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  • sanju
    02-05 09:40 PM
    My wife received the FP notice 3 weeks ago and her FP is tomorrow. I never received it even though I am the primary applicant. I do see updates on my I-485 application but no FP notice. The USCIS center is quite far away from my home. Can I try to go there with my wife and see if they can do my FP also tomorrow or is that a lost cause?

    This happened to me twice in last 3 years and this is what I can tell you from my experience.

    All member of the family should go for the finger print because often times figer print notices are lost in the mail. I went to the IO at the center and told IO officer that I did not receive the FP notice. She checked in the system and said that FP notice was sent for me as well. IO officer printed a FP notice right at the spot and handed that to me so that my wife and I could give finger prints together. If you do not give the finger print, the risks is that CIS may send you another notice or may send you the "last notice" before considering your application as abandoned.

    I would say - better safe than sorry.




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  • 2003doc
    08-18 10:14 AM
    this should include total applications as derivative also has to file separate I-485. you multiply with 1.7 when you are estimating from approved I-140 to speculate number of people who are waiting online to apply for green cards. bottomline is its no where close to 500,000 to 750,000 as expected by oh-law and other websites
    that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K




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  • nish
    10-06 04:24 PM
    Hi,

    I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
    My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?

    Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa

    Please advise

    Thanks...




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  • eb3_nepa
    05-28 10:54 AM
    Thanks Surabhi.



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  • malibuguy007
    07-17 12:36 AM
    Very well written article indeed and quite balanced.




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  • drirshad
    05-05 02:23 AM
    USCIS TEXAS SERVICE CENTER EMAIL PILOT INITIATIVE:
    EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL

    April 22, 2010

    PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
    Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
    The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
    received at this email account will not be addressed.

    EB 1-485 CASE IDENTIFICATION PROCEDURES
    1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
    I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
    2. You should send an email to: EBUPDATE.Tsc@dhs.gov
    3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
    4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
    identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
    5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.



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  • rajenk
    11-18 05:51 PM
    Team, My Labor is filed under PERM was Audited and now approved.

    For, Qualification it says Bachelor + No Experience
    However, in Skills section it says 5 years of experience in Software Development (.NET).

    I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

    Can this be applied in EB2?

    Thanks!

    No body answered the OP. I will try to answer it.

    I think you are risking applying for EB2. I have had a very bad experience with attorney mishaps. You will be better off applying for EB3.

    If the qualification in labor was stated as Bachelor + 5 years in all places that would get you qualify straight to EB2




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  • rajsoni
    05-06 09:18 AM
    HI,

    Yes, there is no labor substitution.
    My case has been filed in July 2007.



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  • WaitingYaar
    03-23 10:47 PM
    Does letter for initial interview makes sense for EB petitions. May be gurus from the the forum can comment.




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  • paskal
    08-23 03:48 PM
    please join your state chapter if you have not done so already!



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  • krishnam70
    02-27 02:03 PM
    I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..

    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris




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  • desi3933
    06-22 08:23 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word “Sorry”.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

    Agree.
    Initial Evidence for I-485 includes
    1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
    2. Employment Letter (for GC job)
    3. Proof that person is maintaining valid status in USA since last entry in USA

    Not a legal advice
    ----------------------------------
    Permanent Resident since May 2002



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  • ps57002
    09-14 07:50 AM
    I see IV has done an excellent job in promoting the event as I see it listed in several newspapers (and listed on lawfirm websites such as murthy, siskund, etc. I think it will be a huge turnout and you want to be a part of this exciting rally. If you're thinking "well there's enough people already" then you need to think "i'm doing my part, that's what matters, no matter how many show/don't show up". Stand up for what is right. Stand up cause enough is enough. Stand up because each and every one counts. Come on to D.C. You'll make a lot of new friends and can have fun in person talking to people who understand....you can talk about your receipts in person too :p Will be great...don't miss out.

    http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734
    http://www.sulekha.com/groups/postdisplay.aspx%3fcid=1733%26forumid=1073559
    blogs.ilw.com/gregsiskind/2007/07/immigration-v-2.html
    www.i-newswire.com/pr120784.html
    www.ianh.org/CommunityEvents
    http://bibdaily.com/
    www.telugucinema.net/board/viewtopic.php?topic=532&forum=1
    www.sajha.com/sajha/html/openThread.cfm?forum=2&threadid=50661
    www.aapkamanoranjan.com/beta/event_detail.php?id=224
    www.atlantadunia.com/dunia/DesiCafeShowDtl.asp?ThisAd=226&Vuid=2358
    washington.eknazar.com/Events/viewevent.php?id=27493
    www.gbnc.org/sajha/html/eventdetail.cfm?eventid=1224
    http://www.universitet.us/forum/viewtopic.php?p=9129
    http://www.indiaabroad.com/events/ia_display.php?seldate1=&seldate2=&location=District+Of+Columbia
    http://www.netsapboston.org/forums/viewtopic.php?p=412




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  • h14life
    06-19 03:33 PM
    Hi,

    I am posting this on my friend's behalf. Here's his situation:

    a) He's on H1
    b) Applied for 485 / 765 / 131 through his employer.
    c) Still on H1; EAD & AP approved.
    d) Priority date no longer current for 485
    e) He gets married.
    f) Wife comes to US on H-4.
    g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
    h) Another thing is, she is also interested in working but can't do that on H-4.

    Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.

    Please let me know if it's possible to add the dependent regardless of PD being current or not.

    Thanks in advance.



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  • vallabhu
    06-14 06:47 PM
    Should the passport be valid for more than 6 months for applying I 485.

    If somebody can answer that would begreat



    I called my attorney this morning he confirmed passport need not be valid for more than 6 months.he mentioned that I can apply for passport renewal at a later date




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  • kshitijnt
    04-26 03:40 PM
    Thanks so much for the responses.

    I have my receipt number. And I am trying to get a hod of my case folder from th company lawyer.

    "As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1."

    Is there any way I can check if th H1 was applied for change of status without information from the company lawyer?

    Thanks again.

    The change of status would have been effective in october. You do not need to inform USCIS until september. As a matter for your benefit, avoid it telling to USCIS until september. Check with previous company's lawyer if they applied change in status. The attorney will tell you that. I-94 that comes with H1 status change, and is your property and you can demand that from the company. If they do not cooperate, inform USCIS anyway.



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  • msp1976
    05-19 10:12 PM
    Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
    I had not read that one...If cornyn amdmt gets through we are in a good shape then...




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  • roseball
    04-12 01:18 AM
    Its not too late yet....You will get H1 extension beyond 6 yrs if you meet one of the below conditions:

    -- labor certification is pending for 365 days ---(This is not applicable to you)

    -- I-140 is approved -- (You have a chance with this option)

    Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.

    Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.

    Good Luck..




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  • immiusa
    08-14 03:00 PM
    You did good thing by not sending unnecessary documentation. It is your bad luck to have an RFE for unnecessary documentation.

    Some times people do send the few additional document even if they are not required. This could lead to a problem.

    Ex: While attending a personal interview at a USA consulate. Every body suggests "Answer to question", not more and not less. The same rule should apply

    People send extra documentation as a precautionary measure. But an IO officer may not understand the necessity of the document and send you an RFE. which would potentially delay the approval process.




    amazing_grace
    01-10 04:07 PM
    HI HUDSON,
    KINDLY PLEASE EXPLAIN THIS TO ME IF YOU HAVE AN IDEA ABOUT IT.
    I CAME INTO THE COUNTRY AS IMMIGRANT AFTER TWO YEARS OF MARRIAGE WITH MY US CITIZEN WIFE.THOUGH MY PASSPORT WAS STAMP AT THE PORT OF ENTRY JUNE 8, 2008.AND THE IMMIGRATION OFFCIER AT THE PORT OF ENTRY WROTE IR1 ON MY STAMP PASSPORT.BUT ABOUT THREE WEEKS LATER I RECIEVE A LETTER FROM THE USCIS THAT A CARD WAS CREATED AND MAIL TO THE ADDRESS WE HAVE ON FILE BUT WAS RETURN UNDELIVERED BY THE POST OFFICE.6 MONTHS AFTER MY ARRIVAL TO US THE CARD WAS ALSO RESENT TO ME UNDELIVERED AFTER I MOVING WITH MY WIFE TO ANOTHER BIGER APARTMENT WITHING THE SAME ADDRESS. THOUGH I NEVER KNEW THE PROCESSES OF CHANGING OR INFORMING THE USCIS OF CHANGE OF ADDRESS BUT I DID UNDERSTAND NOW WITH THE HELP PF THIS LOVELY SIDE AND OPEPEL LIKE YOU AND I DID THAT STRAIGHT AHEAD.I CALLED THE USCIS ON 31ST OF DECEMBER,2008 TO INFORM THEM OF MY NEW ADRESS AND I MAIL FORM AR-11 ON EXPRESS TO THEIR OFFICE IN LONDON,KY.BECOUSE WHEN I CALLED USCIS OF THE CHANGE OF ADDRESS I WAS ALSO TOLD TO FILL THE FORM ON THEIR WEBSIDTE AND ALSO DOWNLOAD THE FORM FILL IT AND MAIL. THE USCIS SAID EVEN THOUGH THEY HAVE CHANGE MY ADDRESS ON PHONE.THEY MAIL WAS DELIVERED TO THEM ON THE JANUARY 9,2009. TIME WAS 12.30P.M..SO THIS WAS THE MAIL I GOT FROM THEM ONLINE AFTER TRACKING MY CASE..
    Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

    Current Status: Card mailed to applicant.

    On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.

    THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS

    HI ANYONE,
    KINDLY PLEASE EXPLAIN THIS TO ME IF YOU HAVE AN IDEA ABOUT IT.
    I CAME INTO THE COUNTRY AS IMMIGRANT AFTER TWO YEARS OF MARRIAGE WITH MY US CITIZEN WIFE.THOUGH MY PASSPORT WAS STAMP AT THE PORT OF ENTRY JUNE 8, 2008.AND THE IMMIGRATION OFFCIER AT THE PORT OF ENTRY WROTE IR1 ON MY STAMP PASSPORT.BUT ABOUT THREE WEEKS LATER I RECIEVE A LETTER FROM THE USCIS THAT A CARD WAS CREATED AND MAIL TO THE ADDRESS WE HAVE ON FILE BUT WAS RETURN UNDELIVERED BY THE POST OFFICE.6 MONTHS AFTER MY ARRIVAL TO US THE CARD WAS ALSO RESENT TO ME UNDELIVERED AFTER I MOVING WITH MY WIFE TO ANOTHER BIGER APARTMENT WITHING THE SAME ADDRESS. THOUGH I NEVER KNEW THE PROCESSES OF CHANGING OR INFORMING THE USCIS OF CHANGE OF ADDRESS BUT I DID UNDERSTAND NOW WITH THE HELP PF THIS LOVELY SIDE AND OPEPEL LIKE YOU AND I DID THAT STRAIGHT AHEAD.I CALLED THE USCIS ON 31ST OF DECEMBER,2008 TO INFORM THEM OF MY NEW ADRESS AND I MAIL FORM AR-11 ON EXPRESS TO THEIR OFFICE IN LONDON,KY.BECOUSE WHEN I CALLED USCIS OF THE CHANGE OF ADDRESS I WAS ALSO TOLD TO FILL THE FORM ON THEIR WEBSIDTE AND ALSO DOWNLOAD THE FORM FILL IT AND MAIL. THE USCIS SAID EVEN THOUGH THEY HAVE CHANGE MY ADDRESS ON PHONE.THEY MAIL WAS DELIVERED TO THEM ON THE JANUARY 9,2009. TIME WAS 12.30P.M..SO THIS WAS THE MAIL I GOT FROM THEM ONLINE AFTER TRACKING MY CASE..
    Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

    Current Status: Card mailed to applicant.

    On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.

    THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS

    HI ANYONE,
    KINDLY PLEASE EXPLAIN THIS TO ME IF YOU HAVE AN IDEA ABOUT IT.
    I CAME INTO THE COUNTRY AS IMMIGRANT AFTER TWO YEARS OF MARRIAGE WITH MY US CITIZEN WIFE.THOUGH MY PASSPORT WAS STAMP AT THE PORT OF ENTRY JUNE 8, 2008.AND THE IMMIGRATION OFFCIER AT THE PORT OF ENTRY WROTE IR1 ON MY STAMP PASSPORT.BUT ABOUT THREE WEEKS LATER I RECIEVE A LETTER FROM THE USCIS THAT A CARD WAS CREATED AND MAIL TO THE ADDRESS WE HAVE ON FILE BUT WAS RETURN UNDELIVERED BY THE POST OFFICE.6 MONTHS AFTER MY ARRIVAL TO US THE CARD WAS ALSO RESENT TO ME UNDELIVERED AFTER I MOVING WITH MY WIFE TO ANOTHER BIGER APARTMENT WITHING THE SAME ADDRESS. THOUGH I NEVER KNEW THE PROCESSES OF CHANGING OR INFORMING THE USCIS OF CHANGE OF ADDRESS BUT I DID UNDERSTAND NOW WITH THE HELP PF THIS LOVELY SIDE AND OPEPEL LIKE YOU AND I DID THAT STRAIGHT AHEAD.I CALLED THE USCIS ON 31ST OF DECEMBER,2008 TO INFORM THEM OF MY NEW ADRESS AND I MAIL FORM AR-11 ON EXPRESS TO THEIR OFFICE IN LONDON,KY.BECOUSE WHEN I CALLED USCIS OF THE CHANGE OF ADDRESS I WAS ALSO TOLD TO FILL THE FORM ON THEIR WEBSIDTE AND ALSO DOWNLOAD THE FORM FILL IT AND MAIL. THE USCIS SAID EVEN THOUGH THEY HAVE CHANGE MY ADDRESS ON PHONE.THEY MAIL WAS DELIVERED TO THEM ON THE JANUARY 9,2009. TIME WAS 12.30P.M..SO THIS WAS THE MAIL I GOT FROM THEM ONLINE AFTER TRACKING MY CASE..
    Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

    Current Status: Card mailed to applicant.

    On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.

    THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS




    hpandey
    01-03 12:15 PM
    But dont you need to wait for AP approval to travel if you are in AdjustmentOfStatus Phase?

    Thanks

    You don't necessarily need an AP to travel if you have filed for AOS. If you have a valid H1 unexpired visa you can travel on that. You wife would need to get her H4 visa stamped to come back to US.

    It is a matter of choice if you want to use AP for travel or your valid H1/H4 visa.



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