Friday, July 15, 2011

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  • looivy
    04-20 02:13 AM
    I also sent my letter to WH today.
    Good job MMJ.





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  • wonderlust
    09-27 04:28 PM
    Early Sept. I finally got July 2nd filing receipt. I realized that my packet has traveled all the way to CA and then back again at NSC!! then last weekend Sept 15, I got an email notice that my case is back at NSC AFTER I have received a hard copy notice about the transfer...

    It's a confusing process and I don't know which center is faster...

    Wonderlust

    Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.





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  • qualified_trash
    12-13 06:56 AM
    Reading the bulletin thread and prediction thread is good enough to prepare for GMAT problem solving area. I love these analysis and conclusions.

    I only submitted my opinion based on facts (quarterly release of visa nos. by DOS is well known fact)......... :-))

    but you are right and I am starting GMAT prep.





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  • eb3_nepa
    11-08 04:26 PM
    EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days

    AP is sent to the lawyer if you filed the G328



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  • tabletpc
    08-08 09:45 AM
    Guys,

    I am also in somewhat same situation. So thought of sharing it in this thread.
    I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.

    But this question often hunts me...

    1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??

    2. HOw long does it take to notify USICS to withdraw my 485...??

    Thanks in advance..





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  • KanME
    07-19 04:24 PM
    I have been in this country for almost 10 years and I have never felt more stressed about these status issues than I did today. I even stopped working from this afternoon reading forums for similar cases, finding info here and there etc. :(

    This is confusing..I have a similar situation(not paid for 2 weeks)..

    When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??

    What does your lawyer say?



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  • PD_Dec2002
    06-19 03:04 PM
    You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....

    desi3933 and WillIBLucky:

    My lawyer as well as my wife's lawyer confirmed that an employment letter is not required if using pay stubs. Several posters on this forum have gotten the same information from their lawyers. Anyway, let's not get into a debate on who's correct or incorrect.

    It's a different thing to have the employment letter to make the case stronger (probably), but you will definitely not get a RFE for using the pay stubs. And in "sats123"'s case, this is a less expensive and reliable option.

    Of course, one could argue it's worth paying $5000 if it ensures a smooth adjucation, but then that would depend on the financial situation of the applicant. I cannot comment on that for "sats123".

    Having written all this, please check with your own lawyers and do what they advise.

    Thanks,
    Jayant





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  • ashkam
    03-26 02:06 PM
    I don't see what's wrong with this requirement. It's always been a requirement in PA. If someone can't produce an employment letter, it's probably because he is on the bench or unemployed and that makes him out of status. If you are out of status, you are ineligible for a driver's license.



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  • EdGMan
    04-13 04:49 PM
    Hi everyone,

    Have a lot of patience my wife and I have been patiently waiting for this and now it's finally here.

    We've been here in different situations below....

    Myself
    1997 - H1B
    2000 - LC filing
    2001 - LC cancelled by company because of 911. If company responded to RFE, Labor could have been certified.
    2006 - Laid off while on 9th yr of H1
    2007 - Back on H1 transfer

    Spouse
    1998 - H1B
    2001 - Filed LC because my company cancelled LC
    2003(Mar) - PD
    2005(Sep) - LC approved
    2005(Dec) - I-140 approved
    2007(Apr) - Can file AOS/EAD now

    The secret.....

    PRAY, PRAY, PRAY. Nothing beats it.

    To those who don't know, it took Noah 120 yrs. of faith and hope to built his arc when he was asked to, by Our Heavenly Father.

    Regards and CONRATULATIONS to all who can file AOS and EAD now.

    More power to IV team.





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  • genius
    04-14 06:47 PM
    Desi consultants should be heavily fined or shut down if they get caught in filing multiple petitions. Why doesn't USCIS take reasonable steps to avoid these kinds of fraud. i hate it when desi consultants hire people from business background and file a H1B for them as a DBA's or programmer analysts or QA's....!!!



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  • anilsal
    11-18 04:28 PM
    have bought houses on temporary visas. Of course, if the cost of the house is very high and the mortgage is high (as in California), then it is risky.

    If not, go for it, if you find a good house.





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  • apahilaj
    11-29 11:26 AM
    Guys,

    Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?

    Thanks and good luck.



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  • thamizhan
    07-19 09:54 AM
    This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.

    I bet any RFE can be articulated with reason by attorney if they are smart enough.

    This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.





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  • kaisersose
    05-13 05:14 PM
    I am the primary applicant. I am planning to get married in next 1 year or so with a girl from India. If I get my GC then she will fall under family based which will take years for her to come here. I do not mind moving back if that happens.
    Since I have valid H1 can I do something,

    There is no reason for you to pull out your 485. Get your divorce expedited and get married quickly and you should be OK as EB3 India is not really moving forward unless there is a visa recapture or something like that.

    Your spouse will of course lose her 485 and will have to start afresh. But I assume she already knows this and is OK with that.



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  • nitinms
    06-27 04:57 PM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??

    Yes, everyone will wait and file on July 1st.





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  • lazycis
    12-18 10:49 AM
    All you need to send is a letter saying that you invoked AC 21; also attach supporting documents, i.e. employment offer from your new employer describing job title, duties and salary and stating that employer intends to hire you permanently after you receive GC; documentation showing that your I-485 has been pending 180 days or more before you've changed jobs.



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  • drsnh123
    06-19 10:50 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote





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  • hydboy77
    06-02 06:30 PM
    what the heck happenned. The text has completely changed since I voted. When I voted it clearly stated the unused visas would be recaptured for family based and employment based immigrants. now it only says for family based immigrants. Have we (employment based) been shafted, is visa recapture for us Eb immigrants or not?





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  • rajurajesh
    11-19 02:16 PM
    I filed I-140/1-485 concurrently July 4th. Got my EAD and AP. I-140/1-485 still pending. Is it true that you get FP notice only when your I-140 is approved?





    morchu
    07-20 01:22 AM
    Well.... I think I have to say... it is a choice you made, and nothing to do with a USCIS cruelty. I know guys who decided to file for 485, when his wife was in India (there by taking a chance on their personal life like spindoctor), and I know guys who decided not to file the 485 and was willing to wait for immigration rather than taking any chance on their personal life. It clearly is a choice between your chances on immigration (and maybe sometimes professional life + some monitory gain) vs chances on personal life. So dont blame ANYBODY for it, you knew beforehand, that you were taking chances on personal life. You chose to save some money (H1costs etc) and take chance of filing 485 just for yourself and thus advance probably in your professional life. And I have to say this, if you were really a "love bird" you will sometimes has to sacrifice something yourself for your partner.

    Coming to the point.

    Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.

    Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.

    Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).

    Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.

    It is all upto you still, the choices.
    We all make some choices like this at some point in life.

    -Morchu

    Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.





    paskal
    07-13 11:17 PM
    please check your pm
    thanks!



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