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  • hpandey
    01-02 02:16 PM
    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

    As Lacrosse said most probably 3-4 years but you never know .. you can get lucky like this year when USCIS made everything current for July . If a month like that comes along then you would be able to file for AOS .

    A miracle can happen but if it doesn't your wait time could be anything from 3 - 5 years or





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  • GotGC??
    03-27 12:03 PM
    And this "attorney" was actually paid for filing this PERM application?

    The educational requirements specified in the PERM may give you some room to wriggle out of this.

    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.





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  • raamskl
    10-04 08:30 PM
    Thanks for sharing.





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  • kkmajid
    10-16 01:55 PM
    Hi again,

    Thanks for your reply.....

    If i am doing premium processing or I-140 then it should take 2 weeks to get a decesion so it would take 4 months then? Please explain

    Kambi



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  • HOPE_GC_SOON
    07-16 11:47 AM
    I second this: NO Link of Wage Level to EB2. what all matters is Qualification and Job requirement. That's what I heard from my Paralegal.


    I agree. I am EB2 and my Prevailing_Wage_Level is Level II





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  • NNReddy
    04-01 04:42 PM
    Did you port it thru same employer or a different employer?



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  • axp817
    04-09 02:54 PM
    Is this legal?

    Yes.

    Is it a common practice?

    Apparently.


    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.

    Good luck.





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  • don840
    04-03 06:06 PM
    Have had unfortunate turn of events and need your guidance.

    I had a valid approved h1 petition and i-94 for 2005 through company A.
    Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.

    Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.

    USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.

    The 2007 h1 was also filed in similar fashion as the 2005 h1.
    Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.

    The only option is to get on h4 by applying from consulate in India.
    Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.

    I want to know my chances of getting an h4 approved.



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  • njboy
    05-08 10:33 AM
    Pa** may be denigratory in England, but to me, its like saying "desi". Is "desi" denigratory too? I was just guiding our friend to forums that might be able to help him better. Im sorry if any offence was taken.
    Kind regards





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  • senthil1
    06-17 11:01 AM
    Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.

    Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed


    I wanted to ask IV if there is anything we are doing for people like me.
    After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
    So If the bill passes I even can't apply for LC and so force to go back after 6 years.
    Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
    Are there ANY people left like me?



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  • DSLStart
    07-28 03:56 PM
    The reason for transfer as per email was that the jurisdiction is now TSC But why now? why not transferred along with 485 in 2007?
    Orignal poster,
    what was your message in email/online status?
    is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!





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  • bluez25
    08-26 02:18 PM
    also one more thing is that my previous attempt for GC with my previous employer was more that 4.5 years for the labor to be cleared and unfortunately I had problems and quit that employer.



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  • newcomer
    07-11 10:37 PM
    Good one. Could also add the IV logo on it





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  • FredG
    November 15th, 2007, 11:53 PM
    I got in the habit of reformatting cards after a few episodes of returning a card with pix remaining to a different body and having it reset my numbering system. It's not uncommon to download cards from more than one body at a time. It's easier for me to format than to keep track of which card(s) came from which body.


    I use (in order) a blower, an arctic butterfly, a lens pen. I check before going to the next step and try to get the job done with the least intrusion.



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  • cris
    08-30 10:22 AM
    many thanks to all you guys answered and clarified my issue .





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  • imm_pro
    08-15 05:33 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.


    Hearty Congratulations..and please continue to support IV



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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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  • sanjay
    01-27 03:41 PM
    I think you may be venting your anger on some spam bot. If you didnt notice the name of the blogger is LayoffBlog which is also the name of a website with this information.

    Good catch. I missed it. Thanks for pointing.





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  • MannyD
    10-02 12:49 PM
    Hi,

    What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.

    Can someone please let us know how this I-94 surrendering and numbering works?

    In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).

    In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.





    aadimanav
    09-05 04:05 PM
    Thanks for telling me.





    green_world
    02-13 08:59 PM
    I-485?? save $$ join IV



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