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  • wandmaker
    07-23 07:44 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    (1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.





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  • HumJumboHathuJumbo
    10-31 11:02 AM
    what address should i mail my I-131?. I did not file with my I485 application.there is a chicago address on form I131.should i mail it there?.
    thanks





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  • srkamath
    10-15 02:58 PM
    If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
    If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.





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  • unit
    09-16 07:43 PM
    Thank you for your responses.
    My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
    Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
    I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.

    In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.

    My question is are there any risks in my 485 in this context?
    Should I be moving to company-A to reduce any risk?

    Would appreciate your responses in this.



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  • h1bemployee
    06-22 01:39 AM
    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...

    Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. "

    So what are my option now?
    Can I work now? if not Can I work after Company B files MTR?





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  • minimalist
    10-28 01:18 PM
    Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.

    I Wish God Give me Strength to Fight Legal Immigration Injustice.

    When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad

    So, I know god is with me.

    Wish all so deserved people Green Card this year.
    This is the first time I came across.



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  • Templarian
    08-26 12:00 PM
    Yea, I was making a calvin( and hobbes, hobbes is to hard to make) during my lunch then my works video card shot (luckily i have 4 monitors so 2 still work or I would be screwed). Would be nice if when a video card blew it didn't shut down the entire thing :(

    I'll make it when I get off of work.





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  • webm
    10-12 01:06 PM
    If you have received a FP notice it has the 485 receipt# on it and this is enough to check the case status online.Dont worry if you still dont receive the physical 485 RN atleast you are able to check its status.

    HTH,
    webm



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  • dollar500
    11-19 05:48 PM
    I had a strange situation. I checked on the case status site to see if there is any update on my case. I am a July 2 filer with EAD plus FP. The earlier update date was 9/2/2007. I checked there it says that it's updated as 11/1/2007, when I reread it I didn't notice anything different. Can anybody shed some light?

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On September 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.





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  • gc28262
    03-11 09:28 AM
    I had the same issue. Still awaiting my AP which was applied in Nov 2008.
    When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.

    I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.

    Finally I called them again, this time I talked to a more knowledgeable accommodating IO.

    Keep calling the service center till you get an instruction similar to the following.

    This is the instruction provided
    ----------------------------------------------------------
    Fill out I-131 Application or use the copy of your original application
    attach two photos

    Mention the receipt no on the top of the form
    Also mention REPLACEMENT : no Fees included
    Add a covering letter explaining the situation

    Post it to the following address

    USCIS Texas Service Center
    ADDRESS ( This is a special address, This not the standard USCIS address)

    On Lower Left corner of the envelope mention:
    do Not open in the mail room, No fees are attached

    ------------------------------------------------------------------

    I am still awaiting my AP after doing this. :confused:



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  • krishnam70
    05-08 03:52 PM
    Thanks. Great to see someone active and contributing despite getting the greencard.

    If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.

    This maybe a big change and even help us politically as more people will become citizens earlier and can vote.

    This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.


    I have benefited by using IV though I joined late but I like the work IV is doing and try to do my bit in whatever way i can. I wish more people start working towards the common goal

    -cheers
    kris





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  • NKR
    07-09 08:36 AM
    Dude, It is only fair to say that your employer is entitled to keep his money, but if you are worried about not having pay stubs to prove your continuous employment then you work it out with your employer, pay back his money and get your salary. It won�t be easy cause you have already pissed him off.



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  • immi_enthu
    09-28 06:03 PM
    Some have the July 2nd receipt date but other have a later date especially if your case has been transferred from NSC to CSC and then back to NSC.:rolleyes:

    yes I am :D and there are many July 2nd filers who have July 2nd as the receipt date and may not receive the EAD by Oct 1st. I may not either. I guess I am not that lucky here.





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  • I-485 approval
    08-20 12:37 PM
    Hi Bheemi,

    Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.

    Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)

    Thanks



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  • lacrossegc
    06-25 01:19 PM
    IMHO The problem will arise with USCIS only if the employer does not pay AT ALL ... delayed/irregular payments (as long as they meet the proffered wage on the LCA) should be fine. Not paying at all will be a serious breach of contract and the employers will be in serious trouble for doing that ....



    What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.

    Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.

    I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.





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  • Edison99
    09-15 12:30 PM
    Enjoy the freedom!
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.



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  • gccovet
    05-16 04:15 PM
    All,

    Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"

    Just wanted to update everyone so that all the June/July filers can file appropriately.

    Again, mine could be an isolated case. So, please dont panic::))

    This is going to get worse as July 07 filers (i am one of them) starts filing renewals.

    Question is: Can a person currently working on EAD continue to work on EAD (renewal request filed) eventhough EAD expires? what would be the status if he/she cannot work?
    GCCovet.





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  • bsbawa10
    07-11 10:13 PM
    Did not want to go off topic but I was just wondering why this thread is not on "Donor Forum". In other words I was thinking what goes in Donor forum and what does not and how is that decision made. Also does anybody think that donor forum is mis-named. Donor is the one who just donates and does not get anything special back. These should be called "Paid Services". What do you think ?





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  • vandanaverdia
    09-09 03:13 PM
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    rghrdr777
    10-27 11:15 AM
    I got the same response about AP (same RD), approved Oct 17, not received yet.

    Please let us know if you receive it. Good luck.

    My lawyer received our AP's yesterday. They sent me a photocopy. Even though the TSC IO said that my application was approved on 10/17/2007, the travel document has a date of 10/11/2007. Good luck to you.

    TSC (Sent to NSC. Got transferred to TSC)
    RD: 06/25/2007
    ND: 08/01/2007
    EAD Self Card Received: 08/23
    EAD Spouse Card Received: 08/25
    FP done for myself and Spouse: 09/06
    Name check initiated on 08/09/2007 and is pending
    AP: Approved 10/11/2007 received by attorney: 10/27/2007
    GC: Waiting





    seaken75
    07-17 10:14 PM
    Do you know how long it will take to get GC from date of receipt of 485?