Sunday, June 12, 2011

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  • cfan666666
    06-27 03:23 PM
    I will send my I-485, I-131 and I-765 to this address:

    IMMIGRATION & NATURALIZATION SERVICE
    TEXAS SERVICE CENTER
    PO BOX 851488 - DEPT A
    MESQUITE TX 75185-1488

    It's the address on my I-140 approval notice. Have called USCIS, the answer said you can send you I-485 to the address on you I-140 approval notice.

    Good luck





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  • rockstart
    08-12 07:53 AM
    Can some one say when they received the actual RFE from the time they received the hard LUD and e-mail from CIS?





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  • va_12_2004
    07-19 08:42 PM
    First, I would like to congratulate each and every member of IV for having an effect on USCIS and successfully able to submit the 485 in July. The things that mattered were the unity and direction / advise from the core team. Its a victory by any standard.

    The next big problem will be the delay in FBI name check. With the very little workload they have there are backlogged cases from 2003. It is again like a black box (Hope you remember philly BEC). You can do anything you want but FBI wont budge. And with this extra 200K + applications, the situation would get worse and worse. You really do not want to get stuck here for years. The only thing that works is WOM, and thats not an easy thing to do.

    I would strongly urge the core team to consider this as an agenda along with ongoing effort of legislative solution of retrogression (Increasing the number of GCs). I would also ask all the members who were able to file 485 to read some of the forums (Yahoo namecheck tracker, immigration.com etc), and prepare yourself of what is coming. Right now, if you are unlucky, you get stuck, but later if you are lucky, you will get through.

    We will win at the end, because we have not done anything wrong. Just keep unity.
    Thanks

    I contributed $150





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  • sac-r-ten
    07-30 02:04 PM
    Sorry to hear about your "unique" situation. I guess you should hire a attorney and talk in person, since attorneys here for not helping.
    Please update this thread if you get an answer from other sources. Its really a headache dealing with USCIS's ways of things.
    I wish you get out of this mess soon.
    take care.
    thanks.



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  • dealsnet
    04-13 09:14 PM
    Citizenship of child do not consider for cross chargiability. Only the birth place of spouse will taken into consideration, if you file with details shown in the petition.

    Child can be charged to either parent's country's quota, reverse is not allowed.
    http://www.hooyou.com/news/news050807cross.html


    Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    http://www.visapro.com/Immigration-Dictionary/C1.asp
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.

    Thanks





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  • morchu
    05-04 12:37 PM
    AR11 is legal requirement. And that is the first step.

    But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.

    What is the second step you are referring to? I thought only an online AR-11 is good enough.

    I will be changing my address next month (same zip code and state).



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  • anemmani
    01-04 01:46 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    nit_sea,

    I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.

    Good luck,

    Nag





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  • ssbaruah@yahoo.com
    06-01 02:24 PM
    Thank you for your immediate reply. I have 2 more questions as below :

    My H1B is valid till 2011. I came through “A” company and this is my second employer (“B”). After I joined “B” company, I never went out of USA. “B” Company’s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with “B” company’s name. Now, I am no more with “B” company.

    1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

    3. My families also need to re-enter to USA at the same time ?

    Hopefully, I am able to explain my occurred situation correctly.

    I need your valuable suggestion pls.



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  • Tom with Charlotte Riley



  • doubleyou
    05-20 11:31 AM
    Pappu, Thanks for the link it is informative and looks like IV had raised the namecheck issue. Let us see if there are other members on IV still experiencing FBI check delay.

    Maybe then a retouch of the issue will be helpful.





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  • kaisersose
    08-24 01:50 PM
    One a 485 is applied and is pending, it is possible to replace the underlying 140, even if it is from a different employer.

    Reasons why one would do this -

    1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available

    2. Job Role changed significantly enough to warrant a new Labor.

    3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.

    4. Upgrade from eb3 to eb2.



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  • nashorn
    12-18 03:25 PM
    Have you got their decision on your 140? They wouldn't make dicision on your 485 untill they have decision on your 140. If your 140 got denied, your 485 would be denied.





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  • sriramkalyan
    03-09 03:32 PM
    Hey, i was thinking that he can transfer priority date from EB3 to EB2 ..



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  • gcbum
    08-01 04:59 PM
    After the lawerand medical examination took a long time my concurrent filing applicaiton was over night fedexed on Jun 28th from nj to nebraska and fedex did not pickup on Jun 28th due some weather and they try to deliver on Saturday which was Jun 30th and finally it was delivered on July 2nd 7:55AM and the check also not encashed and application also not returned.

    :mad:





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  • gckidhamal
    11-19 02:50 PM
    http://www.aila.org/content/default.aspx?docid=6727
    http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=4183
    http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/



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  • venetian
    07-06 02:29 PM
    Thanks saket,

    Just a clarification, did you continue to maintain H1 status or started using EAD after you entered using AP.

    Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....





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  • saketkapur
    10-09 12:18 PM
    Which document to produce for people on EAD and AP?

    I used my H1B since that had a further date of expiry than my EAD but when my next renewal comes up I guess I will have to show EAD as my H1B will be in process of being renewed then.......

    Might have to keep alternating if you have a choice......its kind of an irritant for sure........DMV has no issues with our status when they want us to renew our registrations :mad:

    If I am paying my taxes as a resident then I should get the same benefits... :rolleyes:



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  • GreenCardLegion
    03-25 06:36 PM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

    2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
    2005 W2 – shows 57,000$/yr
    2006 W2 – shows 50,000$/yr
    2007 W2 – shows 58,000$/yr
    2008 W2 – shows 67,000$/yr

    Never changed employers nor job titles.

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

    Thanks.





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  • rajenk
    02-07 08:57 PM
    Hi Guys,

    Isn't EAD application I-765? What is I-131? Excuse my poor knowledge on the USCIS forms





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  • Dhundhun
    11-21 09:19 PM
    You give all of them (stapled together preferably). Make copies of all of them and keep for future.


    Maverick1, Thanks for correction.





    Pagal
    09-07 11:58 AM
    Hello,

    Yes, I've seen similar situation with one of my friends...





    hibworker
    01-04 02:26 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    Sure she can apply for COS to F1. I am not sure what impact denial in India will have, but its worth a shot. However, for OPT the student needs to be in F1 status for at least 1 academic year - so check with her school if she will meet the OPT requirement after switching back to F1



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