Tuesday, June 7, 2011

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  • mmanurker
    09-25 04:45 PM
    I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."

    Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?

    Would appreciate any opinions on this matter. Thank you.

    Do you mind sharing the name of your lawyer?

    yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.




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  • mrane1
    10-26 03:39 AM
    ???like a week before?

    My wifes date was sept 13, mine was 15th... I never received the original copy of FP.. Howevr my lawyer received it and she send a me copy. She told me the copy should be fine... when I went there on the 13th the security guy wouldnt allow me saying my date was sept 15th and that I didnt have original copy :rolleyes: I said my lawyer told me that a copy should be ok. He said your lawyer is not incharge of doing FP. :mad: I said I want to talk to an officer... There was an officer who was watching this... he told the guard to let me in... After that it was all smooth sailling... was done with my FP in about 15 mins... Received approval notice on 16th (Yes 3 days!!!) Had my gc on 18th!:D My wife who is the secondary got 2 LUDs on her 485 but no approval... I guess she is stuck in the name check... what is strange is that most ppl who have their approvals have their EADs and APs rejected! In my case however they send both last week... over a month after 485 approval :rolleyes:




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  • softcrowd
    02-07 09:46 AM
    As many people stated already, Parents do not qualify for H4 status. They can come here on Visitors (B2) visa but that way their stay here can not be more than 6 months & frequent such stays also raise a red flag.

    So, unless one becomes Citizen - I can't think of an alternative to bring parents on a permanent basis. I wish there is a way too!!




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  • punjabi
    09-10 02:54 PM
    Hi javans,

    I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.

    Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.

    You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.

    I have myself not done it, but I have met few people in the past who did that.

    And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).

    Hope it helps.

    Good luck!

    Thanks for the reply Veni001. Can anyone please answer to my second part of question i.e. online degree course.

    Thanks,
    javans



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  • uslegals
    01-27 01:48 PM
    We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.

    I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.

    Thanks everybody.!

    EB-II (India)
    PD - April 2006
    Filed 485 (spouse & myself) - July 2007
    485 Approved / Cards recd - January 2011.




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  • dxldad
    05-12 01:25 PM
    Hello,
    I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.

    One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?

    Another doctor said she can do a blood test and determine if she needs the shots.

    Any body in the same situation?

    Check with your OB/GYN for important matters like this. Also, we had taken most of the vaccinations in India and they could identify the antibodies through blood tests. You could even get the blood tests get at your PCP earlier. Also, check webmd.com. It is a good resource, or you could call up the nurse line that most insurance companies provide now.



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  • rbharol
    01-21 09:13 PM
    However it is sad that only 154 members have thus far contributed in the past 1 week despite all the effort to raise funds.
    Most affected are Chinese and Indian members...I don't know much about Chinese but I know from experience that it is hard to get money out of Desis...
    They have a multiplication factor inbuilt in their minds 1$X44 = 44 Rupees!!!
    So sad.
    I am a desi too. So do not get offended.




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  • boston_gc
    06-05 08:33 PM
    I am in the similar situation. I think we should be fine not renewing it as long as we don't use it.

    Does anyone else has comments on this?



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  • sunny1000
    10-10 01:35 AM
    The reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)

    You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.




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  • chanduv23
    03-31 02:52 PM
    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.

    Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.



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  • GCBy3000
    07-18 04:46 PM
    This is ridiculous for the JUNE 2001 PD. They kept it and slept on it all these years and now denied without notice.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.




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  • ski_dude12
    08-09 01:09 PM
    The top reason would be-

    "We are the USCIS".

    What say?



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  • vparam
    10-05 10:25 AM
    Need some advice from you all. I concurrently filed for me and my wife's I-485 along with EAD, AP and I-140 for each on Jan, 2007. At the time, I was on my H-1B, however, my wife's H-4 was expired as of Dec. 6, 2006. The reason for this is because I had changed jobs earlier, and the lawyers never filed for her H4 transfer. Only my H1 was transferred to the new company, and she was still on her old H-4.

    She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?

    So, here's the timeline:

    June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
    Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
    Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
    Apr, 2007 - Both me and my wife got our EAD and AP approved
    July, 2007 - I got my 140 approved

    Currently - waiting on our I-485

    Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?

    Thanks a lot.
    H4 visa could be expired but was she having a valid I-94? I-94 is the one which validates her stay, if she had a valid I-94 then it should not be an issue...




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  • h1bdude1
    03-23 03:53 PM
    one more question Plz. Sorry for bugging.

    I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
    will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.

    thanks
    h1bdude1




    I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.

    A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.

    USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.

    Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.



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  • lostinbeta
    10-21 04:13 AM
    Hey, this is MY thread and I will delete any argumentative posts about sports teams :)

    I personally don't root for any team. Not much of a sports fan.... odd really considering every guy in my family is, but then again I am nothing like anyone else in my family... so that could be why.




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  • shortchanged
    08-09 02:04 PM
    For the benefit of people (like me ) who filed 2 sets of I-485s on same underlying I-140, during the July 07 fiasco, I am posting this info.

    My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.

    My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.

    I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
    Any way I am not withdrawing these apllications myself,to avoid any confusion.

    Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
    I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.

    My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.

    Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
    I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals



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  • hopelessGC
    11-10 01:26 PM
    I'd like to know the answer to this one as well. There are people who have invoked AC-21 and would like to know how they went abou this.




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  • desibechara
    09-22 07:48 PM
    hi:

    I am not on I140 now but in my situation ( whenever that comes, if that comes!)..I have been working for my current emplyer for 7 years and if I were to file I140 tomorrow :) ..am I supposed to look & get the job experience from soebody I worked around 7 years ago...they don't even remember me!



    my situation- labor filed Oct 2001( after 9/11 happened, I could have applied earlier but for my stupidity!)..(my attorney filed in EB3 ..and I do not know why..)..and I am stuck in the mud now...

    please let me know...because I will have to really folow up on them..

    Sandeep




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  • Leo
    07-16 12:36 PM
    This means that an officer is looking on your file and probably take a decision on it. Whats ur priority date?




    funny
    10-01 05:01 PM
    Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.

    Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.

    But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...




    alkg
    08-06 08:35 PM
    1% to 5% cases are listed in .

    Aug 6, 2008 @ 6:30PM EST:

    For EB2 chargeability India: So far in Aug we have 36 GC approvals listed in .

    TSC 34( cases) - 680(based on 5%) to 3400(based on 1%)
    NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)

    Aug 5, 2008 @ 5:00PM EST:

    For EB2 chargeability India: So far in Aug we have 25 GC approvals listed in .

    TSC 23( cases) - 460(based on 5%) to 2300(based on 1%)
    NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)

    What is does 1% to 5% means ?



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