Wednesday, June 8, 2011

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  • satishku_2000
    08-10 01:40 PM
    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.

    RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.

    Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process

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  • Vel
    01-21 08:33 AM
    Thanks for your reply and I understand that AC21 can be used for job in same or similar occupation.

    But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?

    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?

    Looking forward to have your answer on this... thank you so much in advance...


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  • xeixas
    09-08 10:43 PM
    I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

    How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

    This is way too confusing...

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  • meridiani.planum
    07-17 12:45 PM
    Traveling for the 1st time on AP (used H1 stamp previously, now I am on ead), wanted to know how the experience at SFO is. Do they always send you for secondary inspection? Anything else to know beforehand?

    here's the list of docs I have from earlier post:
    - All copies of AP
    - EAD
    - Passport, of course
    - 485 receipt notice (Good to carry)
    - 140 approval notice (Good to carry)
    - Labor approval notice (Good to carry)
    - Company identification card/badge (Good to carry)
    - Current employment verification letter (Good to carry, I never did and I was okay)
    - Old stamped APs, if you have used AP to travel in the past (Good to carry)

    anything else?

    Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?



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  • hmehta
    09-23 07:53 PM
    Yes, I am in the same Boat - My 485 was filed on July 19th but haven't received my receipt yet (485 filed at TSC)!

    Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now. D

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  • ata1234
    07-13 09:04 PM
    Done. Forwarded to other affected friends.

    Wondering why IV has 4000 members while signatures are only 1327.

    I believe your spouse can sign too because she is affected with this VB fiasco as well.
    You are right! Hopefully, everybody is including their spouses too.


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  • Leo07
    02-01 11:22 AM
    Sorry, Link was on the first post.

    Here it is again:Organizing for America | | OFA Survey (

    please post a link to this survey

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  • Adam
    08-20 01:03 PM
    That is awesome and hilarious. Instantly my fav smily (bumping :trout: )
    looks like we have a winner!! Temp, I say you take a shot at the Ya' RLY one as well - you might surprise yourself!


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  • dilbert_cal
    03-29 11:19 PM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.

    If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -

    I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)

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  • enthu999
    07-16 11:01 PM

    I am Canadian citizen and planning to file AOS(ofcourse if there is some news from USCIS:)) currently, I am on TN visa which is of temporary intent unlike
    H1B which is dual intent.

    Planning to travel to Canada in Sept'07 while I am on TN and be back in Oct'07 on H1B which will be valid from Oct-01-2007 till Sept-2010. Will there be any problem if AOS is filed before I leave to Canada.

    Also, my current TN Visa is valid till Sept-30 and my H1B will be effective on my travel back from Canada, if there is any gap between Sept-30 and the date I travel back will there be any problem due this gap once the AOS is filed?

    Please advice,

    Thank you


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  • aroranuj
    06-16 05:20 PM
    My I-140 was filed during the July 07 fiasco....still pending EB3 category. So if I do decide to move on my employer cannot revoke my I-140?

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  • sintax321
    11-18 02:56 AM
    Losts just had more to it. Very nice focal point with hte flower. Both are good though:)


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  • indianindian2006
    07-28 02:37 PM
    [QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?

    I feel that many EB2 filers before June 2006 have got this LUD.

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  • razis123
    06-06 02:45 PM
    hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.


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  • Remember Mighty Dog?

  • saurav_4096
    05-07 04:53 PM
    I do not see update on online status on the registered cases in my portfolio in TSC.

    My wife had applied for AP in first week of Feb, we have received AP in a months time but online status still shows "Application received on Feb xx 2009........"


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  • wandmaker
    10-23 10:15 AM
    Thanks guys,

    But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
    Is it not needed for wife's case to be independently handled.

    You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid


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  • Bedlington Terrier | Dog Car

  • sriramkalyan
    04-02 03:40 PM
    Land at Mexico City ... Hire Taxi to enter US at Elpaso ..If any one is scared of being stopped at Point of Entry ... Just don't pee when u see drug cartels

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  • Height: Dog: 15½ in (39cm)

  • nandakumar
    05-15 07:24 PM
    It's bravo IV. Each of us should tell and motivate others to join IV. You see for most part, your posting in these forums in IV is very anonymous. I think except for yourself, no one can get see your profile details including your full name, phone number etc.

    Also, keep looking for opportunities to write to editors, anchors etc., whenever they speak rubbish. All that we are doing now is letting the media know that legal immigrants have huge issues and unresolved problems. We are writing to them that things have been very unfair. We are educating them............


    I have given all my details including my address, employer details in my profile except for my Phone number. Not sure how to enable it to see others. I tried clicking 7-8 members profile including yours but not able to view any details. Am I doing something wrong?

    Btw, besides my contribution, I have made more then 20 people to contribute and as well made more then 50 to become IV members by creating threads in forums like & I'm the first person to let the people in Cisco systems to know about IV during its initial stage by mailing to the common email aliases used by Indians and Chinese and only person to do so until Apr 15, I left Cisco after that. I faced lot of criticisms but even then I would mail at least once in 3 weeks and remind them the importance of joining and contributing to IV. I believe there are at least 100 members from Cisco.

    I made my friends to contribute and made them to post details about IV in companies such as HP, NetApp, BMS, and Symantec etc.

    I have also volunteered when the admin or shery wanted volunteers.

    I may not have done exceptional contribution when compared to the core members and senior member like you but did contribute to best of my effort and have email proofs/appreciation from members who have joined and contributed because of my initiation. Please send a private msg with your contact email, I can forward those emails.

    No offence, explaining my side of the story.

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  • immiusa
    09-16 07:56 PM
    Hello gurus,

    What is the good reason to be specified for visitor visa extension? I understand that USCIS may reject extension application if the reason is not good. Appreciate any helpful responses

    05-20 10:46 AM

    Please participate in this survey.. This will help people who didnot get a chance to file for AOS

    12-28 10:03 AM
    Background OF Myself
    a) Worked for Company A from 2003 to 2008.

    b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

    c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).

    d) Employer A revoked 140 which triggered 485 denial in October 2008.

    e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

    f)Applied AP & EAD renewal ,got a EAD card September 2010

    g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?


    I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)

    1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?

    2)Can I have any chance of explain USCIS, by this rule below?

    ��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��


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