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  • add78
    03-18 04:58 PM
    RXSimha, the best advice you can take is to talk to an immigration lawyer. Nobody that has posted here has stated any facts, only interpretations. If you wish to learn more follow this thread:

    Make an account and ask your question to Ron, which has already been answered multiple times. He is an immigration attorney. But do not stop there. Confirm all information with multiple immigration attorneys of your preference at your discretion.

    Good luck.

    That is NOT true. desi3933 and I quote directly from the INA or AC-21 or UCSIC Field Memos. Please read the Yates or Neufeld memo and you will get all the answers. Many lawyers themselves do not have all the info at their fingertips and will ultimately refer to the law. By definition, a law is created to not leave "anything" to interpretation, thus the cumbersome "lawyerspeak" in which it is written. In rarest of cases where there "might" be ambiguity, it is usually clarified by Memo releases or Judicial precedences.

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  • bkarnik
    08-11 01:35 PM
    Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.

    All our cases show this status now.

    Any idea what happens next?

    Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    Where in the email does it say that the case has been transferred to a "LOCAL" USCIS office? From your information it appears that you are a July 2007 filer. Please check your 485 receipt number, if it starts with anything other than LIN, it means that although you mailed your application to the NSC, they sent your packets to either CSC or TSC for data entry. Now that your PD is current, it is quite possible that this office is now sending your packet back to NSC (which has jurisdiction) and is now pending there.

    I say this, because, the same thing happened to me and many others whose 485 submissions were sent to difeerent offices for receipting and then those packets were sent back to NSC.


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  • copsmart
    07-08 04:37 PM
    I really empathize with your frustration! In fact, I'm also in the same boat.

    My EAD renewal was filed on May 18th, and the RFE was issued on June 25th. I've not received the RFE yet, and I was told to wait for 15 days. Also, the CS Rep told me that the 90 day clock stops after the RFE was issued.

    Not knowing the reason for the RFE is causing too much stress than the actual wait. At this point, I've no other choice than waiting. My EAD and Driver's License expires on Aug 10th.

    This is the reason why I tried to maintain H1B. On H1, at least you can work if you have a renewal receipt. Unfortunately, I lost that status last year when I was laid off during recession.

    Please check your PM.

    Good luck to you.


    I self e-filed my EAD application and the Receipt date is 6/7/10. They called for Biometrics which is done.

    I got an email saying that they have sent a RFE. Waited for 10 days, still no signs of RFE. When I called USCIS, they asked me to wait for 15 days. When I called after 15 days, they created a Service Request to re-mail the RFE. Now they say, I have to wait for 45 days. When I asked them if they will extend my deadline to reply to the RFE, she said she doesn't know.

    Has anyone been in this situation ?

    What kind of RFE will they send for an EAD extension.

    I sent my 485 receipt and a copy of my EAD when I e-filed.

    How many days do they usually give to respond to the RFE ?

    Any feedback is appreciated.


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  • isedkeem
    01-30 11:23 PM
    I would say Canada because British Columbia has a much higher standard of living than Boston. Canada is generally a much better place for raising kids and the stress levels are lower because of freebies like health care etc. BC also has a much better weather compared to Boston.
    The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.

    Hi All,

    I would really appreciate everyone's honest opinions on this matter.

    We filed 140 and 485 concurrently in July 2007, EB3. As of now there is no word on either application. Previously we had also obtained Canadian PR, the 3 year grace period of which will expire this August.

    Not only am I faced with a decision of staying in the US or going to Canada, but my future career is on the line too. This year I will be 23. After taking my undergrad degree in electrical engineering, I have been accepted into Boston University Law School in the US as well as the University of British Columbia Faculty of Law in Canada. Canadian lawyers make around half as much as American ones after all factors are considered.

    In your opinion, should I stay in the US, going to law school, in hopes that the green card will come through, or should I pursue a new life in Canada, but take the lower future salary / international renown?

    This issue is currently causing much discord in my family. I hope to hear your frank opinion so that I won't take my decision lightly.

    Many Thanks! :)


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  • dineshksharma
    07-14 03:57 PM
    Can you explain in detail what your experience was and what did you get (H1 or J1)?

    While I was looking for residency, one senior doctor told me that I should wait and get H1. At that time, I was so interested in getting residency at the earliest that I did not take his advice and instead got J1. It was only towards the end of my training that I realized that to get a waiver is so difficult, in my speciality branch. i had to get O1 visa first to buy time to look for J1, which I finally did in a remote western town.
    Now it may be easier, since many VA hospitals are hiring for J1 conversion, which was not so at my time.
    Again, if possible, try for H1.

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  • kumar1
    04-25 01:53 PM
    Get enrolled in GNIIT course. They will teach you Java, .net, networking, datbase, algorithms and everything else that I did not put here and may be after that you can apply in EB-1 category. I am not mad but, if you do not have 4 year college degree, you should not have gone for EB-2 that too with labor substitution. It is a F***ed up system.


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  • EkAurAaya
    07-11 02:23 PM
    No is the correct answer.. they are here as visitors (not residents - US tax returns are for US residents - tax return 101)

    also they don't have SS# i presume, so how can you even think about adding them as dependents?

    Good try though :)

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  • loudobbs
    08-24 03:25 PM
    So I assume your PD need NOT be current to get FP notice?

    As posted earlier in this thread "MOST" people will get FP notices. Sometimes minors do not

    (from I485 instruction form)
    5. Biometric services.
    If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.


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  • ItIsNotFunny
    11-12 02:17 PM
    This is encouraging. chandu, I read somewhere (mostly on murhty) that CIS will be publishing new AC21 soon and it is expected to be more stricter. Is this just the speculation or any other indications are received?? any idea? I am afraid that what will happen to people who already have used AC21 by following what currently exists???????

    Thanks for sharing information. Can you URL for Murthy's article?

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  • zCool
    04-01 02:23 PM
    Status got updated today 4/1 to approved notice sent
    It was full 10 days after we replied RFE


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  • sbabunle
    05-27 06:53 PM
    Hello Gus
    My understanding is that Sen Maj. Leader and Min leader pick senate
    conferees. Similar with house. Democrats support the bill. Most of the
    republicans oppose it. House and Senate Bill are different like day and
    night. The bill has to pass because.

    1. Enforcement and Boarder protection is highly needed and the house
    really want it. If they need it they have to make some sacrifice accepting
    guest workers program with slight modification etc. Otherway the CIR supporting conferees may not agree and bill dies leaving things same as now
    which nobody wants.
    2. Election is approaching. Most of the leaders in Rep party openly admitted
    that Enforcement only bill will affect them adversly
    3. Mr. Persident is a strongly supporting Guest Worker program.
    4. If a enforcement only bill is pased thats going to affect the relationship
    with Mexico.

    I believe the House is against legal immigration too. Otherway some provisions might have survived in the budget bill. My biggest worry is that
    if CIR supporters and Opposers (conferees) will be happy to remove legal immigration provisions in the in the reconcilation process and call it deal!


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  • ivar
    03-12 09:59 AM
    if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.

    The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.



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  • guyfromsg
    10-03 07:39 PM
    Please help me. There is no LUD on my status online. I had my finger printing done on sept 19. CODE 3. For both my husband and me!! I don't see any updates on the status online. Can someone tell me what I should do? FBI says they sent the prints the same day!!!!

    Am I stuck in Name check already?? How do you know this?????

    I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?


    OK. If you read my posts I'm in the same boat, no LUD after FP. I called FBI finger print number and verified the results were sent to USCIS the same day. I didn't call USCIS. I was also worried like you about getting stuck in Name check. I joined the Yahoo Name check group and one kind individual answered my question (thanks John). See below.

    FP and namecheck are independent.

    a)FP checks
    your fingerprints against FBI fingerprint
    databases and the result comes back within couple
    of days (or maybe even one day).

    b)fbi namecheck
    compares all combinations of your name
    against FBI national namecheck program database
    (86 million records).
    This one comes back faster (they say less
    than 6 months) if there are
    no hits , but if there is some hit ....then
    human person needs to clear all hits by requesting
    copy of the paper documents from any /all
    of the 250 FBI offices across USA . So this
    is time consuming process and some of us have
    been waiting for over one year , two years , three
    years etc.

    the LUD thing has no significance. you cannot
    interpret much from lud and it causes
    unnecessary anxiety . some people don't get any
    luds from receipt date until approval.

    try a service request first to find out if your
    namecheck is pending .if you get a letter saying
    "processing of your 485 is delayed because
    investigation into your background remains open"
    or something like that , then it means the namecheck
    could be pending !

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  • sdrblr
    09-11 12:35 PM

    You cannot mess with that, Can you?

    creative eh!:D:D:D:D


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  • venkygct
    05-28 11:20 AM
    e-filed on 19th April and got the confirmation receipt by post on 23nd April. After that no updates. Anyone facing this issue?

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  • abhijitp
    11-20 04:33 PM


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  • nat23
    03-23 03:28 PM
    based on link -

    It would have been more encouraging had the article said that Pelosi has set the date for floor debate instead of Harry Reid.

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  • poorslumdog
    03-18 12:03 AM
    Let them inform. Logically nothing should happen. The company wants to be in the safer side by informing USCIS.

    Since you are in EAD, take unemployment and enjoy life. Hope for the best and get ready for the worst.

    My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. Because of that i got 2 weeks more time to think over. Anyway they are not going to pay. Did you ask the company to pay you a return airfare to your country. If you ask, they will need time to research and you will get more free time.

    This is completely wrong. Once you are in EAD and got laid lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.

    There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.

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  • va_labor2002
    06-23 09:58 AM
    Check out the web site for Ministry of Overseas Indian Affairs;

    Ministry of Overseas Indian Affairs
    9th Floor, Akbar Bhawan, Chankya Puri
    New Delhi - 110 021, India
    Phone Number: +91(11) 2419 7900

    I already sent couple of emails to them yesterday !!

    03-16 01:10 PM
    Yes, Norman Matloff goes over IV once in a while to know whats the current "in thing", he mentioned this once in his newsletter.

    For this reason IV should stop posting any strategy and plans on www that is accessible to everyone.

    04-02 01:24 PM
    please see yours..
    and post in public.
    I have seen you doing this PM things on immigrationportal and here before with other memebers and was very frustrating to me since I also wanted to get advice and maybe something in your situation would have applied to me ,
    PM unless something is really private defeat whole social networking aspect of self-help groups like ours..
    Hope u understand.

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