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  • yabadaba
    04-17 02:58 PM
    the perm user manual is pretty detailed.

    What happens is whenever an application is created... a case number/application number is created with T as the prefix (T-123-4567)

    as soon as the information is filled out, everything is updated, all boxes are checked and the lawyer submits the form/application... the case number/app number changes to (A-123-4567 or C-123-4567) for either Atlanta or Chicago (based on where u live).





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  • indigokiwi
    04-17 12:50 PM
    ^^^^^^^





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  • bobzibub
    10-06 01:27 PM
    Attempting to get USCIS to post a page like that would be like squeezing blood from a stone.

    Example: When AILA asked USCIS whether moonlighting on an 485 derived EAD voids your H1-B (when you also keep your main job) seven months ago, they "take it under advice" but haven't bothered to answer the question. I've asked my lawyers and they are unwilling to say either way because they think USCIS could rule on it some day.

    Leadership. They've heard of it.





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  • desi3933
    06-23 12:38 PM
    Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more

    A

    This is correct.

    However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.

    The only requirement is the other I-140 must be approved and active
    and it must belong to same beneficiary.

    Not a legal advice.



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  • insbaby
    07-31 01:13 PM
    Dream:
    EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)

    Happened:
    EB3 I - OCT 2005 - 01/JAN/98
    EB3 I - OCT 2006 - 22/APR/01
    EB3 I - OCT 2007 - 22/APR/01
    EB3 I - OCT 2008 - 01/JUL/01

    Expected:
    [Deleted as people take it seriously]


    Here is the updated content:
    EB3 I - OCT 2009 - God Only Knows
    EB3 I - OCT 2010 - God Only Knows
    EB3 I - OCT 2011 - God Only Knows
    EB3 I - OCT 2012 - God Only Knows
    EB3 I - OCT 2013 - God Only Knows
    EB3 I - OCT 2014 - God Only Knows





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  • kumarc123
    01-16 10:12 AM
    can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....

    I appreciate your humor along with all other IV members who have enjoyed the joke so far. But humor wont help us, but our diligent and focused measures, if you have something more than humor please join us, if not please don't make fun of our measures.


    I humbly request everyone to start calling.

    Thank you



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  • smuggymba
    08-10 08:48 AM
    Friends

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice

    Thanks

    We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.





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  • supers789
    07-14 04:18 PM
    huh! looks like either not many ppl received audits.. or not many received response back ??



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  • NolaIndian32
    08-06 01:07 PM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    Hi Wandmaker,

    Congratulations on getting your approval and green card.

    Could you please decode your Case Number using the info in another thread on this site - and tell us what year and what day your case was received by the Service Center?

    Thanks





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  • GCNaseeb
    11-14 11:18 PM
    I just wanted to check up with local USCIS office, if they have any other options besides re-applying. When we informed USCIS they sent us the letter that the typo was attached to my case. But EAD and AP were already ordered. I am going to carry the USCIS letter and my original EAD and AP. I will have some definite direction what to do next - whether to return it or start using it.

    I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.

    My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.



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  • Munna Bhai
    11-14 09:56 AM
    Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?

    The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?

    Thanks!

    Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.

    Hope this helps.





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  • dpp
    01-07 08:25 PM
    B. Provisions in Cases of Revocation of the Approved Form I-140

    Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

    As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.



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  • vinnysuru
    03-28 04:10 PM
    Hi Guys, I am planning to go to Ottawa for stamping. Do you know the email address, I can send this request to? Thanks





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  • designserve
    02-06 05:19 PM
    Ask him to go to hell!!!

    Pls go on and join wherever you like and tell him this is a free country like India.Go to a lawyer and sue him if he talks any further...Not to worry,my friend.



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  • peer123
    04-04 01:37 PM
    Thanks for your inputs,..





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  • glus
    11-06 02:30 PM
    If I renew my H1B can I avoid visa stamping by using the AP travel document.

    I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?

    I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?


    Thanks to all for the responses.
    If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.



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  • nareshdin
    04-08 02:52 PM
    Hi,

    Have you hear anything from USCIS after you sent your FedEx reciepts?

    I am also in the similar kind of situation.

    I had applied for H1 extension in month of Jan 2009, and got RFE in the month of Feb,
    later my employer sent the required documents asked by USCIS.
    On Apr 3, H1 B extension status has been changed to "Denial Notification Sent",
    and yet to know the reason for Denial.
    My present H1 is valid till mid of next month. Now my employer is re applying for new extension as my I-94 valid for another one month. Can any one suggest if you see any risk if same employer re applies for extension again? If so let me know any other options.

    Thanks..





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  • mps
    08-15 05:00 PM
    :p You just killed spirit of "AC21"

    :D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

    I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let�s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?





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  • lostinbeta
    10-03 01:45 PM
    mwwwwwahahahahahhahahhahhhaaaaa :evil:





    sreedhar
    08-22 01:35 PM
    Hello Guys...,

    I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.

    -Sree





    jr8rdt
    01-07 02:51 PM
    casinoroyale - can you clarify, you are contradicting yourself.

    your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.

    your second email says:
    Ok, after using AP there are two ways in order to reinstate H1B status.
    1) By applying H1b extension after entering on AP
    2) going out of country and entering with valid h1b visa stamp.

    -can or can't we use H1 after using AP.
    -what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?



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