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  • vnsriv
    03-27 11:02 AM
    Hi All,
    My gc was filed in Jun 2002 under EB3. I had approved labour and I-140.(in feb 2004).
    I had filed my I-485 in June 2005 and got EAD in one month. I got married in Jan.
    So is this correct that I can file my wife's case only when priority dates become current?
    Now the real question is how do I keep track of this.

    Option 1

    On US buletin, as of April, http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html

    All Chargeability Areas Except Those Listed CHINA INDIA MEXICO PHILIP-PINES

    Employment-Based
    1st C 01JAN04 01JAN05 C C
    2nd C 01JAN03 01JUL02 C C
    3rd 01MAY01 01MAY01 01FEB01 08APR01 01MAY01

    So I should look at wait till my priorites date become current?(change from 01 Feb to Jun 2002) Is that correct?




    Option 2
    https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont

    I-485 Application to register **** Employement Based adjustments application March 01,2005

    Does it mean if I-485 dates move from March 01 to Jun 2005, I can file my spouse's case

    Please suggest which is the correct way to keep the track

    Thanks a lot




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  • sushilup
    08-22 10:37 AM
    Hello Guys,

    I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)

    I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D

    What other people think?




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  • senk1s
    02-24 03:03 PM
    http://www.irs.gov/taxpros/article/0,,id=165705,00.html

    This is what i found on the irs website - still havent decided whether to e-file or paper file




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  • yabadaba
    06-18 11:50 AM
    Hi Guys:

    Had some questions with regards to my actual 485 form.

    situation:

    2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)

    2003-2004 - OPT

    2004-2007 - 1st H1 (never got it stamped)

    2007-2010 - 2nd H1 (stamped last month in canada)




    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94



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  • jack_suv
    07-19 12:21 PM
    Hi all,

    After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.

    Pro:
    The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.

    Conditions:
    1.Maintain H1 till you bring spouse to USA on H4
    2.your spouse changes to f1 or h1 later after coming to usa
    3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.

    Cons:
    1. Your GC is approved before you get married - very bad situation.
    2. You are married but cant bring spouse on valid H4 if you dont have valid h1
    3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
    4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?

    The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following

    1. get married before GC is approved.
    2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
    3. Move spouse out of H4 into other visa.
    4. You Use EAD to get a different job.
    5. When PD becomes current, spouse applies for 485.


    Potential hiccups in this solution:
    1. USCIS does not like that you used EAD and shifted employer.
    2. Practical problems on getting a company to hire you on EAD.
    3. Doing a status change for spouse.

    If unmarried does not file 485 now::

    1. Be in H1 for a long time with same employer based on your PD.


    ==========

    As I see there are 4 categories of unmarried people

    1. Satisfied with current employer ; PD is in 2004 or 2005.
    2. Satisfied with current employer ; PD is in 2006 or 2007.
    3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
    4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.

    What are the recommendations for these 4 groups of people?

    Finally one has to consider layoffs or firings!!

    Experts please review the scenario and give your opinion on the above way.

    Thanks a lot. Welcome to the land of dreams and opportunities.




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  • GC_ASP
    07-20 07:39 AM
    If u r not married, its better to change the job using H1b transfer and use Ac21portability to continue the GC process ( new job should be similar). You don't have to use EAD. Once you start using ur EAD, you loose ur H1B status automatically and it would be hard to bring your wife on H4.

    Here are the answers for ur three questions.

    1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.

    2. I think you can get H1B extension using 140 approval.

    3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.

    I hope I answered the all your questions.

    one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.

    Never use AP if you are unmarried.

    This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!



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  • GC_ASP
    07-20 08:25 AM
    You don't need any support from your ex-employer for your wife's 485. But you need your 485 receipt for this along with the affidavit and marriage certificate.




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  • forgerator
    10-23 11:11 AM
    Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

    secondly can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform u? do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?


    thanks n sorry for the multi threads !!!!

    I was given a slip from the officer and told to collect the passport on Friday at the consulate at 2pm. The slip had same information as well.

    Read my full story here :)
    Successful H1B stamping at Vancouver - Pakistani - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=3611048902&r=3611048902#3611048902)



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  • gc_chahiye
    07-22 01:22 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?

    I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.




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  • sanju_dba
    09-15 09:58 AM
    Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.

    so, with 1000 ppl...20 per months. = 20K.

    In that case as h1techSlave said, 50% logic goes good irrespective of the target amount.
    let it be 20k....200k , half the share goes to IV and half to the winners.



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  • Leo07
    05-14 02:53 PM
    Bump^^^^^^^^^^^^^




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  • insbaby
    11-21 11:07 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?.

    You should take a copy of the I-797's and detach the portion of it and staple with the existing I-94. If you read the I-797 carefully, they mentioned it to put it in your passport, means, all I-94s must be handed over before you leave. Sometimes, you may have different I-94 numbers, so it is better to give all I-94's.

    You can not do anything by retaining those I-94s after you leave, just take a copy and give them back.

    BUT, make sure that it is in valid period. If you have got a new I-797, where the period has not started, DO NOT GIVE IT BACK, take it with you to the consulate. Give I-94's only up to the period you are leaving.



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  • anand3597
    12-13 05:56 PM
    Hello,

    We (my wife and I) got our CPO emails on Dec. 1st. In the US since 1997. Hopefully the details below will help you:

    1. Called Nebraska service center weekly for last ~2 months to check progress of I485
    2. EB3 (Aug. 19, 2004) to EB2 PD porting request sent in Mar. 2009
    3. Oct. 2009- was told that I485 review will need to wait till EB2 I140 approval notice is transferred from National visa center to Nebraska center.
    4. Nov. 2009- sent letters to senator and congressman requesting assitance.
    5. Nov. 20- soft LUD
    6. Dec. 1- text message and CPO emails
    7. Dec. 7- received green cards in mail

    I think the POJ calling method helped us the most in identifying why the PD porting request had not been approved and move the process ahead.


    regards,

    anand3597

    donated to IV




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  • apahilaj
    12-31 01:32 PM
    No FP notice either. Check signatue for more details.



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  • iam4u4ever
    06-05 05:26 PM
    thank you




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  • whitetiger0811
    01-12 10:34 AM
    AB1275, an update on your case? How did the MTR go??? Please provide more details and update.



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  • amsgc
    07-23 12:08 AM
    Did you send them a copy of the approved I-140 and request them to port the PD?
    Also, do you know if your previous I-140 has been withdrawn?

    All,

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

    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




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  • hiralal
    05-10 09:29 PM
    since I have lot of reds ..I will post less frequently ...but my view is that we need several campaigns and mass participation !!
    so in addition to lobbying efforts ..we probably need letter or flower campaign ..for letter, we need to send it to media or congress too ..
    I had another less expensive and local idea ..but it need mass participation ...it is as simple as meeting your local realtors ..show interest in buying a house, show deep interest (even if you are a home owner) and then back out at the last moment ..saying that you were expecting GC this summer but it has been delayed due to visa wastage ..and hence you are backing out
    who knows the NAR and Yun may start talking about faster GC's !!!
    (remember simplicity works ..thats how Newton discovered the laws of physics !!)




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  • mymyanmar@gmail.com
    08-11 11:39 PM
    I got the document at my new address mentioned in my quoted post below. It turns out to be FP notice. But the weird thing is they said they will contact me when appointment is available and it'll take 4 months.

    Does anyone know why is that?

    Thanks,
    ROW Guy

    Hi,

    I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.

    And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.

    So my questions are
    1) Can my 485 case be approved without FP?
    2) Is infopass the only way to find out my address change is updated in their system?

    Any reply is highly appreciated.

    My info
    EB3 ROW - PD 2005, Mar
    485 filed on Jul 5, 2007.

    Thanks in advance,
    ROW Guy




    pointlesswait
    01-08 03:25 PM
    since it was a techslaves personal proposal.. i bet he didnt think it through..;-)



    from an old article: http://heather.cs.ucdavis.edu/H1BSummary.pdf?popup=false

    Here is an outline of my proposal:
    � To be eligible to an H-1B, the employer would be required to have not have laid off Americans
    in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
    workforce.
    � An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
    Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
    employer would have automatic permission to hire the H-1B.
    � The wage paid to an H-1B would be required to be at least the national median for all workers in the
    field, including those with all levels of experience.
    � After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
    of the H-1B who was hired.33
    � The visa would be valid for 3 years. During this time, the worker could move from employer to
    employer at will, providing that each new employer goes through the 30-day ad procedure on the
    DOL database.
    � If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
    worker would be deemed as having proved his/her value to the economy, and would automatically be
    granted permanent-resident (i.e. green card) status.
    � If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
    required to leave the country within 15 days.




    anilsal
    01-14 12:04 PM
    I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.

    Thanks again to everyone for the suggestions.

    Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.

    So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.

    You would have saved filing fees and medical fees.

    But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.



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