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  • amitarora74
    08-04 11:43 AM
    anoopraj2010

    you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think





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  • TigerAmit
    09-23 03:07 PM
    Dear Guru's

    I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

    However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

    It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

    based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

    Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

    I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

    I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

    Is there anyway I can talk to ombudsman office and get personal attention to my case.

    Guru's please help me out with your experience and ideas.





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  • rajeshalex
    07-30 09:29 AM
    May be we can ask the important questions from everyone and filter it out/ask the top ten among them as a community?





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  • 485Mbe4001
    03-06 03:42 PM
    Hang in there, i am in a similar boat, I applied for 485 in late 2003 and missed the boat each time with namecheck, i was cleared all this while but my wife who is the primary was stuck. I am on my 4th EAD/AP, just applied for the 5time.

    My 6 years of H1 expired long back, i guess we were lucky to be able to file for 485 and i could continue working on EAD.

    Our great lawyer who filed an EB3 petion for my wife and 'advisied' my company 3 years back not to spend money on my labor because my wifes PD of mid 2002 was good. I know i should have broken a coconut and applied vermillion on the application before sending it off, maybe that would have changed everything :p

    I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved



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  • rahulpaper
    01-01 12:13 AM
    vote..............
    I got FP notices today (NSC>CSC>NSC). No SR opened.





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  • rajeshalex
    03-25 10:24 PM
    I had asked a question ( FOIA )requesting to president to make USCIS publish pending applns based on
    country of birth and pd.

    http://www.whitehouse.gov/openforquestions/
    Search for "immigration uscis"

    Please vote for this.



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  • tnite
    03-31 06:24 PM
    Hi All Gurus:

    I am changing my employer with pending I-140 and I-485 both > 180 days.

    RD: 07/23
    ND: 09/13
    EB2/TSC
    PD:12/04

    I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

    Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

    if RFE goes unresponded is MTR the only option left??

    Thanks in anticipation.

    If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
    You can change your employer 180 days after filing your I485 provided your I140 is approved.
    Think twice before you act





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  • prince_waiting
    12-12 12:02 PM
    Hi fellow IVians from the 'Heart of Dixie',

    Birmingham is at an equal distant from Montgomery as well as from Huntsville if I am correct. Willing to travel from Auburn to Birmingham for a state chapter meeting if it is convened.



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  • mihird
    03-15 10:50 AM
    As such residency on h1b is extremely in recent times so I guess same is with fellowship.



    You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..

    Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.

    Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).

    In that scenerio, fellowship on a H1 might be a bit of a problem...

    I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.

    You will unnecessarily complicate her immigration profile...





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  • Dhundhun
    11-24 05:13 AM
    Nihar, let me understand your problem and explain you, what might be happening?
    #1. You are doing MBA
    #2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
    #3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
    #4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
    #5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
    #6. If you are on dual status, your H1B will start from Jan 2008.
    #7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
    #8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.



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  • NolaIndian32
    04-28 06:13 PM
    My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.

    pal :)

    If entering the country on AP, it is advisable to carry all other documents including the approval notice of the H1b, but do not show the H1b approval notice unless asked for. That is when the IO gets confused and asks for explanations. If entering on AP your status is parolee upon entry to the US.





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  • eb3_nepa
    04-23 11:50 AM
    What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?



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  • Leo07
    05-14 01:18 PM
    ^^^^^^^^^^^





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  • krishnam70
    07-18 01:53 PM
    It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.

    If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.

    It's hard work but believe me - do it consistently and do it well and you will see that it will work.

    Best of luck and post the address of your site/blog here should you decide to do it.


    Here is the blog created for talking about Lou Dobbs. I will start digging up material and posting to this site.. please feel free to start blogging there
    lets take it up to him

    http://loubdobbs-truthorlies.blogspot.com/

    cheers



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  • jthomas
    10-17 08:40 PM
    I filled on July 11th no receipt, no check cashed. My lawyer told me, that my lawyer has 50 more candidates waiting to get receipts in month of July.
    I think there are many waiting for receipt. Take it easy.





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  • vin13
    05-19 01:34 PM
    My friend,
    to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.

    How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.

    Immigration is more of a domestic political issue/concern. It is mostly based on popularity and vote bank. This is not a major bilateral concern for US and India. I guess that is why i am saying India's PM may not be able to influence much.

    Anyway i don't want to beat this to death. Just an opinion.



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  • kishdam
    03-24 02:35 PM
    Thanks for the news vinabath. You know what?

    Indian cricket team won the world cup last night. They beat West Indies.

    Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.

    :):) good one.

    For non-cricketing readers, Indian cricket team's last world cup win was in 1983 when they beat WestIndies in a thrilling final.





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  • reddy77
    01-13 07:58 AM
    Thank you All for your prompt replies, much appreciated, one less worry. can focus on my job search. Again, Thanks and have a nice day ...





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  • prinive
    03-14 02:40 PM
    We all know that we are able to file 485 on July and we got EAD due to IV efforts. Which in turn helping us to get a 600$ rebate for the spouse (Some plan to spend the money).. Can we make a pledge here that we will contribute a certain % to our organization? The % can be your choice. At least this % can help this site up and running� If the moderator decide that this is not a good idea please close this thread.

    First from me 20% from whatever I get as rebate �





    gotgc?
    09-16 10:44 PM
    I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.

    Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...

    Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?

    Would Infopass or calling USCIS Customer service center help?

    Please let me know if you know of any other options?

    Thanks again...





    prdgl
    07-07 10:16 PM
    I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".

    Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...

    Good luck.

    Thanks,
    Jayant


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