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  • andy garcia
    07-25 12:19 PM
    I got an approval email from CRIS last week on my I-140.

    Today I received an email saying the notice that USCIS sent was returned as undeliverable.
    Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?


    Approval notice goes to Attorney a courtesy copy to Employer

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  • vin13
    03-09 11:41 AM
    Yeah I think it makes sense to fill I9 form because that way you make it clear that your intent moving forward is to be on AOS rather than H1. In case you dont do it then you are on dual status with H1 being primary status so in that case it is open to wide interpretation of CIS officers to classify it as out of status or in status.

    Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?

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  • pappusheth
    05-08 01:33 AM
    i filed for EAD in early April this year. I could check the case status online and see it as "case received and pending". On the last day of April I received my EAD in mail but the status still showed the same.. There was neither soft nor hard LUD. Rather I checked it again today on May 7th and the status is still the same, no soft or hard lud..!
    i think there's some disconnect.

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  • gc_chahiye
    07-19 01:55 AM

    Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?

    There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.


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  • krucie
    03-17 01:41 PM
    My thought was the same as yours in that by attaching my 485 receipt notice, and 140 approval notice when my spouse files for his 140/485, we can just inform USCIS at that time to connect our 485 applications. Based on that, once my spouse gets his green card, I would get mine as well.

    I wasn't sure how it would work out if we waited for his 140 approval to come before we informed USCIS. Since he is from a non-retrogressed country, I was thinking that the safest approach would be to inform them sooner than later. You mentioned that I could file as a derivative once his 140 was approved. But the idea is not to file another 485 application for me. In my opinion that would confuse things further.

    What steps are you taking in your case? I'm assuming that you and your spouse each have only one 485 application, each being independent of the other?

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  • kumarc123
    10-22 09:28 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks

    Hello there,
    Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
    So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?

    Hope it helps


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  • txh1b
    08-18 12:19 PM
    Currently i am asking my employer to refund me the Medical expenses that they have been charging me without my knowledge. Since they are not responding back to my questions, i have threatened them that i will pursue for my GC expenses also that they promised to cover (also documented in my offer letter).
    My current status is EAD and i no longer work for that Employer and i am out of job and looking for employment right now.

    This seems to be a civil issue and no govertment agency will be able to help you as far as medical charges go. With regards to the GC fees, only Labor costs have to be paid by the employer after July 2007. Rest of it can be legally passed over to you. I think you have no claim whatsoever that will interest a govt agency if the labor was filed before July 2007.

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  • desi485
    01-08 12:55 PM
    My employer has not provided copy of labor or I-140.

    I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?

    not having copy of labor or I-140 is an issue for AC21?


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  • mk6
    07-17 06:58 PM
    my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers

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  • chantu
    02-19 01:54 PM

    I have one question:

    My wife is currently working on EAD. I am a primary applicant. Can she apply for H1-B without jeopardizing our GC application?


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  • desi3933
    01-14 10:57 AM

    Not a legal advice.

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  • Ramba
    03-28 10:03 AM
    The research for this was conducted by the content team of IV. And as regards the big websites, Rajeev Khanna, Bender's online Matthew Oh all have provided references to IV's doc. So no need for any attorney to explain to the IV core team about this, since most of them have agreed and appreciated our efforts!

    I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.

    By the way is there any differnce between 202a3 and 202a5?


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  • pt326bc
    07-12 07:14 PM

    First (Original one):

    labor date: EB2-Aug-2002
    Labor approved: September - 2007
    I-140 approved: Yesterday (July-11-2008)

    485 not yet filed

    Second (approved labor from different company):

    labor date: EB3-Apr-2004 and labor approved
    140 filed: July 13 2007 - case is pending as of now
    485 filed: July 13 2007 - case is pending as of now

    I dont know what to do with my original green card one (whether to file one more 485 or not)

    Gurus help me with your knowlege which option i have to choose

    1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one

    2. file one more 485

    3. wait for the substituion labor 140 to be approved and transfer priority date and category?


    You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
    But confirm with you lawyer; this is not legal advice.

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  • perm2gc
    08-28 05:16 PM
    I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?Not at all ..


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  • svn
    05-10 07:00 PM
    Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India

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  • smssharma25
    12-05 10:44 PM
    Thanks!.. My job title in labor is "Computer and Information Systems Managers" & SOC code is "11-3021.00". The offer I have is for technical lead with around 40% hike. Will technical lead be considered as "Computer and Information Systems Managers"?. Future employer is a big co & I don't think they will be ready to adjust the job profile. Can I hear from anyone who had their labor filed for solution architect or technical lead role(soc code & job description)?

    If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
    You might get some idea of job description from the documentation you filled for labor but again will not be exact...


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  • ronhira
    04-17 05:10 PM
    Obviously it will fail...but at least we will do away with these "comprehensive" things and
    focus on piecemeal.

    they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir

    lets start the undocumented bashing party now......

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  • pmamp
    12-05 01:58 PM
    I found this link for LC case disclosure data. I don't see any case data for 2005 cases which were filed pre-PERM. If someone has that link please share.


    It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.

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  • willgetgc2005
    04-25 10:07 AM

    I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?

    __________________________________________________ _________

    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.

    01-09 11:26 AM

    06-09 01:43 PM

    Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.

    It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.

    Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.

    On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
    , it is at least a "65% Indian issue."

    In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.

    Take it easy.

    The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.

    Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real

    The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.

    Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.