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  • ArkBird
    10-28 02:05 AM
    If it is EB2, forget about it. EB2 and 3 yr degree is big No No. If it is EB3 (seems unlikely as you filed in 04/2007 and EB3 was not current) consult good lawyer and file MTR.

    HTH



    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.





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  • belmontboy
    10-02 03:30 PM
    But what if the company doesnot have any more requirement when my GC gets approved. Its takes 4-5 years and conditions may change as per time...?

    Any opinion?

    if they don't have any requirement, they are expected to notify USCIS about this by revoking ur I-140





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  • ps57002
    10-17 10:00 PM
    Hi Ps57002 good to see you here.
    I saw you in . I was h12GC in .

    My case also similar:

    PERM Applied - 04/24/2007 - EB3.
    Perm Approved - 08/14/2007.
    I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
    I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
    Received USCIS on 08/17/2007.
    Waiting for Receipts.
    Don't know whether it will be accepted or will get an RFE.
    Hey keep me posted on your status.
    I can be reached at sudhakar226@yahoo.com or 862-754-8326.
    Good Luck.

    UPDATE:
    My checks cashed today, got receipts from back of checks...have 4 different receipt numbers, used it to check on uscis...

    my concerns..
    case was sent to nebraska though should've been texas as employer is in NY, so thought it would be transfered...it wasn't. it shows at nebraska

    4 different receipt numbers show 1 case for 140, 1 case for AP, and 2 cases for 485???? 2????... NO EAD. (my check for 485/ead were one check though in it's memo part i put 485/ead). what should i do? now my ead will be delayed cause i have no case for that.

    they can't reject a case after cashing checks, right???? i mean they can ask for RFE esp for my missing labor hard copy approval, but not reject. why cash in first place then??? right???

    I hope you hear something soon too...keep me updated.





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  • alterego
    12-08 04:13 PM
    It will not have much impact if any president comes in the case of immigration. Anyhow most of them are not going to Veto. It is the congress who plays important role. President can just initiate the process. Bush tried his best to pass some immigration reform but divided congress defeated all the bills. Who is the reason? Not just anti immigrants but also pro immigrant groups. Expectation from pro immigrants was too much and in some cases impractical. Anti immigrants used those and defeated every time. Also anti immigrants used division in various groups like legal vs illegal, high skilled vs low skilled and H1 vs green card. Some unbiased leader need to bring a bill which should work compromise at the same time that compromise should benefit all the groups. But unfortunately most congressmen are busy in other works. Next congress is critical for any immigration reform

    Agreed. However due to the Iraq war. Bush is very unpopular. His conservative base revolted and the republican party did not tow the line and did not support him on this issue, in truth the other side was more helpful than he could have hoped. I agree Bush tried his best, but if he tried in 2001 the result would almost certainly have been different.
    A new president comes with a mandate and some fresh political capital. It just depends on what issue he wants to start spending it upon. Given how controversial and virtually radioactive this issue has become, I would not blame the next president if they started with something else. However if things start to go well then he/she could start pushing for this and he/she could provide political cover for congress on this.
    Our issue ought to be less controversial but in congress, anything pro-immigration seems to be sneered at right now. Everyone is set on this enforcement first policy and don't want to hear a thing else. It is unfortunate.
    All said, we and our issues cannot wait until 2009. We have to push and try to get this done whenever an opportunity come up. Even after 2009 nothing is guaranteed and we might just find that things get worse too, especially if there is an economic downturn.
    That is why we need to push hard now.



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  • xu1
    04-08 06:02 PM
    Then what do you do if you dont have a candian permit ??
    A friend of mine then purchased a ticket and flew from toronto to her home country, where she took a rather long vacation and got her H4 visa.. That was shortly after 9/11.





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  • wandmaker
    08-03 11:04 AM
    How often is finger printing required/asked for during the 485 process.
    Thanks

    485 is pending and 15 months has passed since the last FP, you will receive a new FP notice. If you efile your EAD, you will receive a FP notice to get a FP & picture, which is different from 485 FP.



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  • sanjeev_2004
    10-11 05:39 PM
    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:

    I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
    I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.

    Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.





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  • iwantmygcnow
    11-05 04:23 PM
    Thanks for the information.

    Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.


    Did you use your own attorney?

    --Kiran



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  • willwin
    07-10 09:21 AM
    I got my PWD today!!

    Filed on 5th Jan and received today.

    Next, the LC waiting period starts!!

    My LC was approved on 07/07/2010.

    On to I140+485 stage next.





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  • senthil
    06-05 01:16 AM
    my situation ---

    im on 7th year H1B extn, going for 8th next year
    - filed I-485 when current ( have EAD) and got married after retrogession
    - for the spouse i had to stay and extend my H1B to make her H4 valid
    - at this stage can i change employer on H1B and also for 8th year and further
    extns ? has anyone on this situation by any chance .....

    any inputs / suggestions will be of great help. thanks in advance



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  • Hey Ram GC
    05-05 03:55 PM
    Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
    She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.

    I wanted to know that what impact does one have for calling IO's multiple times.

    EB3, Oct'01
    485- Jun 1st 07
    No LUD's since Aug ( Address change)
    Applied for 2nd AP & EAD last week.





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  • Antonio Trivelin
    June 16th, 2006, 08:09 PM
    They look good to me Antonio. I wish I could get results like this with my 50mm 1.8, but then I've only tried on bands in small clubs, you had a few more stage lights to work with it looks like to me.

    Nik, tks a lot for comments too !!!

    This show was in a big place, look:

    http://img147.imageshack.us/img147/256/showbarao0jw.jpg (http://imageshack.us)

    This is not my photo, but i was there in that place where i write in red the most part of the time of the show.

    I think there was 62.000 people there !!!!

    More details here: http://www.paomusic.com.br/2005/default_noticias_interna.asp?idNoticia=5819&cod_area=2

    To see the photos click at the right where is write GALERIA and choose - "Bar�o Vermelho e convidados - Piracicaba-SP". This is the oficial site and the photos there is not mine.

    Best regards my friend,

    Antonio



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  • Znan
    07-15 11:03 AM
    I understand your concern; however the USCIS now has concurrent filing which means that I-485 applications and I-140 applications can be filed at the same time. The USCIS will work on your case if the priority date is current even if the I-140 is not yet approved. They will simply adjudicate the I-140 at the same time they adjudicate the I-485.



    The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.


    Guys:

    My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,

    Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).

    Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:

    Any advise from Seniors/ Gurus.. :)

    Thanks in Advance





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  • tanu_75
    07-29 02:53 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    Interesting so you're willing to acccept information from your lawyer who you think gets his information from USCIS but not willing to trust USCIS's information which we use here that USCIS makes itself available freely now. Hmm, not saying don't trust your lawyer but you would be surprised how inefficient some of the lawyers can be. None of them predicted the movement for the past two months which was pretty much spot on based on analysis by Q and others on the thread. I would rather trust analysis which I can see and test myself rather than take the word of a lawyer just because he's a lawyer.



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  • gc@waiting
    07-25 06:17 AM
    Can someone shed some light as to what exactly are the things checked and the steps in 140 processing? Is it one's education credentials or employer history and/or ability to employ/pay etc?





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  • chanduv23
    09-15 06:30 PM
    EVERYONE EVERYONE EVERYONE IN DC



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  • ghost
    06-22 01:14 PM
    Just an assessment on where we are collectively as a group:

    312 new members in June 2006
    1100 new members in May 2006
    1400 new members in April 2006
    1000 new members in March 2006
    400 new members in February 2006
    600 new members in January 2006

    4812 in total membership.

    Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.

    Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.

    I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.

    On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.

    Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.

    Peace out!





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  • CantLeaveAmerica
    07-21 05:17 PM
    My wife and I received a similar RFE in yesterday's mail. It seems they do not have our form I-693 in their possession. Wonder why they took 2 years to figure that out though we had submitted all documents in its entirety at that time. Anyways, we will be redoing the medicals and sending them the form..an additional $500 for both of us!
    Back to your question, YES, we did both receive a letter for the RFE along with a yellow(gold) paper with the officer #, receipt #, reply by date (33 days if received by post), A# and the address for the sealed envelope from doctor to be sent to printed on it. The yellow letter has to be placed on the top. Btw, the officer # was same for both mine and my wife's cases.

    Please note that in the last paragraph, this is what it states: "You must submit the requested information within 30 days from the date of this letter (33 days if this notice was received by mail). Failure to do so may result in the denial of your application."

    Does this mean that there are some folks that may receive the RFE through email only and therefore will not receive the yellow(gold) paper in the regular mail? I dont know...

    Hope this info helps...





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  • saketkapur
    11-06 05:00 PM
    Why not?
    We have nothing to lose....a similar effort was passed last time when Clinton had left office......also the CHC might not whine this time as they will have the senate pretty much behind them next yr to do what they want.....
    Also they might actually want us now out of the line if the illegals are supposed to line up next........

    the job as an USCIS IO seems nice after getting my GC.....:rolleyes:





    gc@waiting
    09-30 07:01 PM
    Thanks very much dingudi.

    BUT does anyone know as to what are the options if the 140 is still pending and the applicant is laid off after 6 months of 140/485 pending?





    imm_check
    11-06 06:13 PM
    Who issued the checks ?? Was it you or your employer ?

    My employer has issued the checks