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  • sathish_gopalan
    07-19 05:26 PM
    Thanks. What happens when we apply for I485 using EB2 ?.
    Do we need to withdraw the EB3 I485 ?. In that case my current EAD becomes invalid and cant we work for three months until we get the EAD using EB2 485 application ?.





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  • SunnySurya
    08-14 10:55 PM
    USCIS is sick of active IVian and they want them to suffer. These active IVian have PD earlier than 2006. I am one of them.
    How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.





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  • sweet_jungle
    11-25 02:30 AM
    Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email

    Ombudsman responded saying that my PD is the older PD. Looks like the earlier response was an error.
    NSC AILA liason has also confirmed it.





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  • chintu25
    08-07 09:27 AM
    Relax Bro ..That is the old one delete the thread if possible



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  • anandrajesh
    12-10 12:23 PM
    ^^^^^^

    Bumping up this thread.





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  • bsbawa10
    09-06 09:48 AM
    Hey,
    Can you explain what do you mean by holding visa for EB3 India?
    Thanks -
    Sorry, I meant EB2 India. Corrected it.



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  • trueguy
    08-11 11:30 AM
    It will be easy to reconcile if some one creates a single polling post from 2001 to 2008

    That someone could be you as well.

    Anyways, I started a new thread for 2001 to 2008. Please vote here:

    http://immigrationvoice.org/forum/showthread.php?t=20798





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  • svdcpa
    06-05 03:39 PM
    hi katrina, where did you get that information? let us know please coz we don't know really how to get updates from DBEC

    thanks



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  • gconmymind
    02-29 01:00 PM
    Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.





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  • atlgc
    11-12 11:49 AM
    hello

    i am applying for german airport transit visa

    i am travelling from chicago-frankfurt-bangalore on nov 30th and returung on dec20th bangalore-frankfurt -chicago

    in the application there is a question for date of arrival/departures

    do i need to palce nov3oth and dec20th


    any help/experiences are appreciated



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  • sands_14
    03-20 05:12 PM
    Doesnt matter.
    Past experience shows that finally it doesnt matter.File in the category u r eligible for.





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  • Refugee_New
    08-15 01:18 PM
    I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
    ************************
    Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.

    If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.

    The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
    Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
    I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.

    Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
    ***********************************

    Hello Sunny,
    Do you think i can take your attroney's help to follow-up on my case? Currently no lawyer is representing my case. Do you think hiring your lawyer will help adjudicating my case? Mine is EB2 02/2002. NC Cleared.



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  • sweet23guyin
    10-13 01:13 PM
    It was nice to meet all the folks out in NYC yesterday. Bigining with 20 is not a bad sign on a firday night. Thanks Chandu!





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  • dealsnet
    05-07 01:35 PM
    Do not use some one's profile, if you want answer from any one. To make a new profile will take less than 10 minutes. If you don't have 10 minutes, then how other people spend their time to answer your questions. You want free advice, but you are not willing to join IV. This all shows the mindset of the people.
    Any way using some one's username and password is highly illegal. Ask IV moderator for permission to use some body's account.

    guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!

    the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!

    today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!

    i cannot reveal my identity or share my personal information in a public forum other than my location which is India.

    My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!

    if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.



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  • royjonny
    06-19 12:35 PM
    I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
    I also do not have the LCA for Perm filing.
    My 485 has been filed more than 6 months ago.

    I do have the new I797 (till 2010) for my H1B extension from my current company.

    1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?

    2. Is I140 required to do EAD extension ?

    3. What are the consequences of not having an actual I140 copy with new employer in future.?





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  • BharatPremi
    12-05 04:46 PM
    Here is a link to update your profile - you could pick a new state of residence.

    http://immigrationvoice.org/forum/profile.php?do=editprofile

    Hope this answers your question.

    Yes, I knew that but Thanks.



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  • GC_1000Watt
    10-12 04:38 PM
    You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.

    6 months? Boss only 2 recent paystubs are required.
    @itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
    Think before you suggest something.





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  • amitkhare77
    09-30 09:02 PM
    my wife's case was little different, Most of the time they(SSN office staff) don't know the procedure. It happned to my wife who entered US on H1B and we went to SSN office 3rd day after her arrival. The representative told us to wait 2 weeks and then apply as shw can't pull the data, we went very next day and told that we have called the office and they said there is no such rule to wait, the representative should accept your application immidiately. the lady took our application and guess what - less than 2 weeks we received SSN card for my wife.
    My wife's H1 got approved & it is valid from October Ist. When she went to Social Security Office today 9/30 - they denied saying they can't pull up her information in their system (from INS) & hence they can't issue the SSN.


    She was carrying her I-797 approval (along with I-94).

    Anyone else faced a similar situation ? Any suggestions.





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  • Since1997
    07-18 05:15 PM
    see above
    Thank you...





    kittu07in
    08-20 05:46 PM
    I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
    Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
    In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

    I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

    Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
    And the old H4 approval notice is still in approved status when I check in USCIS website.

    Please help me in this situation, let me know all your opinion about this case.

    ~Thanks in advance.





    Bhadwaj
    07-15 05:26 PM
    Hello,

    Here is my situation.

    a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
    b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
    c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
    d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
    e) I have not travelled outside of the country since my last arrival.. (pls see #b)

    Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.

    "An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE

    This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.

    Now, my questions to our experts are
    1. Since I am within my I-94 expiry date., am I in lawful status?
    2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
    3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
    4. What should I do now to correct ...? my I-94 expires in another month.

    Please help!