Wednesday, June 8, 2011

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  • stirfries
    03-21 06:16 PM
    Hi Stirfries

    I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!

    Thanks for your response, there might be light at the end of the tunnel..!!!

    I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !

    In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...


    Dear XXXXX -

    1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.

    Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.

    Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)

    Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!

    Good Luck !!!





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  • Can2004
    08-03 10:19 AM
    How often is finger printing required/asked for during the 485 process.
    Thanks





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  • tinuverma
    11-09 10:18 PM
    NKAVJS, thanks for the response.
    I know what to do now





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  • imneedy
    03-24 04:00 PM
    Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category.

    Can you ask her to do inter-filing for I-485? I thought lawyer just need to send a letter to link new I-140 to your existing I-485 application.



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  • kishore0302
    08-06 04:53 PM
    DDash ,

    Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.

    you will see your wife's check clearence today or tomorrow.


    any way, Congrats...





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  • GC4US
    11-02 02:10 AM
    Got Ead on Nov. 1st, please see my signature.



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  • sanan
    06-04 09:11 PM
    What is your PD and category?
    I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?

    Thank you.

    delhis





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  • chanduv23
    08-14 04:06 PM
    with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(

    Paskal is busy with schizophrenic members and members with obsessive compulsive disorder and with members who see hallucinations of reciept notices :D:D:D

    Those who sign fedex in USCIS never thought their names willbe discussed on the internet



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  • saratswain
    09-15 03:53 AM
    My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.

    In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.

    Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.

    I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.

    Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.

    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.

    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)





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  • gsc999
    01-20 12:05 PM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
    --
    The core group is working on that. Latest update is that we need funds to lobby for this effort and IV has sent out messages asking for member contributions. Let us know if you have already signed-up if not please do so.



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  • GCFISH
    08-31 11:31 AM
    taking it back....don't want to debate, assuming you all know the fact.





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  • talash
    10-16 08:30 PM
    I had also gone to local centre with info pass to buy some more time to reply MTR coz i didnt have enough evidence to prove A2P .they told me file within 30 days with what ever i have as tell them that u got notice on 28th day n buy more time .But advice was to file within 30 days .



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  • pal351
    05-05 04:39 PM
    :)They might Pal.

    Wow that would be nice.





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  • cygent
    12-31 05:25 PM
    My Friends,

    I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

    I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

    It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

    I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
    {PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}

    And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.



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  • txh1b
    09-14 12:16 PM
    Case 2:

    I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
    But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.

    1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
    2. EAD/AP based on filing of case 2 is invalid.
    3. Depends on what you are working on? H1b? EAD?





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  • djsnug
    06-10 09:28 PM
    I think I'll secretly keep Phat7's image as wallpaper on my computer. The woman in there is absolutely beautiful! :D



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  • ken
    04-09 12:40 PM
    When I filed my AOS application I was in CA and still I am working in CA, I never worked / lived in MIAMI,FL.

    If they have to transfer my case they would have transfered to some CA local office not to MIAMI,FL local office..





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  • gc_peshwa
    02-11 03:35 PM
    Are you are talking about the silicon valley Santa clara firm Chug Law firm? I have dealt with them in the past and they were very knowledgeable and thorough professionals. Deal with confidence!





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  • mbartosik
    03-12 04:08 PM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.





    busy
    03-08 09:49 PM
    By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.





    sj2273
    05-18 01:33 PM
    Try Rajaguru Nalliah in Michigan. I hope that helps.



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