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  • casinoroyale
    04-02 09:52 AM
    My attorney is saying they can file MTR on "USCIS's own motion" with that we don't have to pay the application fee of $585? This is something new to me, but I trust my attorney.

    Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.





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  • sertasheep
    04-03 05:51 PM
    Jinger,

    You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.

    There is no solution, other than legislative change to the objectives listed by the IV team.

    you should visit kamya.com for spouse related issues.





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  • go_guy123
    03-12 03:33 PM
    Surely we know each other then!! :)

    Compared to US, Software Engg position in India sucks a lot. It makes sense only if you are a manager in India. I know batchmates went to work in Texas Instruments in Bangalore and after a year or 2 later, got frustrated with the insfrastructure etc there.





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  • addsf345
    11-20 04:21 PM
    Co-sufferers,

    Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?

    There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?

    I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:

    Thanks all for sharing.:)

    I personally know one my co-worker and other a friend's friend. Both from India & didn't even informed INS (now CIS) about job change. No RFE, they did recieve their GC without any issues.



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  • gtg506p
    03-22 12:22 PM
    Hi,
    We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply.
    Amar





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  • rdehar
    02-10 03:17 PM
    Whats is your PD, Category and Country of Chargeability ?



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  • veni001
    12-28 11:07 AM
    To get H-1 extension you need to have one of the following
    Approved PERM labor (not expired)
    PERM labor pending for 365 days or more
    Pending I-140 or
    Approved & "Valid" I-140

    If you can not produce any of the above then "no" H1 extension beyond 6th year.

    On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.


    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?

    Question

    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) ��

    Thanks
    KPR





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  • msp1976
    02-08 05:13 AM
    Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....



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  • nhfirefighter13
    May 31st, 2004, 07:41 PM
    LOL ! :D

    Travel on AP after job change and AC21? [Archive] - Immigration Voice

    View Full Version : Travel on AP after job change and AC21?






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  • rsayed
    09-07 09:45 AM
    Dood...

    Nothing to worry - Receipt Notice(s) will be issued when they will be issued. We can do nothing about it. I'm in the same boat - My application was mailed on Jul 24th and received on Jul 25th. No news so far - My Lawyer says, we should wait another month or so...

    Take part in the Rally - It is our Cause!!!

    :(My comapny send my package to Nabraska Center (received on 26th July)!!

    None of my checks have been cashed and also I didn't receive any receipt so far....

    IS IT Normal?? Any one in the same boat!!

    Please update!!
    Thanks



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  • Audi Q7 3.0 TDI



  • mhtanim
    08-08 05:39 PM
    This is odd! California Service Center has stopped processing EB I-485s long time ago.

    Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.

    I highly doubt if the IO (if that's what s/he was) really knows anything.





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  • EB3_SEP04
    08-25 12:29 PM
    As for as I know USCIS local office has stopped issuing interim EAD some where from 2006.
    The only option we have is to request for expedite process which we can do by calling the USCIS customer service number. This you can get it in the USCIS website.

    I think we can get the infopass only if 90 days has passed or if your EAD is going to expire soon and you need immediate attention.

    Thanks buddy!
    BTW, How to get an INFOPASS appointment?



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  • lskreddy
    08-14 02:18 PM
    I am planning to do that early next year when I go up there for a six week vacation. Thanks for that feedback.





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  • GCBy3000
    07-26 12:18 PM
    Only talk and no action. I thought lots of immigrants and IV members are there in TEXAS. Where are those guys?



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  • bp333
    11-04 10:14 AM
    Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?

    Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.

    If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.





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  • Atmaram
    07-16 02:42 PM
    I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?

    Thanks


    Why yes! Didn't you get the memo?
    What this means is that somebody at USCIS probably ran out of TP at home.



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  • glores1970
    09-22 08:25 AM
    Hello,
    Anybody has information to offer for such a case ?
    Thanks.





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  • mdipi
    11-16 08:02 PM
    well i came with my head held high!





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  • Sachin_Stock
    02-02 10:00 PM
    Thanks for you concern.

    I would appreciate it if you can answer to my specific question. :)





    satish_hello
    08-21 10:45 AM
    Hi All,

    Can we follow up case details only with WAC Receipt from both TSC and NSC.

    Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC or TSC.

    Thanks





    rahulpaper
    11-17 07:48 AM
    Your priority date should be prior to cutoff date in visa bulletin to file a 485.

    Also...your priority date should be prior to cutoff date in visa bulletin for you to get final approval (visa number and green card).

    The administrative processing (FP/NameCheck etc) continue if the cutoff date retrogresses after one has filed 485 but the final approval will not happen untill your PD is greater than cutoff date in visa bulletin.



    I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?