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  • vijayfx35
    03-02 06:16 PM
    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.





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  • disco
    02-11 01:11 AM
    Nikhil2,
    I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.

    My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.

    I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.

    Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.

    Thanks


    I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.

    I spent a whole night and cannot find any info about this.

    Do you happen to know this? Any comments or links would be appreciated.





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  • jetr
    08-27 12:25 PM
    Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
    Thx

    140 Applied - 10/18/2007
    140 Approved - 08/02/2008
    H1 6 yr expiry - 03/23/2009





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  • indyanguy
    09-18 08:33 PM
    july 2nd filer. transfer notice receipt date is aug 30th. This is confusing! Can someone please clarify:mad:



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  • manish1905
    02-03 12:47 PM
    what if your flight delayed or you fall seek and couldn't travel.I believe it would be a risky move having only 2 days or margin.

    MS





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  • sk.aggarwal
    03-25 03:17 PM
    You need to go before filing labor in order to be eligible for one year extension.

    I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.



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  • legaleagle
    06-08 02:50 PM
    Thanks Dhundhun,
    I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.





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  • TUnlimited
    11-03 09:23 PM
    requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost

    Sounds like that attorney is complete idiot and never went through eFile things him(her)self...
    Because you paying with CC on eFile and they give you receipt for payment, receipt for filing right away and this is your evidence of reception. In other words, you know your case number from the moment you push the button and with eFile you wil not have such question - where to file. They will deal with that on their own. All other stuff, reception notice, FP appointment notice will come a bit later to address you wil put with forms.



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  • lonedesi
    07-14 08:38 AM
    Very interesting facts about last year's GC allocation for EB category. Here is the top 15 countries that used up last years GC under this category. Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.

    Philippines 23,733
    India 17,169
    Korea 10,886
    China, People's Republic 9,484
    Mexico 8,864
    United Kingdom 6,409
    Canada 6,382
    Brazil 5,553
    Ecuador 3,990
    Poland 3,710
    Colombia 3,242
    Pakistan 3,136
    Venezuela 2,308
    Peru 2,305
    Germany 2,197

    For people curious about the family based allocation, following is the top 15 countries that used up last years GC's

    Mexico 62,998
    Dominican Republic 17,563
    China, People's Republic 16,573
    Philippines 16,020
    India 14,525
    Vietnam 12,781
    Jamaica 6,218
    El Salvador 6,003
    Guyana 4,954
    Colombia 3,828
    Pakistan 3,777
    Haiti 3,624
    Bangladesh 3,384
    Ecuador 3,095
    Poland 3,051

    These & more interesting information can be found in the spread sheet posted by DHS on their website
    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls





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  • delhirocks
    06-21 06:09 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D

    nice..



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  • gchope2k6
    04-27 12:42 PM
    Hi all,

    I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?

    Thank you !





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  • Desi4GC
    08-07 08:47 PM
    Hello members,

    I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
    How should I present this on form I-485 (question about citation/arrest)?



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  • m306m
    08-13 10:24 AM
    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.


    Yes Right, Hats off to Mr. Phelps.

    in other olympic news,
    Alicia Sacramone was heart broken because of 2 major faults last night which contributed in the US not winning gold.
    Katie Hoff didn't swim well and came 4th in the 200 meter medley

    In other news,
    And yes, Russia should not be invading Georgia. I think McCain is right.
    Also, A building collapsed in Mumbai
    Further, 3 aid workers were killed in Afghan attacks

    Oh and for more news, we should visit www.cnn.com

    Now, how is all this going to help me get my GC sooner.. hmm..:confused::confused:





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  • gcfriend65
    12-07 02:50 PM
    USCIS is updating their system, starting today evening, till monday morning. Maybe this will take care of the problem.
    I got the same message for my I-485 application. I called the customer service representative and she transfered me to Immigration Officer. The Immigration Officer is so kind. He told me that there are two different systems in USCIS , one in mainframe system and another is DB2 System. My case is on Mainframes system so it will get transfered to DB2 System as they have few problems in updating.

    I too got my receipt numbers 8 weeks back, but still i am getting the same message.

    Thanks,
    babu work.



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  • ganguteli
    05-28 01:22 PM
    How about Lawyers reducing their fees?

    We are all paying so much to lawyers and that fees is much higher than what USCIS charges.

    Why can't lawyers run a campaign or post on their blogs to reduce their fees.





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  • Shams
    10-24 03:04 PM
    Axilleus,

    My EAD status changed to "Card Production Ordered" on 10/15, changed to "Approval Notice Sent" on 10/20. I have received my card today (10/24).



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  • DC ASH
    09-20 10:14 AM
    My corporate attorney told me that one is okay as long as one doesn't sya beyond 180 days from expiry without applying for a renewal, so you have 6 months to apply.

    Better check with an attorney, but I am sure you are just fine.

    Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
    Are you saying that one can apply for extension within 180 days of H1b expiry date !?





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  • Sunx_2004
    07-06 10:58 AM
    Can someone please provide the format of the affidavit.

    Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.

    However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!





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  • vin13
    03-09 12:30 PM
    I know that with H1-B, one is not supposed to run his/her own business. But how about with EAD?

    Yes, you can run a business on EAD.

    You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.





    thatwillbeit
    05-24 08:47 PM
    Hi Gurus...


    I am one of the July 2007 EAD filers and did not file for AP at that time.

    So I am in the process of the renewing EAD & Applying for AP for the first time.

    I have couple of questions..

    do you get Finger Printing for EAD Renewal ?

    do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]

    Your help is much appreciated





    isthereawayout
    02-22 11:30 AM
    I am trying to port from EB3-EB2 from the same employer.

    Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:

    Required: BS+3
    MS+1 also accepted
    Experience in technologies A,B,C,D

    I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.

    Required:MS+1
    Experience in technologies A,B,C,D

    Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
    Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?

    Any replies are really appreciated.



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