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lazycis

05-01 12:52 PM

If I-485 is still pending, you can try to use AC21 and port old I-140 to new employer. Nothing to lose, a lot to gain if it works out. AC21 is not clearly defined and it's not codified in regulations so you have a good chance to prevail. The only problem I see is that the old employer no longer exists. Termination of the employer's business is one of the reasons for automatic revocation of I-140 (see 8 CFR 205.1(a)(iii)(D)). However if old employer was simply merged into another company, you can argue that business was not terminated.

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rsharma

07-24 06:58 PM

rsharma:

For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".

Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

The processing dates are passed my received date and notice date in the processing center where my application is processed.

Please let me know your thoughts.

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sanju_dba

09-14 03:47 PM

You started working for Company B before or after the H1 transfer receipt notice ?
is LCA for H1 filed after you joined company B - is it legal ?
Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.

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mirage

06-11 11:55 AM

You look very angry. Take a shower. Do you think Core team is there to answer every question that is asked here ? Did you hire them as a full time employee ? How did you reach the conclusion that they are working for their benifit ? Look in to the mirror, ask yourself a question what you have done until now to help yourself to bail out of the mess you are in, I mean what efforts have you made to meet the senators and congressmen of your area, how many people you have influenced to join IV, how much you have contributed to help IV stay afloat. Only if you have satifactory answers to these questions, come back and ask questions.

I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many ....
:mad:

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mhtanim

02-26 02:04 PM

This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.

This is just my understanding. Check with a attorney to get precise information.

No need for AP. If someone mails him the GC, he can get back to the U.S. with it.

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GCBy3000

07-08 03:58 PM

Again he wants his message to be clear. Here in US, Indians means Native Indians. Everyone till now whom I have come across refer to Indain while they speak and that is for Native Indians and not us. Also our motherland INDIA is in south east asia which is why he clearly said EAST INDIANS. So take a dip in cold water and move on.

Can't you see the Gandhi link? Gandhi is East Indian and thats why he might have associated it with East Indian community. Dont harp too much on What Mr Oh wants/thinks.

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piyu7444

10-14 06:33 PM

I am in a similar situation...filed for AP in June...mine got approved...wife's AP has not gotten approved yet....planning to travel in early December.

I tried expediting for financial loss and got email saying that is not enough reason....

I am thinking of refiling my wife's I131 and paying the extra $300...now. What do you guys think...is there a chance of approval before end of November or is it a lost cause...

Its late if you want to go in early dec. If money is not a concern I would still try............

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srarao

07-19 07:04 PM

Hi
Any guys with RFE on this

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malibuguy007

09-16 01:38 PM

House Judiciary Committee MembersBelow or go to the thread mentioned above


Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236 (NOT IN FAVOR)
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)

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waiting4gc

04-15 04:42 PM

Its nice to see good news from more and more people. Enjoy your new found freedom!!

Hi folks,

Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

my best :)

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walking_dude

11-25 05:46 PM

Done.

You are doing great...Please keep up the good work...

also, add item 6 to our wish list..

6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.

Good work, but small modification.

Just take out this phrase in the list

or increase them to rational levels such as 10%-15%

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Humhongekamyab

05-21 12:46 PM

The example he has given is a special case. The guy needs H1, because his son was out of status. Something is missing in the case. The child came to US 10 years back on B2 and stayed on B2 forever without extending or changing the status???

We need H1 only when we are not married or we have not filed I-485 for the dependants.

I agree. This was a special case and the attorney initially filling the 485 should have caught this error.

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walker15

02-15 10:55 AM

Also your immigration attorney's involvement is very crucial in regard to your case.

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surabhi

04-08 05:24 AM

This is serious and could affect quite a few.

Summary: you could be affected if ALL of the folllowing is true

1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
3) your original employer has used your labor to subsititute some on else ( before July 16,2007)

Remember you are affected even though you are the original beneficiary.

How did this case happen?

This happend because USCIS not following LIFO processing

1. The original applicat applied labor in April 2001
2. Labor approved in Jan 2002
3. Original applicant applied I-140 in April 2002
4. i-140 approved in July 2002
5. Original applicant applies for I-485 in Dec 2002

In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21

Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140

The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.

So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)

Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.

I feel for the original applicant. She played by rules all along, but got screwed anyway

Now you can see the chances of your case being caught in similar circumstrances

1. You are EB3, India/China with PD around 2002/2003
2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
3. You left your original employer before July 2007
4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
5. that other person also filed for I-1485
6. Now its a timebomb waiting to explode

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pointlesswait

06-04 10:23 AM

looks like yours is a small bank..
call up their central customer service..or talk to the manager.... manager shoudl be of help...else..i guess u have to go in person!

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tikka

06-22 09:39 AM

is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word

thanks


Your chest xray was negative so you are fine.
To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.

You need him to sign off on the results.

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onthelines

03-24 01:02 PM

I listened to it at the end. Great job Mark...

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GooblyWoobly

07-18 07:23 PM

Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same

Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.

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maxy

10-15 05:08 PM

may be not related ... but can someone explain what does this line mean ...

The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....

anyone ?

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rongha_2000

10-02 11:42 AM

Gotcha..!! Thanks..

No I dont plan to invoke AC21 anytime soon.

Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

(Though I got GC now, my H1 is valid till end of 2010 :) )

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dollar500

04-10 06:23 PM

Moonlighting will be acceptable easily as long as it's on the code internist. Problem is some fellowships are so demanding that you wont be able to moonlight as an internist. If you can figure this out smoothly and yr employer agrees nothing is better. Good thought.


HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.

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