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  • satyasaich
    06-26 01:32 PM
    EAD Efiling was done on Monday 06/23, but haven't used AC21 till now.
    But there is a soft LUD on 485s (both mine and my wife's ) on 06/25.
    I don't know exactly what is, but i think it's related to EAD renewal. Because my PD is Nov/2003 EB3 india and there is no way i'm near the end of road for GC
    Did you report that you used AC-21 to USCIS? If so, then it might be triggered a LUD in your 485. Nothing to worrry.





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  • hur11
    01-22 07:26 PM
    http://www.murthy.com/news/n_inseb2.html

    Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.





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  • bijualex29
    07-31 05:51 PM
    Dear All,
    Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.

    He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

    He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

    What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.





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  • gcseeker2002
    06-18 06:56 PM
    its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.

    As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
    Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...



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  • horscorp
    02-09 06:56 AM
    Thanks a lot. I understand the process better now.



    Horscrop,

    Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.

    Ann

    PS-Am enjoying all the snow---so beautiful and peaceful.





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  • kirupa
    01-14 12:51 AM
    Cool - added! :)



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  • Drifter
    09-01 04:50 PM
    I recently had an interview in July end at the San Francisco Office. I am hoping that there is positive movement on my case. I wonder what the process is in local offices.

    1. Would it be that all the interviewed cases sent to a common pool where some one picks them up.. not sure what order they will pick up and then approves them till the numbers run out and then the cases are dumped back into the pile.

    OR

    2. The IO who interviewed you retains the case file in his/her office and based on the VB every month approves the cases that have completed the interview. Now if this is the case then we are at the mercy of individual IO and how organized or unorganized they personally are... wonder if they have a set procedure to follow....

    lots of questions .... no answers... only silence....





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  • Kitiara
    10-17 10:52 AM
    Argh, I don't have Paintshop Pro!



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  • HarishM
    09-21 04:21 PM
    Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.





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  • chapper
    07-23 06:59 PM
    Others can correct me, if I'm interpreting it wrong. A try...

    An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.

    It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).

    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations



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  • Want to see our Prince Harry



  • nomorelogins
    11-27 04:26 PM
    http://en.wikipedia.org/wiki/The_Goose_That_Laid_the_Golden_Eggs
    of course you have to feed & take care ( issue ead & ap ), but would you rather get a egg a day or would you prefer to cut it open





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  • cooldude
    07-19 10:10 AM
    We are a big company B part of another big company Part A. The labor, I-140, and I-485 has everything mentioning B as the employer.

    But for the employment letter, the lawyer got the letter from A which refers that I am a permanent employee of B with all the required details. I asked the lawyer why the employment letter is on company A's letter head and she said it is fine since your Company B is part of Company A.

    I am concerned how will USCIS know Company A owns Company B. HOpefully it's fine.

    Please help.



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  • rvr_jcop
    02-17 10:57 PM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.

    Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1





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  • wandmaker
    10-22 10:04 PM
    Guys,

    Here is a hypo situation, which I am sure we will be interested to know.,

    What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,

    Thanks

    If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!



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  • gauravsh
    05-04 09:52 AM
    Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.

    Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?





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  • pmpforgc
    09-28 10:52 AM
    Dear Members

    I seek your expert advise on following situation as my lawayer is not much clear on the topic.

    I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006

    In this regards I need your guidance on following points.

    (1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.

    (2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?

    (3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s

    (4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?

    Your input will greatly help me in deciding about premium processing.

    Thanks



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  • rbharol
    08-30 12:31 PM
    questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.

    thanks

    I think for EB2 it is appx 113K USD when GC is approved.


    Correction:
    perm2gc is right. I am talking about California.





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  • gc_lover
    06-24 11:26 AM
    __________________________________________________ ______

    Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.

    __________________________________________________ ______

    I found this article on
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument

    So, it looks like it can retrogess anytime. However, I don't think there is anything we can do to avoid retrogession. Do the best you can and file as fast as you can. No point worrying!





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  • Redeye
    04-16 12:52 PM
    Any help from the attorneys on this?





    goel_ar
    12-21 10:06 AM
    Keerthisagar - sent you a PM. send me your email..
    Can IV core send any material prepared for lawmakers?





    Humhongekamyab
    07-30 12:14 PM
    It appears only EB-3's are getting approved these days.



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