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  • kondur_007
    07-30 08:31 PM
    I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here

    First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.


    So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

    Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.

    But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.



    That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.

    The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
    That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.


    Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.


    Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)

    Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

    You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.


    And one more thing how long does it take generally to get interview once a person has applied for CP ??

    I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.

    Good Luck.




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  • gcwait2007
    05-16 03:25 PM
    Unseenguy, Thank you for the good, satisfying answer.

    I have few questions:
    (1) Let me allow my present company to file I-140 as regular processing (mark as 'I-485 processing' in I-140 part IV) and change it later, using I-824 to convert from AOS case to Consular processing for using AC-140? This is faster and easier. Whether my understanding is correct?

    (2) What documents one needs for filing Consular Processing? Is it the same set of documents for filing I-485?

    (3) I hear that one needs to get police clearance certificates. Where does they come from?

    I look forward for your reply,

    Thank you




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  • lfgc
    05-17 04:58 PM
    Would anyone please share contact info of Good and proven lawyer whose legal fees is reasonable or cheaper. My lawyer asking $1800 as legal fees (not filing fees) for H-1B extension which I guess is too much.

    Thank you very much in advance.
    I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
    rgds,
    lfgc

    ...recd info fm the attorney's office...

    The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
    $2,190 for companies with 26 or more employees and $1,440 for companies
    with 25 or less employees, Office Expense $50.

    so, for extension...it may still be $900.




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  • misha
    07-21 04:34 PM
    I am curious - Did you get a receipt notice for your wife? I have E-filed for AP for my family. I have got the paper receipt for me but not for my family. I am wondering if there is a pattern here.

    Thanks,
    Mitesh

    I got the 1st AP receipt notice for my wife with I485 and EAD receipts in about 1 week after they entered our case into the system (September 2007). On October, 2007 she received EAD card but never received the actual approved AP.
    I did not apply for EAD and AP. I'm still on H1B



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  • eb3retro
    04-01 09:12 AM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congrats greenguru. enjoy. i am still waiting to see one eb3 485 approval atleast and am yet to see one atleast for the past 2-3 years..even PD back to 2001. i didnt see a single approval in eb3 category for india.




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  • ikass
    06-01 08:32 PM
    Can IV help with reaching out to Media or leading magazine to provide some light into the plight of legal immigration? We don`t see articles written or spoken about our plight. IV can direct some resources to this effort and I`m sure we can provide 100s of unique stories of aspiring legal immigrants waiting for some action. Especially, if it can help congress pass 1 or 2 small amendments with other bills this Summer. Fellow IV members who are in the same situation, please share your ideas for legislation.



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  • jungalee43
    09-15 03:41 PM
    I received following e-mail from americasvoice a short while ago. That gives us some taste of what is coming. Remember for FAIR legal, illegals, undocumented all mean only one thing: -"ALIENS".
    The mail: -

    "Members of the anti-immigrant group -- the Federation for American Immigration Reform (FAIR) -- are taking Congress by storm this week.

    They have been advocating for the mass deportation of 12 million people -- or for making life so miserable for these immigrants and their families that they leave on their own. They have well-documented ties to white nationalists and have been designated a hate group by the Southern Poverty Law Center.

    FAIR is going door-to-door with Members of Congress this week to push their agenda of hate and intolerance.

    We need your voice NOW to counter the hate!

    Ask your members of Congress not to meet with FAIR:

    America’s Voice | It's Time to Fight F.A.I.R. (http://americasvoiceonline.org/fightfair)

    Make sure to send the letter today so your representatives get it in time, and please forward this message widely. "




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  • NH123
    10-20 05:41 PM
    Its illegal to work on H4 with ITIN, you need to have SSN, why did you even mention that on the tax papers. Try to hire a good lawyer to handle your case.

    Sorry for asking this here. Can somebody please tell me how can i start a new thread in this forum.Thanks



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  • radosav
    10-04 01:47 PM
    I-485 RD July 27 at Texas

    I-140 AD May 25, 06 at Texas, LUD on I-140 July 28, 07

    all checks (for I-485 & I-765) cashed Oct 3, 07 at California

    Both I-485 cases transfered back to Texas on Oct 2, 07
    I-765 shows received date as Oct 1, 07 and will stay at California. Does that mean I need to count 11 weeks from that date? And not from the date when packet was received in July?




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  • san3297
    11-10 01:52 PM
    Anyone came across this scenario...



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  • hsm2007
    09-21 07:41 AM
    Yes this is my 1st RFE. My PD has been current since september. She applied with me in back in 2007.



    I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.

    Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
    Did ur wife also applied for the I485 with you or u applied alone?

    thanks




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  • milind70
    07-26 03:12 PM
    My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
    Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

    My 140 is still pending

    Actually speaking your wife does not require any visa after applying for AOS but your 140 is not approved so to be on the safer side please change the status to H4. I would suggest consult your attorney



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  • HopeSprings
    02-14 12:25 AM
    The voice of legal immigrants.




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  • stemcell
    03-07 11:53 PM
    Londontown

    sorry to hear about your denial.

    Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.

    I am not sure if this process is followed for everyone as each case has its variables.....
    hope this helps...



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  • mrshah
    09-19 12:25 PM
    We sent our I 485 on July 4th.......got receipt of it yesterday. My husband is on H1 and I am on F1. Husband's receipt says "Adjustment as direct beneficiary of immigrant petetion" and mine says " Derivative adjustments"........
    Also what does receipt notice means????


    I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.

    TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.

    Guys, please update if you know any more details about this.




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  • gcformeornot
    06-06 06:55 PM
    Job should be same or similar responsibilities and salary

    salary is not requirement. It can not be less off course. It can be equal or more than LC.
    Currently only 2 requirements
    140 Approved and 485 pending more than 180 days.
    Job should be same or similar title. Yes title only job duties do not matter.

    This is per my lawyer.



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  • vxg
    10-15 11:25 AM
    Thanks. Can someone get me USCIS contact number to get the status on receipts.....

    dial 1-800-375-5283
    use option 1-2-2-6-2-2-1

    BTW i am a AUG 3rd TSC Filer No receipts yet. The EAD Check for my wife cashed on Oct 12th and it says Vermont service center.




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  • sushilup
    11-14 09:53 AM
    Good question...any one experienced

    If this work, it will put you on better negotiation table also.:)




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  • rsdang
    07-23 10:41 AM
    What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well

    FNU - also stands for Family Name Unknown...

    Hope this helps...




    bluez25
    08-26 02:41 PM
    Hi guestforgc,

    If you have applied for CP while you applied for 140 then you can do as I have described. But in case you have applied for AOS after you have applied for 140 you CP will automatically get canceled and converted to AOS. If you want to go back to CP , contact your attorney to do so since I know for sure there is a form to do that. But why are you confusing your self and confusing USCIS and making your case over complicated?

    Contact your attorney and see what are your options.




    paskal
    09-10 11:58 AM
    From Siskind's blog on ILW
    http://blogs.ilw.com/gregsiskind/2007/09/more-details-on.html

    MORE DETAILS ON SEPTEMBER 18TH RALLY
    Folks - The issue has been raised about whether non-citizens are allowed to participate in rallies. The answer is an emphatic YES! The main restrictions you have in participating in the world's oldest democratic republic is in your ability to vote and your ability to donate to election campaigns. You are most definitely allowed to go to a rally and press your case to the government.

    Immigration Voice has released the following advisory for those attending:

    Travel Advisory for the Sept 18th Rally/Parade



    Dear Member: As you know, the route of the rally on Sept 18th is from Washington Monument to Capitol Hill in downtown Washington DC. Please use the following advisory for travel to and from rally and related events. Everyone must arrive at the Washington Monument at around 9:00 AM on 18th. The march would begin at 11:00 AM and end at 12:30 PM. We will gather on Capitol Hill grounds and stay there from 12:30 thru 2:30 PM.


    Same day travelers: You have to arrive at Washington Monument at 9:00 AM where this event begins and leave the event from Capitol Hill, when it ends at 2:30 PM.



    Arrival Advisory

    For people arriving at the Washington Monument via WMATA Metro Rail/Bus

    There are two close Metro Stations to the Washington Monument Grounds. From your location reach one of the below metro stations. Please use the trip planner on WMATA Home page.


    (1) Smithsonian Metro Station (closest by walk)

    (2) Federal Triangle Metro Station


    Both the stations are 0.4 miles from the monument grounds and are on both Orange & Blue Metro Lines. See the map here on WMATA website and familiarize yourselves before you get on to the train.


    Tip: For those who has not been to DC before, Washington Monument stands tall and can be seen easily. Google Washington Monument and familiarize yourself, if time permits.

    Walking Directions from Smithsonian Metro



    (1) Take the 12th street exit and walk 0.1mile ( North ) towards constitution avenue.

    (2) Make a Left turn on Madison Dr NW and walk 0.1 mile ( West ).

    (3) Arrive at the intersection of 15th and Madison Dr NW to find Washington Monument Grounds.



    Walking Directions from Federal Triangle Metro



    (1) Take the 12th street exit and walk 0.1mile ( South ) towards constitution avenue.

    (2) Make a Right turn on Constituion Ave and walk 0.3 mile ( West)

    (3) Make a Left turn on 15th st and walk 0.1 mile south to find Washington Monument Grounds



    For people arriving at the Washington region airports (DCA/IAD/BWI) early morning Sep 18th

    From Regan National Airport (DCA)



    Regan National Airport is connected by WMATA Metro and is on both Yellow and Blue lines.

    (1) Take the Blue line train (towards Largo Town Center) from DCA to Smithsonian to avoid transfers on the Metro.

    (2) Use Walking directions from Smithsonian above to reach the Washington Monument grounds.



    From Washing Dulles International Airport (IAD)



    (1) Take the 5a bus from IAD at curb 2E to L'Enfant plaza Metro Station.

    (2) Get down at the Rossyln Metro Station and Take the Blue line Metro towards Largo Town Center.

    (3) Get down at Smithsonian Metro and Follow the Walking directions from Smithsonian listed above



    From Baltimore Washington International Airport (BWI)



    (1) Take the B30 Bus from BWI to GreenBelt Metro Station and get down at Green Belt Station.

    (2) Take the Green line towards Branch Ave and get down at L'Enfant plaza Metro Station.

    (3) Take the Blue line towards Franconia/Springfield Metro and get down at the Smithsonian Metro

    (4) Follow walking directions from Smithsonian as listed above.







    For people arriving on buses (ONLY IV Charter Buses) points south and west



    Points South



    (1) On I-395 North/George Mason Memorial Bridge,Stay in the 2 left lanes and follow directions to US-1/Downtown. (approx 1 mile on Route 1)

    (2)Route 1 becomes 14th St SW.

    (3) Make a left on Independence Ave and arrive at the intersection of 15th and Independence Ave.

    (4) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.



    Points West



    (1) I-66 West becomes Theodore Roosevelt Memorial Bridge and becomes Route 50 East/ Constitution ave NW.

    (2) Make a left on the 15th Street and go 0.5 miles South and arrive at the intersection of Independence ave and 15th street.

    (3) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.



    Points North and East



    (1) From 295-S/Baltimore Washington Parkway take the US 50W/ Newyork Ave exit and go aprrox 5 miles

    (2) Make a left on to I-395 S and go approx 2 miles

    (3) Take the 12th St SW/Downtown exit and Make a left on Independence Ave with in 0.5 mile

    (4) Arrive at the Independence ave and 15th street interesection in .5 miles. Buses will drop off IV members and will be parked at RFK Stadium



    Departure Advisory


    For people departing via WMATA Metro Rail/Bus



    There are two Metro stations close to the US Capitol West lawn



    (1) Union Station Metro on the Red line. (closer to west lawn by walk)

    (2) Capitol South Metro on the Orange & Blue line.



    Find out on what Metro Line (Blue/Orange/Red/Green/Yellow or Combination) your destination / Metro station is and chose either of the above Metro stations. Simply, Go to wmata website and get your itinerary. Your destination can be a Metro rail stop or some thing that is connected by both rail and bus.



    Walking Directions to Union Station Metro Station



    (1) Head North on 1st St NW towards Constitution ave approx 0.1 mile

    (2) Make Right turn on Louisiana Ave to walk towards columbus circle approx .25 miles

    (3) Cross the Columbus Circle to arrive at Union Station Metro.







    Walking Directions to Capitol South Metro Station



    (1) Head South on 1st st NW towards Independence ave, approx 0.1 mile

    (2) Make Left turn on Independence avenue and walk East approx 0.2 miles

    (3) Make a Right turn on New Jersey avenue and walk South approx 0.1 mile going past Cannon House building and C st SE

    (4) Make a Left turn on D st SE and walk East approx 0.1 mile to arrive at US Capitol South Metro.



    For People departing via IV Charter Buses


    There is no pick up available around the US Capitol. IV Charter buses will be parked at the RFK Stadium which is accessible via METRO. The Metro stop is Armory Stadium which is on the Orange/Blue lines and is the 3rd stop from US Capitol South Metro. (Trains towards New Carrollton/ Largo Town Center)



    (1) Follow the Walking directions to US Capitol South from the US Capitol West lawn as listed above

    (2) Ride the Orange/Blue line to get down at the Armory/Stadium Metro stop.

    (3) Walk towards Lot 7 from the Armory stadium. Street Signs will be available from the Metro station

    (4) Board the bus and your Bus lead/Driver will get you to your destination



    Please make sure that you have the bus lead(s) phone number and there will be a roll call before the bus departs. For exact timings of departure, please talk to your bus lead.



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