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  • ysiad
    08-10 11:31 PM
    One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
    Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?


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  • SGP
    03-25 03:02 PM
    Congratulations on your freedom.


    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.

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  • Ann Ruben
    07-05 09:02 PM
    It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.

    If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.

    Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.

    Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.

    I hope this information is helpful,



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    08-10 05:14 PM

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  • desi3933
    05-11 05:11 PM
    Hello Attorney,

    About Myself:
    Myself EB2 Mar-06 now in I485.
    deeply concerned about the current retrogression of eb2 priority date to 2000.

    Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)

    However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
    Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.

    The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified ? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.

    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).

    Not a legal advice
    US citizen of Indian origin


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  • gemini23
    08-02 01:41 PM
    Yes, you are correct. They just need copies at the time of application, they can ask for originals if needed later if there is an interview. But yes, still I got my orginials in courier.


    Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.

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  • indian1103
    05-01 10:03 AM
    akhil, It was regular. Hope am this lucky with my 485 too.


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  • dontcareanymore
    08-24 11:50 AM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).

    I did not check your PD. You will get your day....stay calm.

    At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.

    Based on the facts you gave :

    1) Your employer has been paying more than the salary mentioned in your contract.
    2) You don't have any proof that you paid them for GC process.
    3) You did not provide any information that suggests they are willfully delaying your case.

    What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....

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  • kams
    06-18 01:21 PM
    My colleague was in similar situation. He went to Canada for H1 Visa stamping and while returning, the oficer at the border said I94 on the 797 is sufficient. Our lawer (Fragomen) adviced him to enter border crossing as last port of entry.


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  • traveldoc
    09-24 08:28 AM
    That is very strange in fact. One year to receive EAD ????? God alone knows what goes on at those Service Centers. Good that atleast you got it finally !!
    As for me, I am still waiting for my AP. The congressman's office got a response back from USCIS 2 days ago that they will take an action on my application in 5 days. But I am highly doubtful about good vibes. Every effort so far has been in vain so I have lost hopes. I have a feeling USCIS has lost my file or something and is just trying to buy some time.

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  • chalamurariusa
    04-28 09:21 AM
    sorry to be posting on this thread I am new to this and I genuinely tried to look to post a new thread but in vain.
    We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.


    Current Status: Document mailed to applicant.

    On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be


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  • vban2007
    05-29 11:11 AM
    October 1st, 2008 your status will be changed to H1B after the approval... So you will have to move to new company

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  • sp99
    08-18 02:38 PM
    And for contract yes they have 1 year contract though they didn't send me any documentation for that ...but it is like if u break within 1 year u will need to pay $20 for the remaining months..they say they will cut from my credit card everymonth...


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  • dbevis
    November 10th, 2004, 08:40 AM
    To me it sounds more like a battery problem. Either making a poor contact or the battery itself is bad. There could be something preventing good contact, either the battery or the contacts inside the camera.

    I know with Canon cameras, there is always some sort of hidden switch that shuts off the camera when a door is opened. Maybe Nikon has this too and the switch is messed up?

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  • jediknight
    03-26 01:57 AM
    I voted up the Immigration questions.

    Looks like the Anti-Immigration folks are trying to vote down our questions.

    - JK


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  • pmb76
    09-05 09:30 PM
    I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......


    Everything else is Correct (address, DOB, A# etc...)

    GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20

    Do ypu remember that Seinfeld episode where Costanza airbrushes off himself from the picture in Kruger's office. You could try something similar.. Just kidding :D. My sympathies are with you dear friend. Murphy's law always holds true when it comes to dealing with USCIS.

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  • India76
    10-28 01:00 PM
    Wish you and your family a very happy Dipawali!!!!!

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  • kevinkris
    07-31 04:50 PM
    Why do you need to go to Canada ? If your you have I797 you are approved and can start working with adjustment of status. Am I missing something ?

    Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
    I hope canada will be smooth.

    My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?

    12-06 09:17 AM
    My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

    I got all three AP documents back. I had an expired Visa stamp in the passport. They checked one of the AP document and gave it back after stamping it.


    12-03 03:13 PM
    Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?

    I would not recommend , in fact I would say DO NOT even attempt to thing about these benefits while your AOS is still pending.

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