Black And White 2 Battle Of The Gods

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  • desi485
    11-11 01:04 PM
    Priority Date Current: Curse or Boon ?

    I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.

    Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because

    You can not get 3 yr H1 extension if PD is current (only 1 yr).
    You can not get 2 yrs EAD if PD is current.

    So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.

    Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.

    edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
    (http://www.ilw.com/articles/2006,0321-murthy.shtm)





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  • BEC_fog
    04-09 12:18 PM
    I don't think that with the EAD renewal receipt you can continue working. Right now, the EAD is valid for 1 year from the day the process and print your card and you cannot specify the employment dates(or they are ignored anyway). It works differently than an H-1B extension where you can specify the dates and even when they process you application say in April and you asked for it to start in march, the approval notice will have the starting period in March. For EAD, if they processed it in April, the starting date is in April.





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  • EndlessWait
    12-16 11:26 PM
    What a lousy and pathetic system it is , the so called USCIS. I mean they want ppl to wait for a decade to follow all the rules legally to get GC.

    And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:





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  • mudigondag
    01-25 05:05 PM
    I went thru the same experience for my daughter. Without GC you can not apply in 90% of MED schools in US. Among other states, some MED schools in Texas and Alabama do not need GC. Similarly some DO schools do not need GC. Without GC, you may explore Caribbean Med Schools. Some of them (especially St George, Ross and Saba) are at per with US MED schools, accepted by all US states and are eligible for Federal Loan.

    Good Luck to your daughter.

    Thanks ksircar;
    Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
    Thanks
    Venu



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  • azure
    03-20 12:34 PM
    Not sure....but here is a related link.

    http://domenici.senate.gov/news/record.cfm?id=251739





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  • sajimm
    08-05 01:18 PM
    It's too early to make a judgment on this since I haven't seen the actual text of this bill. With Sen.Sessions history, I highly doubt whether there is anything good to EB folks in this bill.

    Most likely this is just election politics.



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  • QuickGreenCard
    09-15 09:48 PM
    I have filed for EAD & AP by mail. AP got approved before EAD and the approval was put in the mail. While waiting to receive AP approval, EAD got approved and the approval was put in the mail.

    I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.

    I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.

    How far is this correct?

    Has anyone faced this kind of stuff???


    Thanks

    SRI





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  • wandmaker
    06-06 03:12 AM
    USCIS will send an RFE for missing photos - You can send the photos after that



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  • newu77
    08-08 04:58 PM
    Oops - I am also in same boat:(.

    I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.

    I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.

    If we do not solve this problem we could be lingering in CSC for years.

    If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.

    Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.

    http://www..com/discussion-forums/i485-1/168256035





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  • alisa
    01-20 03:33 PM
    Can you please provide links. And also provide the numbers.

    Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
    I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
    No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.



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  • map_boiler
    04-28 11:22 AM
    ...that the new job is similar or related to the pending I-485 application.

    Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.

    Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.

    Good luck!





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  • eagerr2i
    07-16 11:39 PM
    LC filing- No
    I-140 filing and onwards- Yes



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  • GreeNever
    02-08 02:46 PM
    I..sort of have turned philosophical abt the whole process. Having said that, I also see bright flashes off and on...(just kiddin'). I talk optimism, walk optimism, eat optimism, sleep optimism :) ..ends here!.

    If all that it takes is - a copy of our presentation to be mailed/emailed to this 'super cop' of a minister or his office, I would still do it. That way, I have at least challenged him..





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  • TomPlate
    07-11 01:59 PM
    sundevil you pig
    glus you moose idiot.
    get lost man you guys.
    they should send you back to India with the red ration card.



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  • bestin
    06-19 01:46 PM
    I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)

    Hi add78,Yes,d was checked.I thought thats what needs to be checked for EB2.I do have a bachelors degree+ 5 years experience.





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  • techbuyer77
    06-19 12:25 PM
    Can people still get interim?



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  • sobers
    05-03 09:18 PM
    In terms of fundraising IV crossed 100K ...that's awesome!
    I'm, and i'm sure a lot of others, are curious where we ended up with the May 1st drive...I think ragz4 mentioned 107K somewhere...folks?





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  • gsc999
    02-09 01:25 AM
    I went to usa on h4 one yr back.h1 is approved on nov2007.Before approval i faced one query because my employer assaign she is going to work on particular location,he mentioned city of USA also.So they raised query why only that place.My employer replyed that query and after few months i received I-797B form in the place of I-797A approval notice.That says i am not applied h1 from USA.In that time we mentioned, we are applied from USA.In that situation i have to go for stamping .But I have other option,we amended that h1 I-797B.We did premium process.With in one month i got h1 approval notice in nov2007.
    I am the first employee to my employer.Is there any querys raised on this.I have one month paystub.My employer going to send tax returns of 1 yr,wages,project details,client letter.Do i need other than these documents from my employer.pls tell me.
    Now i am in india.I have to go Embassy for stamping.Which location shall i go for stamping in India.
    Will embassy people check indian experience also.Because in indian company i have few problems with documents.If that experience will not match with the my h1 ,i mean what i submit in the process of h1.Is any queries raised.
    Now i am in india.I have to go Embassy for stamping.If i face any queries in my h1 stamping,can i go USA in that time period to USA by h4.OR Did I have to stamp h4 also because my husband changed other company.My h4 is going to expire within 5 months.
    In many forums i requested for replys.No result,I received only 1 reply.Pls help me.Thanks for your patience by reading this long mail.
    Need Advice pls.
    --
    To attract responses you will need to reframe your question in a simple language. I hope you will do that.

    On a simplistic level, the original office that granted your H1 or H4 or the state where you have permanent/ residential address on your passport is your best shot unless there are valid issues like business travel etc.

    See below for more details:
    https://www.vfs-usa.co.in/Home.aspx





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  • desi3933
    05-13 06:51 AM
    ....
    Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
    .....

    It will be helpful if your I-140 is canceled or revoked by your ex-employer. If not, please request ex-employer to do so.

    Unless canceled (or revoked) I-140 is valid for lifetime and can be used to file I-485 anytime (as long as permanent job offer is available). By having canceled I-140, it can not be used against you in judging your immigrant intent.

    Good Luck.


    ____________________
    Not a legal advice.





    logiclife
    02-04 01:37 PM
    The last line on this article may mean something for us. Hopefully.

    http://tracypress.com/2006-02-04-nation-one.php





    Jerry2121
    07-02 02:29 AM
    My I-485 was filed on Dec 1, 2006. I called USCIS and had info pass and they told me that my name check is not clear. I talked to one lawyer and he is going to charge me 3500 for WOM. He has pretty good success rate. I am reading forum where they say it is better to wait minimum 2 years. Has anyone heared any case where wom is filed after one year and it was successful. My priority date is current.
    Hi,
    How did your WOM go? I will be filing mine soon. Any info. that i should know? My I-485 has been pending for 3 years after my refiling. Neither my EAD nor my Driver's license can be renewed at this moment. Please help.



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