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  • GotGC??
    05-15 11:50 AM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?





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  • slowwin
    04-25 11:30 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex

    Rex,

    1) It is better to send in an AC21 letter, when in doubt i.e, in case your employer revokes I-140., even though you have crossed 180 days threshold after filing for I-485/AOS.

    2) Retain your own lawyer and change G-28 to him/her. For changing G-28 to self is done by sending in a letter to USCIS saying that you are withdrawing the representation rights (for you) of the the previous lawyer.

    3) First Change address. Use AR-11 form. send it to the address shown on that form. secondly, Call the number on your I-485 and other receipts to update your new address.

    The proper sequence to follow is 3, 2, 1.

    Thanks,

    ----------------------------
    DISCLAIMER: Not a legal advise. This is my personal opinion. Consult an attorney to proceed.





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  • nirdlalegcade
    02-26 12:37 PM
    what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?





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  • Maverick5
    08-26 05:20 PM
    Thanks for your reply. As I am applying for LC with Software Engineer, and my Masters is in Mech Engg, I have asked my employer to put "Computer Science, Engineering (Any), Math or Related" in the majors required for the position.

    I am hoping that Engineering (Any) would cover for Mech Engg.



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  • burnt
    12-12 01:53 PM
    Friends - Do they ask for I-485 receipts at the port of entry while returning on AP?





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  • BharatPremi
    09-24 11:35 AM
    Man why you need reciepts?

    First of all those receipts are Applicant's (Employee's) property so I believe, if something is my property I MUST have it with me... Period. Now one thoughful reason is that, during the whole damn process, if you are not satisfied with the action taken by your lawyer and you want to change your attorney then having receipts with you would make your life easy then. Actually my attorney is really good and I do not see this coming but hey, if you have your originals with you it is better. Another reason is that suppose say in future, if you have to plan for Emergency travel outside, you would not have to plan waiting for receipts coming from your attorney then.



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  • thomachan72
    03-30 10:08 AM
    talk with the senator or other political people. with elections fast approaching they might be willing to help out. :D:D:D





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  • jackisback
    05-27 03:04 PM
    I had e-filed for me and my wife on 05/14.
    App went to NSC. Sent docs on 05/19 - delivered on 05/21
    Soft LUD on 05/17, 05/18 and on 05/24
    Got receipts on 05/21

    Yesterday (05/25) got ASC notice for FP for my wife.. did not know that FP is needed for EAD.
    I thought last time we got FP notice.. it said app type as I-485.. that time.. in July fiasco.. we had applied for 485/EAD/AP all together

    Have not got my FP notice yet

    I have a Que - my daughter is 7 and initially the attorney had applied for EAD for her too... but then after the first time (2007) I did not apply for her EAD.. I thought no point in wasting $340 every time..

    Now since FP notices are coming for my wife and hopefully for me - how about FP notice for my daughter? Do I need to apply for EAD for her.. to get FP notice?
    If I don't get FP notice for her - will her Case be ok?



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  • bluez25
    07-15 04:00 PM
    And My details are below.

    Category EB2
    LC PD: FEB-2006
    LC AD: Mar-2006
    I-140 FD: 23-May-2006
    I-140 RD/ND: 25-May-2006
    I-140 LUD: 29-July-2006
    I-140 RFE : 15 November 2006
    I-140 Responded: 14 December 2006
    I-140 AD: 11 Jan 2007
    DS 230 Received in April 2007
    DS 230 Submitted to NVC in May 2007
    NVC forwarded the case to Chennai on June 5th 2007

    Chennai Consulate appointment : August 11th 2008





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  • kminkeller
    03-09 01:00 PM
    Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.

    I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.

    Now I need to know what are the things that I can do.
    1. Do I need to file PERM, I140 again on EB2?
    2. Do I need to file for H1 again and complete the entire process?
    3. What is and how to do EB3 to EB2 porting? is that all I need to do?

    Please give me some advice. Thanks in advance.

    KM



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  • lkapildev
    04-15 03:12 PM
    Nothing will affect you. You are at the beinging stage of your GC. Donot get tensed or panic .. all will be smooth. I donot think there is any way to to inform DOL. Contact your attroney for any clarification.





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  • aamchimumbai
    12-08 12:16 PM
    Vik352,

    I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?

    In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.

    But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.

    Anyone in similar situation?

    Thanks.




    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

    Thanks!



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  • Desi Unlucky
    09-20 08:21 PM
    Can you please post the URL (Specific URL not the home page of immigration-law) where this was discussed.


    This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.

    YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.





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  • chapper
    11-11 01:26 AM
    Please add more data if you find.....

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  • javadeveloper
    09-23 10:07 PM
    My company giving copies only!!!They said they'll send me originals if I need them!!!





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  • helmet
    01-15 08:37 PM
    I think they will send the results with in a week time. you have to mail them the original results certificate with in 120days.



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  • alterego
    03-24 07:53 PM
    Well done Mark, I think you presented our case very well.
    There are a lot of stereotypes and misunderstandings of the facts around this issue.
    It makes me realise just what a disservice those like Lou Dobbs and his ilk do to both the debate over this issue as well at to the future of this country that those like us can only benefit.
    Ron Hira though he is wrong on his position can atleast acknowledge the need for more green cards. The extreme right is just fundamentally messed up in their head, and would gladly go back to becoming Hamish in the city!





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  • freedom_fighter
    06-24 09:44 PM
    what is ur priority date, EB2/EB3 and how much time for u to reply the RFE?





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  • shreekhand
    08-12 05:54 PM
    OP,

    Your PD has been current for only 12 days, it is in no way overdue. I would seriously continue to find more info and scale up efforts only after a couple of months. The real test of patience begins after the PD has become current.

    That said, I have seen others get the reply you got before and then gotten approved in a few weeks





    kirupa
    01-06 12:57 PM
    "Conflict of Interest" is my middle name...s.

    :P





    GCwaitforever
    08-15 11:39 AM
    08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?

    * We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.

    This should be a solution to the problem. Submit the approved EB-3 I-140 petition with EB-2 I-140 petition.

    "The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition."



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