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  • rajs
    12-09 06:49 PM
    I GOT MY WELCOME LETTER DATED 12/5/09 AND A EMAIL THAT MY 485 HAS BEEN
    APPROVED & CARD SHOULD BE IN HE MAIL SOON.:p
    MY QUESTION IS
    WHILE MY 485 WAS PENDING I GOT MARRIED AND AS MY PD WAS IN DATE
    WE FILLED MY WIFE'S 485 IN 07 SHE GOT HER FP DONE ETC..
    THERE IS NO CHANGE IN MY WIFE CASE STATUS SO WE CALLED TO FIND OUT BUT THEY HAD NO REPLY FOR US
    HOW LONG DOES IT TAKE FOR MY WIFE'S CASE TO GET APPROVED?
    HAS ANY ONE EXPERIENCE THE SAME?

    THANKING EVER1 FOR THEIR SUPPORT





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  • leonqiu
    06-14 07:40 PM
    First, Congrats to everyone and IV Core Team!!

    Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).

    My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.

    My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?

    Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.





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  • thamizhan
    07-17 10:29 PM
    This is like giving them a small window to file within 10 days in the old rate other wise....pay the big chunk.

    Good tactics....it will be difficult for the people who do not have any medical appointments and other documents that need to come from other countries !!





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  • andycool
    07-18 11:05 AM
    here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.

    (note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)

    1. landed in the united states on f-1 visa -- september 2000.

    2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.

    3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)

    4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).

    5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.

    6. graduated with advanced degree (and high academic honors) in december 2006.

    7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.

    8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.

    9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.

    10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.

    11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).

    12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.

    13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.

    14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.

    15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).

    16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!

    17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.

    18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!

    notes in conclusion:

    1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)

    2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.

    3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.

    4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.

    5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"

    reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!

    Dude ,

    Its indeed a long Journey ....

    Enjoy

    Thanks



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  • RDB
    08-28 02:39 PM
    Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!

    mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.





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  • virtual55
    07-29 03:28 PM
    In Texas Service Center, they are not processing I-140 cases filed in the month July end and August. They kept the side. God knows about their future. But they are processing 2008 April and may cases also.


    Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.

    It is not fair.


    This is true, they are not processing I-140's filed during July 2007,Aug 2007,June 2007 time period. USCIS has become another backlog center and no FIFO. I hope IV leaders are bringing this issue in their meetings with USCIS.



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  • BMS1
    08-02 11:24 PM
    In my opinion USCIS is not very strict on the RFE deadlines. I was late by 3 days for an RFE on my I140. They accepted. But that was more than a year ago. May be, it depends on officer.





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  • lazycis
    12-05 04:25 PM
    Correct. PR does not have an expiration date. Even though GC itself has a validity period, failure to renew it does not have effect on your PR.



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  • rajuram
    11-04 09:19 PM
    I don't think that is possible......unless you filed it and it got returned...



    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?





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  • webm
    02-24 03:10 PM
    In 2-3 weeks span..



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  • alex77
    10-07 04:55 PM
    Folks, Please let me know if anyone knows where to send G-28 form if one wants to revoke attorney and be one's own representative?





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  • Prashanthi
    06-23 05:53 PM
    On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.



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  • nosightofgc
    08-16 07:53 PM
    First make sure if that was an arrest record or some thing else. During the interview process, they will ask the standard questions on I-485 form, which are like have you ever been arrested etc. Even though your lawyer may not present, you check with your lawyer what to answer for those questions. Even though you may not be knowing exactly what it is, it is better to get it clarified rather than learning during the interview process.

    Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)

    It was my wife's mistake actually, she did not declared meat products in customs form.

    In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?





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  • nk2
    08-04 12:17 PM
    My EB3 140 is pending from August 2007



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  • ganesha
    02-20 06:15 PM
    Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:

    My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.

    Contacted his HR. they say, they are waiting for reply from law firm.

    Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
    Thanks.





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  • green_mile
    09-14 01:41 PM
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  • jungalee43
    03-25 07:01 AM
    Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already written to TOI for publishing this and urged them to stop helping anti-immigrant groups by publishing such articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.

    http://timesofindia.indiatimes.com/articleshow/1463861.cms





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  • nk2
    08-04 12:17 PM
    My EB3 140 is pending from August 2007





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  • markelli
    02-26 11:34 PM
    Anysia,

    Hi! Do you think this rule will apply if you were to apply for H1-B extension? I'm a PT too and my H1 will expire in October. My I-140 petition was filed last December and was approved this February. So I was wondering if USCIS uses the same standard for H1-B and I-140s. Which service center did you apply to? I'm really scared of what's happening. I hope that you get thru this....





    rogerdepena
    08-01 10:47 PM
    These are applications entered into the system on August 1st, not the ones received on August 1st.


    i disagree, they usually put the date of receipt in there and not the encoded date.





    pa_arora
    07-23 04:24 PM
    You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.

    I would say its worth giving a shot.

    [You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]



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