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  • vaishnavilakshmi
    11-13 09:08 PM
    Hi Guys,


    I verified my 485 Application status online and this is what I found can you guys tel what could this mean.

    My I140 is not approved yet.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.


    Hi,
    As far as forum knowledge,Usually 485 approval updates would be either we sent u a welcome notice or approval notice sent or card production ordered etc.But when document mailed etc,i think it might be a RFE on ur 485 or may be ur AP document(by mistake,updated on ur 485).If u r extreme lucky,it could be ur GC!!!!

    Anyway wish u goodluck,
    Please update ur post when u recieve the document mailed by USCIS,
    thanks,
    lakshmi




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  • sledge_hammer
    04-22 08:44 PM
    Admins - Please ban 'Brittanicus'




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  • Juan28210
    11-06 11:48 AM
    Thanks FinalGC!

    Yes, I have that paid health benefits clause in my contract that I would use as counter-attack to my employer if they ever get back to me.




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  • TheCanadian
    11-25 12:24 AM
    Just wait till the end and vote for the one that's closest to winning.

    I voted for that fish monster thing, pretty slick.



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  • santb1975
    04-25 12:00 PM
    I am using AC21. I start my new Job on Monday. I have had an independent attorney of my own for the past 3 years from whom I get a second opinion from time to time. I have already hired them for my AC21. I really liked the attorney I was working with through my old employer as well and at this time I do not know if my I-140 will be revoked. My employer will keep me in the loop with anything. My attorney has already prepared an AC21 package. Take a look at Page 3 of the Yates Memo. Here is the link (http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf). Here is an extract as well

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
    the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
    the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
    the office having jurisdiction over the pending Form I-485 that the new offer of employment is
    in the same or similar occupational classification as the offer of employment for which the
    petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
    alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
    officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
    103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
    to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
    employment in the same or similar occupation, the BCIS may consider the approved Form I-140
    to remain valid with respect to the new offer of employment and may continue regular
    processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
    not established that the new offer of employment is in the same or similar occupation, the
    adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
    to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
    the Form I-485.hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex




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  • days_go_by
    08-23 10:52 PM
    180K per BEC and 2 of them so 360K cases overall.



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  • radhay
    05-15 11:57 AM
    Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.

    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?




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  • aph0025
    11-12 12:21 PM
    From the day you file your case you are legal to work with your new employer until its approval or denial. When you file your case (filed in normal processing without including paystub) sometimes they just approve it and sometimes they ask for a current paystub for evidence to close the case as approved. As you start working for your new company you would get a pay stub which can be used for the query.

    That's a good point as well. I am planning to go in for premium processing on the safer side. But, if there is a query for pay stubs, they would require my previous employer's pay stubs right (the one from whom I am transferring my H1B visa to begin with)? I hope you are right, and my assumption is wrong. Looking at the responses, a lot is dependant on the immigration officer.



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  • gc_chahiye
    11-09 02:43 AM
    I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.

    oh ok, it makes sense then. thanks for clarifying that.




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  • seahawks
    07-19 08:32 PM
    I work in CA, my I140 is approved from NSC.
    But the lawyer sent the 485 to TSC.
    I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC

    Employment-based adjustment of status.

    File all employment-based adjustment of statusapplications at the following address:
    USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485



    Did my lawyer screw up?
    No, there are two theories, usually if your I-140 was approved from TSC, then 485 gets filed there. Most of the 485's got to Texas these days. Now if it was send in any of them, they usually forward it to the right center.

    I am from WA, mine I-140 was filed in TSC and so was my 485. They have different clauses like if you file concurrently, if your I-140 was approved and soo on.. so what is given online is not very clear. Don't worry, things will be fine. If you feel you are confused, always call USCIS and they will provide you the input.

    Not an attorney, just an observation and reading. I know lot of people filed in NSC and they got forwarded by NSC to TSC!



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  • meridiani.planum
    11-21 01:47 AM
    Meridiani.planum.... Thanks for your reply....
    Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?

    There the 3 stages to the GC: PERM, I-140, i-485. PERM takes 3-4 months on an average. I-140 takes 6-12, and I-485 taeks about 6-8. So in general getting the GC can take anywhere from 1 to 2 years. HOWEVER other than USCIS delays in processing, there are two BIG catches:
    - I-485 security/name check : this is an FBI background check where some percentage of people get stuck for years. Most people clear this within a month, but some unfortunate few get screwed.
    - RETROGRESSION: To get the I-485 approval your priority date (the day you have filed your PERM) needs to be "current". Each month the Department of State publishes a "Visa Bulletin" indicating what dates are current. The latest bulletin is here:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
    Because of per-country quota's of visas, some countries are more backlogged than others. Actually only some countries have specific backlogs (India, china, mexico, philipinnes). Others are clubbed together into whats called Rest-Of-The-World (ROW) or "All Charge-ability Areas Except Those Listed".

    As you can see in the bulletin for EB3-ROW they are currently assigning visa numbers to applications filed before September 2002. Meaning your 485 cannot be applied or approved until the date in the VB moves past your PERM filing date. EB2-ROW as you can see has a nice little "C" next to it. That means its "Current" meaning there is no backlog, meaning you can immediately file your 485, and if all goes well and 6 months later its still "C", you'll have your GC.

    bottomline: for you moving from EB3 to EB2 changes your greencard processing time from say 7 years to 2 years.




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  • simple1
    09-13 12:25 PM
    Let's not fool ourselves with these petty differences.

    Cheers!


    Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!


    I agree, health care reform discussion is a good indicator of the intensity of CIR discussion. We need to be ready.



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  • pmat
    04-10 04:32 PM
    I don't get what caused the sudden spike in the Master's quota. Earlier it used to be open for at least 15 days... Can it be because of increase in number of international students or people loosing in previous year lotteries going for Masters??? I seriously believe that H1B visa program needs reform - a valid job offer (read project for consultancies) must be necessary for applying AND a joining date within 2 months of starting FY. This is true madness going on.




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  • aquarianf
    06-25 10:22 AM
    As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.

    I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?


    Wait till 1st July. My friend who send his application on 29th May still waiting for receipt number but other friends who filed in June first week got their receipt number.



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  • coopheal
    02-11 11:35 AM
    Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?

    As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.

    At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.


    Thank you

    There are reasons why IV take certain bills and do not focus on others. The main reason being chances of it getting passed in way or form which will help our situations.

    Even then there are no guarantees that any bill will pass.




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  • funny
    09-16 12:31 PM
    Everything else can wait till tomorrow....All the "Help needed..." Threads and "HOW USCIS Sucks..." "Please Help.." threads can wait till tomorrow....Only thing that matters today is YOUR phone Call...



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  • kminkeller
    03-09 01:08 PM
    Hmm thats weird. So what is porting? Does it mean that you can port from EB2 to EB2 only? I was thinking since I have my approved labor and I140 on EB3 and now as I have gained more experience and my salary meets the criteria I should be able to port from EB2 to EB3. If this is not the case then it is messed up.

    BTW dentist, I am starting a new job by the end of this month and need to talk to the employer on my situation as they are willing to help me with my paperwork. that is why it is urgent.

    Anyone has any insight to this matter.

    Thanks.




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  • jonty_11
    05-15 10:27 AM
    Good going IV..
    Yes I agree being current means NOTHING...if it retrogresses again befor eyo uhave your GC in hand...u will be in a waiting game again like always...so reform is the only solution.




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  • ski_dude12
    10-15 02:17 PM
    It is possible that since you are on H1 they might have assumed that your employer filed for your GC.




    kminkeller
    03-09 01:08 PM
    Hmm thats weird. So what is porting? Does it mean that you can port from EB2 to EB2 only? I was thinking since I have my approved labor and I140 on EB3 and now as I have gained more experience and my salary meets the criteria I should be able to port from EB2 to EB3. If this is not the case then it is messed up.

    BTW dentist, I am starting a new job by the end of this month and need to talk to the employer on my situation as they are willing to help me with my paperwork. that is why it is urgent.

    Anyone has any insight to this matter.

    Thanks.




    Anders �stberg
    March 15th, 2004, 04:30 AM
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