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  • gotgc?
    09-16 06:13 PM
    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks





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  • desi485
    10-09 06:19 PM
    it happened to me when everyone else had received, I was still waiting for receipts.

    emailed my HR and in turn asked lawyer -> advice -> wait for 90 days. if not, then we can ask USCIS.

    in ur case, already 90 days.

    go ask USCIS. u may have to give them proof of UPS or FedEx receipt





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  • satishku_2000
    11-21 05:56 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.

    when you get an extension of stay you will have same number for all of them.





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  • delax
    08-05 11:36 AM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;

    While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......



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  • gc_chahiye
    11-04 11:33 PM
    i did through google but i cant found actually. please respond who knows.thank you in advance.

    Another good bet for trying to get a break like what you are looking for is Sulekha:
    http://classifieds.sulekha.com/new-jersey/alllocalities/it-jobs-training/allsubcategories/adlistings.aspx

    Most of the jobs there are from consulting companies. Being on H1 with them can get hard (with things like salary/bench etc) depending on how well run that place is, but on EAD your life should be much simpler. I could not find anything on transcription, but lots of entry-level jobs in QA or in SAP that provide training etc. All the best.

    When you get some responses from these people, ask around (friends etc) to see if anyone has had a good/bad experience with that firm.

    Again, unlike H1, being on EAD your life is much simpler and options are much more open. You can walk away if they dont treat you well. All you need is a break and these guys might be able to provide one.





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  • rcr_bulk
    08-28 03:28 PM
    Admin Dudes,

    I contributed $600 dollars so far and i have no access to Donor Forums. Please fix this.

    Thanks

    You contributed 600:confused: for what?



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  • desi3933
    03-02 06:42 AM
    Thanks for you valuable information.

    My last entry was on Mar 2008. So as per your reply, even if i have less pay on my W2 for 2006 it wont effect my H1 transfer?

    Kindly reply

    Thanks
    Tiger



    As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.


    ____________________
    Not a legal advice
    US citizen of Indian origin





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  • WaitingUnlimited
    03-08 03:37 PM
    It all depends on the officer who makes the decision.

    One of my friends applied for 140 in July 07. He got RFE on Mar 08 to submit payslips for 08. He was on bench from Jan08-Mar 08 and was not having payslips.

    He just sent W2 for 07.

    Surprisingly his 140 approved without any questions.

    So, try your best to get the payslips or pray for the god!



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  • The7zen
    05-28 02:58 PM
    I just did....keep it coming guys.....





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  • shsk
    07-19 10:51 PM
    Hi,
    I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
    :confused:








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  • shivarajan
    01-23 01:41 AM
    in for a contribution!





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  • vpadman
    02-09 02:07 PM
    Are there any members from Huntsville, Alabama ?
    It would nice for a few us to meet here and discuss various immigration issues.



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  • loudobbs
    10-17 02:52 PM
    You can look at related fields for your job code on the O NETsite.

    So I am guessing if your new job code falls in any of the related occupations, your oK??

    Any thoughts......





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  • dealsnet
    08-05 11:17 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;



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  • dxldad
    05-18 12:00 PM
    Murthy.com has some advice on this situation, please check their site. This is what I understand. Your daughter can board the flight to US based on the valid AP. Once she reaches US, she needs to inform the immigration officer that her GC was approved. The immigration officer has the authority to let her into the country after checking her records. Murthy has this scenario in detail.





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  • vandanaverdia
    09-10 12:59 AM
    ^^^ bump ^^^



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  • bkarnik
    10-26 03:33 PM
    My experience, this is at the Mumbai consulate in 2004. At that time they had the drop box in place. I mailed my documents and they returned everything back with my H1 stamped.

    My wife went for her H4 stamping (second stage) in 2005. They asked for all the original documents i.e my I-797 and her I-797 but returned both of the documents back at the end of the interview. I think she had copies with her and they kept those.

    Best bet is to contact VFS and inquire.





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  • greenleaf81
    11-04 03:26 PM
    Thank you guys for responding to my situation.
    My client could not issue a letter but the Vendor issued a letter saying I am working at the client. Also we have attached some emails from the client Manager. And thankfully they were able to send the documents on Monday.


    ajp5: I do believe that I have switch the employer now, because I cannot risk to wait for the USCIS to process the RFE and run out of time. I will talk to the vendor about the transfer. Yes the last few days have been a hell for me, suitable for a thrilling movie.

    wandmaker, meridiani.planum: Thanks for the advice, I am in the process of finding another employer, hopefully more trustworthy this time. When I do find a new consultant I will do PP.

    I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.





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  • sac-r-ten
    06-17 12:15 PM
    Tell me the one which you developed and i won't buy it from the apple store. since if DOL/USCIS catches you and apple removes the support for it then i won't be a happy person.
    Just kidding.

    Go ahead man. live your dream. why bother about trivials like DOL/USCIS.





    raamskl
    07-22 12:28 PM
    Hi,

    What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.

    I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?

    Would anyone know?,, bumping up.

    Thank you.





    manand24
    10-15 02:10 PM
    Hi,

    Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??

    goodluck,
    vaishu

    I do not think so, my PD is 2006, I am not even dreaming about GC.



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