however they send both last week... over a month after 485 approval :rolleyes:





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  • pcs
    07-19 02:48 PM
    Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.

    I can give you the format on email.



    Please contribute to IV instead



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  • greencard2008
    06-11 09:14 PM
    I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:





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  • willIWill
    06-16 12:54 PM
    Vinzak, You have to take into consideration the recaptured visas of the 90's applied in the period 00-06. If I remember correctly the earlier recapture was signed in 2000 by Pres. Clinton . If we exclude those recaptured numbers the actuals are much lesser. Hope this helps.



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  • sdudeja
    01-31 04:42 PM
    I am just waiting and watching what comes next. My only thing is if it was for the FP notice, it was mailed about 20 days before the date when it says 'document mailed' for the final stage. You are right for no one knows what they are going to do with your case. Lets seeeeeee.:rolleyes:





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  • Jerrome
    10-19 10:53 AM
    I am just waiting for the processing date of NSC to move one day further for 140 processing(Mine is Feb7 submitted). The moment in moves by a day i will call and let you guys know the outcome.

    Thanks a lot for your advice.



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  • jsb
    11-05 04:02 PM
    Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again

    Yes. Note answer to Q 2. In case there is an RFE to sponsor of I-140, and there is no proper response, I-140 is denied, resulting in denial of I-485 too. I-140 has to be approved or approvable.

    Once mega data entry is done, there will be a lull on new filings for quite sometime, giving USCIS time to look at the cases. I don't know what is current I-140 processing time, but it is better to have it out of the way before you think of moving on.





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  • namm80
    10-02 12:20 AM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

    This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.

    I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.



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  • LostInGCProcess
    06-12 06:02 PM
    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    Note:
    "Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.

    GCCovet


    They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."

    Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.

    And its signed by both parties of NEW and OLD company.

    Is this letter sufficient for me to hang on to?
    Should I ask for EVL too?

    I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.





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  • ArkBird
    06-24 12:27 AM
    Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.



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  • glores1970
    09-23 12:06 PM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.

    write the following on the envlope using marker
    DO NOT OPEN IN THE MAIL ROOM

    and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current

    Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.





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  • Berkeleybee
    02-09 07:36 PM
    All,

    I posted this text at some Immigration Portal threads today to address concerns that IV is only focused on retrogression. Please feel free to edit and post at other forums or other threads on Immig Portal.

    I. IV MEMBERS AT EVERY STAGE
    � We have members at each stage of the process: labor certification backlog, retrogression backlog, USCIS backlog. Some of our most active members have not got their labor certification.
    � Members who are further along have not forgotten the length of delay and pain of the previous step. We are ALL really in the same boat.

    II. WE EMPHASIZE THE EFFECT OF CUMULATIVE DELAYS
    � The most devastating problem for EB green card applicants is the cumulative effect of delays at each stage. Each delay in isolation may even be bearable (only in theory) but when you pile one on top of the other it is unconscionable. We emphasize this in our new presentation (out shortly).
    � When we meet with lawmakers or talk with other organizations in the coalition we give personal examples and it is this fact of delay piling on top of delay that most of them are shocked by.

    III. DOL-BEC & USCIS BACKLOGS ARE ALREADY SUBJECT TO CONGRESSIONAL & PRESIDENTIAL MANDATES
    � DOL-BECs were created as a result of considerable protest and intervention by Congress.
    � USCIS Backlog Processing is also subject to Presidential mandate � for 6 months processing by September 2006. Congressional hearing transcripts show that members of Congress are well aware of these issues, even the problems with repeat fingerprinting etc.
    � So both DOL-BEC and USCIS Backlog Processing are at the stage of implementing bureaucratic changes, implementing Congressional and Presidential mandates.
    � We *are* pressing for transparency and better implementation at both these stages, as well as for 3 year extensions of H-1Bs, EADs and Advance Paroles for those who are stuck in the Green Card process instead of the current one year.

    IV. RETROGRESSION HAS BEEN TOTALLY IGNORED BY CONGRESS & THE PRESIDENT
    � In contrast to DOL-BEC and USCIS Backlog Processing, Congress has never addressed the issue of Retrogression.
    � So the Retrogression problem is a systemic, policy problem.
    � It will affect all of us eventually, no matter what stage we are at. And it is only going to get worse, and the delay at this stage is the longest of all. Even if cutoff dates move forward, there is nothing to stop them from moving back again once USCIS starts processing visas faster (see posts on how visa cutoff dates are determined).
    � It took a tremendous amount of effort to get Congressional and Presidential mandates to do something about DOL and USCIS backlogs and it will take a tremendous amount of effort to get Congressional action on Retrogression.

    In summary, we urge you to get involved with Immigration Voice (http://www.immigrationvoice.org) no matter at what stage of the green card process you are. We are all in the same boat. Immigration Voice is getting your issues heard wherever it goes. We are totally committed to getting the job done - this is not a half-hearted group of people. Look at what we have done in just 40 days.

    With Comprehensive Immigration on the anvil and with PACE bringing the issue of American Competitiveness and the need for skilled and qualified immigrants, there can be no better time to highlight our problems. Legislative changes are necessary for us and the only way that can happen is if you get involved.

    RECENT IMMIGRATION VOICE ACTIVITIES:
    � Signing with Quinn Gillespie & Associates (http://www.quinngillespie.com/) who will work with us to (a) get corporate sponsorship
    (b) get access to key policymakers
    (c) craft an effective legislative strategy
    (d) design a media strategy

    � Meeting Lawmakers
    � Coordinating with other groups like Compete America
    � Getting the word out in the community
    � Setting up of the organizational and resource infrastructure including the website and forums for discussion
    � A tremendous amount of behind the scenes efforts to improve the quality of our materials and message.


    Visit our website at www.immigrationvoice.org and get involved!



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  • binadh
    07-05 10:20 AM
    Hey Gurus,

    What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.

    What do you guys think about that? Thanks.





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  • singhsa3
    11-26 01:05 PM
    It is enforceable as it is "I owe you". Smart and cunning guy.
    the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.

    Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.





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  • gc28262
    12-16 12:02 PM
    I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

    1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
    3. Will they ask for payroll or W2 for 2009?
    2. Will they ask me any sort of documents - other than I797?

    Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

    Thanks in advance.

    You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.

    Your H1B is still valid.

    I guess that answers part of your question.





    kondur_007
    10-20 09:53 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    There are two issues you must consider (at minimum):

    1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.

    2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.

    Good Luck.





    SunilKoganti
    01-23 03:08 PM
    Thanks IV core group for your efforts, time and energy you spend to fight for our cause.