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  • Jyotsna
    10-13 11:01 AM
    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.


    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)

    My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.





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  • natrajs
    04-15 11:19 AM
    I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).

    Congrats and Best Wishes





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  • Funky_Monkey
    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.





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  • wahwah
    06-03 01:03 AM
    why do you say that the audit is for pending applications only?

    the news article says that they are auditing all PERM applications filed by Fragomen, which means that pending and approved applications will be audited. The article doesn't mention the timeframe either.

    audit is only on pending applications..i dont think it is on certified..

    also they may process fugmon cases fase..hope they dont denied any..

    what is supervised recruitment



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  • svreddy
    03-05 09:34 AM
    also in same situation. Recently did a interfile from EB3 to EB2 ( diff employer ). No update yet. There is a soft LUD on my I 485 but no update in status. Did any one ported recently ?

    Thanks





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  • testtesttest
    07-17 06:32 PM
    just called her and thanked her for her efforts.



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  • fittan
    03-16 03:12 PM
    HumHongeKamiyab,
    Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.

    Fittan





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  • EB2_Jun03_dude
    11-29 04:49 PM
    I got this RFE email Nov 28th. Yet to receive the letter so do not have the "response time window".

    Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.



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  • h1techSlave
    03-17 04:22 PM
    Some lenders do not lend to H1/EAD. So if the cheapest lender happens to not accept H1/EAD, then you did not get the cheapest rate.

    In your case Wells Fargo happened to have the cheapest rate and they were also accepting H1.

    I am on the look out for a loan currently. The guy with the cheapest rate (around 4.8%) does not give loans to H1/EAD folks. So I am forced to go with a guy who is accepting H1/EAD, but the rate is 5%.

    When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.

    I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.

    good luck





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  • stuckinretro
    02-26 10:21 AM
    You can contact either of the 2 senators of your state. But need to contact representative corresponding to your district.

    But understand that, just because you contact a congressman doesn't mean you miraculously would get your GC. its going to be a long process. Add 3-4 months from the day you contact if the congressional liaison pulls your case for review. If there is a problem with your case they would inform you about it after they review. Note congressman's office cannot tell a federal agency(CIS) what they need to do, they can only inquire on your behalf whats causing the delay. Nothing to do with who is how much powerful.

    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.



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  • waitin_toolong
    10-23 05:40 PM
    it looks like you have been distracted lately and not following USCIS updates.

    first Ap and EAD have nothing to do with each other and USCIS has stated that they are working hard to get EADs out as the law requires them too. Some people get their EADs a day or two before their receipts.

    The priority is issuing EAD and USCIS ha been working hard at it, so dont fret





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  • puvathoor
    03-14 03:27 PM
    I read at Ron Gotcher's website that Admin fix cannot recapture unused visa #s (for that one needs a congressional mandate).. Is this correct? Can someone from IV team who has had contact with legal community comment on this?

    At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..



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  • snathan
    04-12 07:17 PM
    Hi,
    Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:

    "My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."


    And he puts the below figure his company has borne towards expenses for my H1 application:
    1)Education evaluation: $125
    2)Attorney fees: $1000


    My question is:

    1) Is attorney fees really $1000 or it is much less than what he claims it to be?
    2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.

    How can I proceed in this matter? Plz advice.

    Thanks
    raj131982

    Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.

    and see his reaction for that. Record all the conversation and email between you.

    Thanks





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  • kaisersose
    07-27 02:48 PM
    Thanks. I will ask my employer if they can provide me one.

    The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.

    Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.

    For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.



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  • prasadn
    03-01 08:27 PM
    When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.

    1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?

    2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?

    Thanks in advance,
    Prasad





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  • psychman
    03-30 06:13 PM
    In the event handler for the UI element you click, simply do a cast such as "sender as UIElement". That will give you a reference to the element you are trying to find.

    :thumb:

    Big thanks! I forgot about the random button app you created using this exact concept. http://www.kirupa.com/forum/showthread.php?t=250392



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  • va_labor2002
    09-25 12:00 PM
    I did not google rajiv chandrasekaran for the first time. I saw his article on the main page of Washington Post on Sep 17 Sunday. I thought he will listen to our issues and write something about us ! I already sent an email to him.

    You can submit your message to Rajiv under the following link;

    http://projects.washingtonpost.com/staff/email/rajiv+chandrasekaran/

    I encourage everybody to send message to Rajiv,so that he will write an article on legal immigration. Good luck.

    Thank you.





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  • sparky_jones
    10-01 08:19 AM
    ^^^^





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  • sdfdf6534
    03-24 08:27 PM
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    HRPRO
    02-22 02:10 PM
    snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.

    I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.

    Thanks

    One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.





    rsayed
    04-13 03:59 PM
    What bill is that? Do you have the bill nimber?

    S.1092
    Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.



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