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  • Googler
    07-18 10:13 PM
    Hi Googler,
    Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -

    Clockwork,

    The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
    I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.

    I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.




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  • Suva
    07-18 03:58 PM
    Can I join new company on my EAD after 180 days of I485 receipt date?? Yes you can join new company using your EAD after 180 days.

    One quick question:
    What is AC21 provision: is this a clause or any other application or ???? This is a clause.

    These are my opinion. It is better to consult with your lawyer.

    Can I join new company on my EAD after 180 days of I485 receipt date??

    One quick question:
    What is AC21 provision: is this a clause or any other application or ????




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  • cheg
    08-14 06:26 PM
    Correct! One can only file EAD or AP when applying for I-485 when dates are current or after getting I-485 notice.

    But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.




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  • whattodo
    06-30 12:58 PM
    My online status changed from approval sent to pending. Did you any further update?

    My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
    Did anyone else encounter this?



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  • CaliHoneB
    05-04 07:37 PM
    Hi Guys,
    In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..

    From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..

    I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
    I request IV to incorporate this in their agenda.

    Cheers




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  • GCBoy786
    07-05 08:00 PM
    http://news.yahoo.com/s/afp/20070705/bs_afp/canadaussoftware_070705193651;_ylt=Ajatybf8w57Zhcm Lg8h8JH1Quk0A

    Congress will not realize the importance of EB immigration until all of the s/w jobs are outsourced as manufacturing jobs...



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  • akhilmahajan
    09-20 04:21 PM
    is there any possiblity that the EB3-ROW from Bngladesh become current soon. can you tell any approx.....days. What about in October....i heard that the new visa will be available in Oct every year. Is there any quota for different countries....??????? thanks again

    Do you know who will be next president of USA?
    In this case, atleast we know there will be a president of USA, but in case of USCIS no body knows whats going to happen.

    about the dates being current, u need to keep on following the visa bulletin every month. If your date is not current then keep on renewing your EAD/AP. Also be ready to do FP almost every other year.

    If you feel frustuated join us in the fight.
    But if you feel that u have filed 485 and u r all set, then GOD HELP YOU.

    Please dont take my post in the wrong way, i am just trying to enlighten you to the world of uncertaintites in which you have entered after filing your 485.




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  • calboy78
    08-10 07:16 PM
    Sorry, I did not phrase it properly. Apologize.

    The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.

    What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.

    I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.

    Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!

    The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.



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  • ImmigrationAnswerMan
    06-30 03:06 PM
    Wish Good:

    Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.




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  • dilvahabilyeha
    08-09 01:50 PM
    As Per my knowledge it is not nessesary that all approved I140's will have a A#.

    Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.

    Regards.


    I don't think so, all the approved 140 Should have A# (alien reg number). Not sure where you attained your knowledge about all 140 will have A#, but couldn't think that's possible because 140 is where your identity is critical and giving a number at that time is more appropiate than the later stages. I'm not an expert on this subject but trying to use my common sense , which is highly relative though it's common ;)



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  • gcdreamer05
    08-18 10:03 AM
    hi tx1 thanks for your reply.

    But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)

    This is why it caused confusion for me. (even after reading 485 instructions)


    Also i read IV forums and saw attorneys recommend filing to the 485 pending center.

    So that is why i posted this question to the attorneys.




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  • saloni
    04-13 06:39 PM
    I am derivative beneficiary and have a EAD card through my spouse who is also on H1B. I am currently on H1B and my own I-140 has an RFE.
    I am getting an opportunity to venture into an non-IT business.

    Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)

    Will I loose my H1B status as soon as I use EAD?

    I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.

    Please advise.



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  • crzyBanker
    08-24 06:03 PM
    Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.




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  • suryamnb
    12-03 10:23 AM
    Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.

    Thank you.



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  • sanju
    01-20 01:41 PM
    Yes, it looks good, maybe that was done purposely ;-)




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  • gchopes
    11-05 01:41 PM
    Files Jul 27 w. TSC. No RNs yet. Called USCIS. Not in the sytem.



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  • visshy
    09-12 09:06 AM
    My wife's ead expires 10/02/2010. We applied for renewal/extension in july and requested expedition which was rejected recently. My question is :

    Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?

    Please advice.

    Thanks




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  • bijualex29
    03-24 01:42 PM
    As per the new proposed law:

    Total EB visa 290,000
    EB-1 EB-2 EB-3
    # Visa issued to each categories
    43500 43500 101500
    Max No of visa can be issued to each county ( India) 10%
    77000 among EB-1, EB-2, EB-3

    10% of Total EB + FB visa is 770000.
    Please refer to Visa Bulletin April, 2006, where the distribution of visa is clearly explained with example.

    2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320




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  • redcard
    07-16 09:27 PM
    Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
    I quizzed them about July 2007 revised visa bulletin etc.

    He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
    ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.

    :-) May be NSC approves application :-) as practically NO ONE can stop them..

    Again this is based on my call to actual live human being at NSC..


    I doubt this very much to be true...in case it is.. USCIS has a big problem in their hands.. they really need to clean up the house.. before the shi** hits the roof..




    deardar
    09-14 09:57 AM
    And why does your profile say "NO" for the rally?

    Cause i cannot make it to the rally.




    sertasheep
    09-15 01:57 PM
    Dear IV members,

    I am responsible for collating questions from members and sending them to our immigration attorney. Please follow the process outlined in the following thread:

    http://immigrationvoice.org/forum/showthread.php?t=1267

    - At this time, we do NOT have enough questions to justify a conference call
    - On the average, we require at least 20-25 "non-frivolous" questions to be able to justify our attorney's precious time (Please refer to the USCIS definition of the verbage "non-frivolous")
    - We have had internal discussions on whether the frequency of the calls needs to be changed from bi-weekly(fortnightly) to monthly at this time.

    Next Steps:
    - Please keep sending in your questions to legal_advise@immigrationvoice.org
    - Also see the thread http://immigrationvoice.org/forum/search.php?searchid=24014 wherein, periodic reminders have been posted requesting members to send in questions. Please keep them coming in so that we can have the next conf. call


    FAQs: I hope the following provides some transparency into the process:

    Q. What happens when a question is sent in?
    A. First level filtered non-frivolous questions are responded to with a unique Question ID that helps track the question through its lifecycle until closure. The questions are then compiled and sent to the attorney, who accepts/rejects questions based on relevance. Based on the critical mass, the next conference call date is determined. Setting up a conference call requires mobilization of several resources- dial in number, availability of a moderator, etc. After the call, the recording needs to be made available, and several volunteers work towards making the transcript available in a MS Word/Adobe PDF form. Considering our other work and social commitments, this process takes around 2 weeks at this time.

    Q. How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
    A. Sure, but we need more questions coming in. We need a critical mass of non-frivolous questions to be sent in. We have, in the past, requested members to send in questions via the "legal_advise@immigrationvoice.org" route instead of posting them on the forums.

    Q. Who are the people doing all this work?
    A. Coremember "logiclife" has been doing the co-ordination in the past but has been indisposed due to health and work reasons for the next several weeks. I ("sertasheep") have taken over the co-ordination of the question-compilation etc., overseen by waldenpond, stucklabor, vineet among several other IV volunteers during logiclife's hiatus.
    - (I don't want to reveal other names here without knowledge of their IV handles, will do so shortly after I get their IV handles and/or permission)
    - Vineet and/or waldenpond have been helping with the last couple of conf. call moderations due to availability and calendar conflicts.

    Thanks

    sertasheep

    (I've been down with shingles for the past few days, but that shouldn't stop me from collating the questions- so, keep 'em coming, and await announcement of the next conf. call!!)



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