Thursday, June 30, 2011

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  • coollife
    03-04 12:21 PM
    I have my H1 filed in 2008. Due to the market situation, I didn't go for H1 stamping and was never active on H1 so far. I entered US in March 2009 on H4. Now I got a project and want to go for the H4->H1 COS.

    I would like to know the steps/process for H4 -> H1 COS.

    I know my employer is the best person to answer this. But, the problem is whenever I ask any details, he always tries to abstract the info.

    If there are sequence of steps, after which step one is authorized to work? I tried getting the info online, but couldn't . If any of you can give me a pointer or explain the process in detail, it would be very great and helpful.

    My employer has applied for LCA. He says that he would initiate the COS process as soon as he gets the LCA. And my employer says that I can start working as soon as he files for COS and no need to wait for the approval. I want to make sure that I don't run into any legal issues. Once the employer has initiated the COS process, is there a way one can track the status and also to verify the status after the completion of the process.

    Also, please let me know how much it would cost for normal and premium processing and also the time lines for the normal and premium processing.

    Sorry for too many questions. But, please please do help!!!

    Thanks a ton in advance!!





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  • yestogc
    03-04 08:14 PM
    PLEASE FILL YOUR PROFILE COMPLETELY.

    Now your answers:
    1. ................ Yes just H1B xfer, they will extend it upto max of 3 more years.
    2. ..................Normally they ask for recent paystubs, but if it is within last 1-2 months it sails through well, w/o triggering RFE. Best option is to do H1b Tranfer under premium processing mode, that way in just few weeks you would know where you stand.
    3. ........................ either F1 or H4 or Visitor visa.





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  • AllVNeedGcPc
    05-12 10:59 AM
    Your PD is already current now:
    Visa Bulletin For June 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5452.html)

    Hi all

    My I-485 is pending(EB-3,India)since 2007. I changed employer & successfully ported PD on new I-140 approval in EB-2 category. My PD is in Oct 2006 & I expect that to become current in the coming few months.

    Now, I need to do Interfiling to link my pending I-485 to my new I-140.

    (1) What all documents/wordings are required for interfiling? Can someone pls provide a checklist?

    (2) Who should do Interfiling- Myself or "Attorney of File" on my original I-485 or my current attorney (who did my new I-140)?

    (3) Can I send my Interfiling request to USCIS even before my PD becomes current?


    Thanks
    Sameer





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  • newbie2020
    01-27 03:55 PM
    Thanks for sharing, It describes about Numerical limit not apply during Quarter which means spillover should occur quarterly. I don't think they follow that today.



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  • wandmaker
    11-13 08:24 AM
    Gurus,

    This is the latest 485 inventory posted on immigration-law.com. My PD is EB3 I 04/2002.

    Can anybody provide some information on how long the wait would be.

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)

    USCIS - Questions & Answers: Pending Employment-Based Form I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e170e6bcb7e3210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)

    Really appreciate,

    Regards,

    Teky.

    Considering the numbers and planet alignment; best case scenario, it will be 2 years from today. Please update your profile.





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  • qualified_trash
    07-18 10:47 AM
    If you filed your case 30 days or more before the date shown under the heading “Processing Cases with Receipt Date of” and you have not received a request for evidence, a decision, or another notice in the last thirty days, please call our National Customer Service Center at 1-800-375-5283.

    from the url

    https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont



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  • meridiani.planum
    11-03 01:31 AM
    inline..

    Hello IVians,

    I am with company A on L1B in the US. Company B is processing my GC for future employment. Now my L1B is up for renewal in December. There is a lot of paperwork that my company has asked me work on. In one of the questionnaires, I am asked if my labor / 140 / 485 is pending. I don't know what to answer.

    -- The truth.

    Does any of the forms for L1B renewal needs this info? Will it be an issue if I say no? Does USCIS really care?

    -- if you lie and USCIS finds out then you are in big trouble. Also, existing applications can be looked up at any time (Eg: while adjudicating your 485 they can go over your old L1 application).
    Atleast the visa stamping form DS-156 asks if an immigrant visa petition has ever been filed for you, so its not uncommon, dont know about L1.

    Pls share your experiences.

    Thanks!





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  • arkrish68
    10-02 12:28 PM
    it took 45 days for the cheques to be encashed for the EAD application when I sent it to the Lockbox facility. I beleive they receive the mails in one location and forward it to the appropriate center.



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  • singhsa3
    11-09 10:41 PM
    Folks,
    My I-485 is filled at Nebraska Service Center. Does anyone has the address where to send AC21 job change letter ?
    I plan to file it myself.
    Thanks





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  • senk1s
    09-12 02:21 PM
    to send applications to a wrong center and they'll(USCIS) move it around.
    I'm not sure of the dates, someone else might reply

    was your 140 approved at TSC? i read somewhere that 485 goes to the same place where 140 was approved. you may want to ask your attorney why they sent to TSC



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  • kirupa
    08-04 04:26 PM
    How can I link to a file or the xml in Blend 4?

    Second question, How can I add URL to the texts in Blend 4?


    Thanx :D
    You can use RichTextBox for inlining hyperlinks. It is available in WPF and Silverlight 4 projects. Your hyperlink can even be a path to a file :)





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  • siddar
    09-21 10:56 AM
    Your lawyer is very much on the point, H1B is valid only with the Job. Either H1B COS or H1B stamp outside US, you should have the Job offer in Hand, to be on H1B status.



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  • pokiri
    07-08 10:51 PM
    Hi,
    My wife got her H1B in Oct 2008. But could not work until date.
    We want to get her H1B transferred back to H4. There are NO pay stubs for her.

    I am on H1B with job. And I have my pay stubs.

    Will there be any problem in her H1B to H4 transfer without her pay stubs ?

    Thank you.





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  • ksairi
    08-15 11:21 AM
    I do not have receipt yet.



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  • Blog Feeds
    06-09 02:10 PM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjzY2BBNQ8Fux6-xXvPcY6Uxft3e9ainyngTKjQ9qeD8wnoS2bDr1NiuEmaHmY34yS5fB681FbAcGg7Z-VwfurYC-4ZtVcyd8aP-ow7t0zltelmxDbx0hC3FytSzESyhEbd5K6JQA4UwyGX/s200/gay+wedding.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjzY2BBNQ8Fux6-xXvPcY6Uxft3e9ainyngTKjQ9qeD8wnoS2bDr1NiuEmaHmY34yS5fB681FbAcGg7Z-VwfurYC-4ZtVcyd8aP-ow7t0zltelmxDbx0hC3FytSzESyhEbd5K6JQA4UwyGX/s1600-h/gay+wedding.jpg)
    Sen. Patrick Leahy ( D-Vermont ) introduced the Uniting American Families Act ( S. 424 ) earlier this year; it has 18 co-sponsors. The bill would allow same sex couples the same immigration rights as married heterosexual couples. Passage of the bill is likely to be tied to overall immigration reform.


    At the moment, same-sex partners of legal immigrants do not have the same rights to dependent status that heterosexual spouses get. This is true even if the couple is legally married in their home country. Often, the "dependent" partner must apply for a B-2 visitor visa at the consulate, to accompany his/her partner. This visa is discretionary, and consulates could refuse to issue it. In addition, B-2 status does not allow the dependent partner to work in the US. Many heterosexual dependent spouses have a status that doesn't allow them to work either, however.

    As the New York Times (http://www.nytimes.com/2009/06/03/us/politics/03immig.html) reports:

    Senator Leahy�s bill would add the term �permanent partner� to sections of current immigration law that refer to married couples, and would provide a legal definition of those terms.

    �I just think it�s a matter of fairness,� he said Tuesday in an interview, noting that a number of American allies, including Canada, France and Germany, recognize same-sex couples in immigration law. Photo by http://www.flickr.com/photos/boscobridalexpos/

    http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-1281256503142232618?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2009/06/immigration-rights-for-gay-couples.html)





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  • pa_arora
    05-22 12:09 PM
    Refer to:

    http://immigrationvoice.org/forum/showpost.php?p=249001&postcount=9

    180 days starts from the date the name is sent to FBI by USCIS.
    And apart from this ur PD has to be current.



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  • kart2007
    12-04 05:45 PM
    No it shouldnt take that long. However if you are not in a hurry, wait for 30 days and call the USCIS to see if it was sent back (which is unlikely in your case).

    And dont waste your time by calling the officials or making Infopass appointments. Apply for a duplicate EAD asap. Yes, you have to pay the fees.





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  • babu123
    03-31 05:10 PM
    Dear Friends,

    I am a derived applicant in my green card process and recently I converted to EAD status from H1B.
    My sister is US citizen. I would like to know if I am eligible to file another set of green card application thru family based option that is available. I know its a long queue.
    I want to know if I am eligible for this process.
    If I am eligible to file, am I eligible to file EAD thru that application as well.

    Thanks





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  • Since1997
    08-08 08:36 AM
    My attorney has submitted the documents for I140/485 concurrent filing. UPS has messed up and they lost my documents.It contains original documents for applying I140.

    I am wondering if there is any chance that I can send photocopy of documents to USCIS explaining them the situation as I do not want to miss the chance of deadline Aug 17th. Could anyone please suggest me? Did anyone experience the same situation before.

    Thanks.

    I don't know the answer....but I suggest community to NOT to use UPS...since I also lost my documents couple of times (while sending to attorney). I stopped using it





    webm
    04-09 03:45 PM
    Yes, since you are a new filer,fiiling seperately then fee is $340.00





    hankles
    08-24 02:07 PM
    Hello seeking_GC,
    It appears you changed jobs using AC21 and went on to receive your GC. If correct, could you please post your timeline and experience?
    Thanks.

    I guess posting this was the trigger for USCIS to send the approval. I got the CPO mail in my email a few mins ago!

    Hugely Relieved!!!!!!!!!!!!!!!!!!!!!!

    Let me know if someone else is in the same situation and I can tell my timeline.



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  • raysaikat
    10-20 03:32 AM
    My wife is maintaining her H4 status since Feb 07 and last entered US on H4 visa in July 2010, we have our EAD cards based on pending I485 filed in Aug 07. Her AP is valid till Jan 2011 and I am on H1B. she started working on EAD couple of weeks ago.
    My question is: does the fact that she entered last on H4 affects her ability to work on EAD? Will it cause any problems in I485 approval.

    Since she is working on EAD, her status is no longer H4 (the new status is AOS, so to speak). Other than that, there is no issue.





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  • webm
    08-28 08:05 PM
    It will be Parolee status (AOS Pending) and having AP is important at AOS stage...unless you dont have valid H1B or primary applicant 485 was approved..


    HTH,webm





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  • mdcowboy
    09-01 07:29 PM
    You will need to file an I-824 (USCIS - Application for Action on an Approved Application or Petition (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dd153591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)).

    Please note that these applications typically take 3-5 months. Current processing time at USCIS: CSC is three months.

    Thanks a bunch parablergh. 3months is a long time to get a replacement I797! I don't know if there is a shortcut to get the SSN by showing a notarized copy of the I797 that we have instead of waiting for the duplicate one from USCIS.





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  • vbkris77
    03-03 11:03 PM
    Quick survey to findout how many people like the idea of having their passports restamped here in USA and avoid all the surprises and shocks. This doesn't need any legal fixes. It is a convenient measure for everyone. Besides it was an old practice that was stopped for "security" reasons or some crapp. It is a small step but helps with any cases like family emergency or some urgent business need to travel abroad.

    Based on the poll results and suggestions, we can comeup with a strategy to address the issue.



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  • [uber]
    04-08 11:53 AM
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  • krishna_brc
    03-19 05:00 PM
    My labor was filed with job title from the employer as IT Lead (O*Net Code - 11-3021.00, O*Net title - Computer and Information Systems Managers). I am having an opportunity to convert to full-time on EAD (I-140 approved, EAD received 18months back). The new job title is Software Engineer(possible O*Net codes - 15-1032.00/15-1021.00/15-1031.00, possible O*Net title - Computer Software Engineer/Computer Programmer). Is it possible to file AC21 in this scenario. The salary and the job descriptions for both the Labor filing and the new opportunity are similar. I am worried if the title might cause a problem. I have to make a decision very soon. Please help.

    as far i have learnt from the discussions in forms "Title" should not be a problem.
    But the O*Net Code should be the same.

    Meaning new job should fall under the same job code.

    Thanks,
    Krishna



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  • alex99
    03-12 04:46 PM
    Dear IV members:

    The information posted here would help other IV members who are looking for a Job change to negotiate the billing rates with the client/employer.

    Please post the following information if you can (not mandatory). This thread is for Information sharing only.

    Technology/SKILL SET:
    Hourly Rate/Salary per Annum:
    Location:
    Year of Experience:

    Reagrds,
    Ashok





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  • number30
    06-09 01:32 PM
    Yes, the only option is work on cash.

    How about not working illigally?



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  • masti_Gai
    09-11 09:10 AM
    :( Might be out by Friday for sure:rolleyes:





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  • Pankaj
    09-23 08:16 AM
    your wife should be fine and within status even you changed the job.
    I asked this same question to my lawyer in 2006. we got that its valid.
    You might drop few lines to your company's attorney to find out exact answer.



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  • sdrblr
    10-19 10:15 AM
    US is a sovereign country and Govt of India cannot say what to do and how to handle the immigration issues. Hell GOI cannot handle its own immigration issue on the eastern border :)

    More over the big Indian IT companies lose employees (read as revenue) if they lobby for GC.





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  • raysaikat
    10-26 04:14 PM
    Thanks,
    I also asked my company lawyer and they are suggesting that since her status is H4 she can not work. For working on EAD she has to leave country and reenter on AP.
    So a little confused here?

    That is not true. If she has her own EAD, she can start working anytime. Whenever she does that, she will automatically abandon H4 and her status will automatically become AOS.



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  • kate123
    09-30 03:39 PM
    We should also request Indian Governtment to take up our Issues with the US.

    http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080067201





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  • goel_ar
    11-16 09:06 AM
    1.) What time is it taking to get a receipt by USICS? (NON Premium Processing - I�m in NY City - so probably Vermont Center)
    ==> It took me two weeks. I applied in Vermont center too.

    2.) Do we have any rule in written (Official), that as soon u apply for transfer, without getting the receipt; you can work for the new employer?
    (So I can show it to my new employer)
    ==> Afaik, I think you need to have receipt to start working. (2 weeks).


    4.) What is the time taken for the H1 Paper, to be delivered after receipt, by USICS?
    ==> 2-3 months for non-premium.



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  • Robert Kumar
    03-02 11:14 AM
    Hi,

    Previously worked in a Supply integration company A, and EB3 job desc shows role as a consultant "responsible for ERP implementaiton with some programming experience".
    In that role later, Lets say I've performed Network and Systems Administration ALSO.
    So I have a mix of all skills at the end of 10 years in the company.

    Now if I get an opportunity from a company B that needs experience in Network Administration and some pre-sales (internal to the company),

    1. Will I qualify to do the job and be under "same or similar category" to be AC21 compliant.
    2. Can Company B file an EB2 and use porting of date.

    Please advise
    Bobby,





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  • cool_cat
    10-01 01:03 PM
    My I485 application was received by TCS on july 2nd. I have not received my RN and my check is also not cashed yet.



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  • Wolf
    08-08 09:46 AM
    My first question is...do you work with MAYA? What version? 4 or 5. Yes i'm pretty shure that you can do the import, because Maya can import t3d.





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  • GCNOMAD
    03-07 02:14 PM
    I also dint receive the FP notice for my son. When I checked the USCIS help desk and also with my attorney for my son's (5 years) FP, I was told that kids under 16 years (16 years if I correctly remember) dont need FP in 485 processing.





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  • cloud 9
    05-06 08:45 PM
    I had a similar issue during my first H1B visa stamping. My H1B was approved from company ABC and after approval name of the company was changed to XYZ. So, my employer gave me copy of a letter issued by State of Maine (Company ABC was registered in Maine). This letter stated that company XYZ is same as ABC. My passport was stamped with company ABC's name. My employer also gave me a letter stating that XYZ is same as ABC.

    Not sure how this name change will affect your I-140 or I-485.





    ddeka
    03-21 01:21 PM
    All,

    Please let me know if you know any good Immigration Lawyer in Boston area.

    Also can someone please let me know if I can work as a W2 Consultant to any company using EAD?

    Appreciate your help.

    Regards,





    lord_labaku
    04-06 02:27 PM
    As long as your Advance parole is not expired, you should be able to travel with it. If your Advance parole is going to expire around the time you are planning travel; you should renew your advance parole.

    As far as I can see, yours is a straight forward case.



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  • jsb
    11-13 12:54 PM
    I was employed by company A until from 2004 thru May'07 with labor and I140 approved in 2006, I was laid off from Company A in May'07 therefore I joined company B in June (transfered my H1).

    In July , Company A agreed to file my I485 under future employment as all the EB catagories became current but I still work for company B (H1 with company B), now since in Jan'08 it will be past 180 days on my 485 application.

    Can I file AC21 to change my employer to Company B and continue my I485 through to Company B?


    Answer is Yes. Company B should be prepared to confirm that they have a job (same/similar as in original LC) which they will offer you on permanent basis upon your getting GC. Note that current job with B is on H1 (means it is not permanent).





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    07-07 02:47 PM
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  • akhilmahajan
    09-10 11:32 AM
    If anyone is planning to drive from CT for the rally or is not driving because they are unsure, or not motivated enough... then here is your chance.

    We can join together and go to DC and come back together. I am planning to go on Monday 17th morning. Ill be coming from New Haven/Hamden area in CT.

    If anyone is planning to go in the evening, we have a BUS service available also. We are starting 6:30 PM from Woburn, MA on the 17th and should be reaching Hartford at around 8:15 - 8:30 PM, New Haven at about 9:00 - 9:15 PM.

    Please also keep on checking http://immigrationvoice.org/forum/showthread.php?t=12628 thread for the latest updates on the bus starting from MA.

    Also if you are on highways 84 and 91, let us know, as we can pick you up on the way.

    Look forward to getting some more ppl joining the bus.





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  • bidhanc
    07-29 07:16 AM
    If your Husband's GC was approved and it was a straight forward case, yours should be approved also.

    I would suggest taking an "infopass" and checking on the status of your case.

    thank u so much for ur prompt reply.
    my husband's priority date is current now so are there any chances for me to get gc now??



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  • marcvin76
    02-27 06:39 PM
    hello all..
    im currently living in NJ and my i-140 was approved.. since im on EB3 and my priority date is on 4/2008 i still have some time to wait in order for a visa to be eligible to me..

    my main concern is : i would like to know if its possible for me to obtain a driver license with the approval notice i received from USCIS (i -797c Notice of action).. does my employer will need to fill out any forms for for that to happen ?? if so, what kind of forms :(

    any help is appreciated..
    Marcus





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  • sweet23guyin
    02-19 10:49 AM
    http://immigrationvoice.org/forum/showthread.php?t=17237



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  • thomachan72
    02-03 05:08 AM
    There should not be any issue for applying with only 2 months left. If you wait to get the next approval notice and go for stamping closer to the starting date of your next year of H1b you could get stamp for the next period too.
    If there is 2 months or above left on the current extension then they will not give a visa including the new approval period. They will give only for the 2 months. So perferably go closer to the begining of the next period along with the new aproval notice (if you want to travel freely for the next period too)





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  • GCwaitforever
    11-12 02:53 PM
    Send your petition to USCIS Ombudsman. This is a classic case of USCIS incompetence. They have all the documents and yet they pester you to provide the details.



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  • hojo
    08-17 10:07 AM
    maybe im being an idiot or something, but why would you want to import swift3d to maya or lightwave..?





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  • sdrblr
    05-02 09:33 PM
    you are nobody to the middle vendor and he has no contract or anything with you. Whether he pays your employer or not is none of your business... it is for those two to figure out.

    Legally your employer has to pay you whether he is getting paid or not. If you want that $$$ complain against your employer before he closes the shop and files bankruptcy.



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  • hyddsnr
    05-27 11:50 PM
    Hi,

    Got a 1-797 Notice of Action today in Mail for my pending I-485 and the Notice Type: WELCOME NOTICE: SECTION: Adjustment as direct beneficiary of immigrant petition.

    In the details section it says" Welcome to United States"...your application for permanent residence has been approved...we will soon mail you a new Permananet Resident Card....


    HOWEVER, the online status still shows "Case pending" and NO LUD update.

    1. Any reason to get concerned as the online case status still show it as Pending altough I see approval in Mail Notice?

    2. Should i call customer service?

    3. How long typically the card in mail takes?


    Congratulations!!!
    Online updateds are done in batch jobs in the night.
    So i guess you should see change in online status tomorrow if not call customer service.





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  • dvrao4
    10-27 06:44 PM
    i filed 485 in june and still waiting for FP

    sent to texas on 6/14/07-delivered 6/15/07
    RD:07/19/07(USCIS ERROR)
    ND:09/11/07
    EAD: approved 09/28/07, recieved 10/2/07
    FP: still waiting for notices:



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  • sonu
    11-05 03:24 PM
    Hi all,
    If anyone knows TSC fax number, can you please share that with me. I am a July 2nd 485/ EAD/ AP filer and I didnot receive my AP yet. My H1 visa got expired and i need to goto India ASAP.


    Thanks a lot

    I am seeing a trend here, that AP approved but taking 3-4 weeks in being printed and mailed and the online status is not being updated.





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  • ChainReaction
    09-06 10:17 AM
    This if u sent your packet by US postal mail . Fedex and other courier dont deliver to PO boxes . There is another street address for other courier.

    Thanks Milind70 for the reply , yes I did use USPS because the the IO told me to send my 485 package to the address shown on I140 receipt and Fedex does not deliver mail at P.O box. I am wondering if the P.O Box address is right and should i wait for 90 days or call them based on Lockbox receipting update bec as per Aug10th release TSC shows done receipting till June 28th? Is there a way to inquire regarding my application?



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  • munnu77
    08-26 04:28 PM
    i donno who told u this..thts is completely baseless and untrue..
    if it is true , i wud never need GC..will be in EAD all my life





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  • ronhira
    06-08 11:41 AM
    There is one way to find out if CIR is any good for EB - by looking at the bill when it is proposed bill and amendments. It will be suicidal to assume that CIR is somehow bad for us, and incriminate any effort for CIR. My point earlier was not that CIR is bad for EB, but about the actual reason for Sen. Reid's recent comments, just to set the expectations straight.



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  • sayonara
    08-23 01:18 PM
    :)my wife also got her 3rd FP notice. My self never did after first time. Its not big deal.





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  • srarao
    09-05 08:34 PM
    any help - urgent





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  • k_usa
    01-29 08:57 PM
    Take it easy, USICS is not going to crosscheck your address. That's okay.
    Anyway now you can do change of address online from USICS website.





    handless
    04-23 07:01 AM
    cool, yeah sorry bout the first one, wasnt really clear on the definition of nothing crazy... my bad, but yeah im glad you like the other two.





    senk1s
    09-12 09:10 PM
    LUD = somebody 'looked' at your case for something ...
    On the positive side it means that the app is not lost



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