Tuesday, September 27, 2011

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02-13 03:54 PM
What all countries in the world require is young intelligent sensible people like us to become politicians....so that we can make fast changes and make this world a more interesting place to live in.

but but but....

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04-15 11:10 AM
Which country did you charge your GC to?
Enjoy the freedom...:)

9 long years! Where else will it be :-)

India -obvious.

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miguel angel buonarroti,

07-23 01:28 PM
How does it matter ? Getting the application delivered is important.

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The president by miguel angel

09-09 05:37 PM
That sucks big time!

I hope they resolve it promptly. Secondly, you can also try contact ACLU and get their consultation on this issue stating excessive harassment of legal immigrant. I have heard of few cases where they helped big time though they were asylum cases.


NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.


How much time do you think it will take for NBC to schedule an interview ?


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07-06 12:48 AM
Please update your profile so that I and others can help you effectively.

Can you share the link where you read that adding F1 to I-485 application is allowed? I am pretty sure that being on F-1 visa the intent to immigrate is not recognized. (Think about it, we would have all the students applying for Green cards then:)

You need to share your priority date as well as when you applied for 485. Assuming your 485 has been pre-adjudicated like a lot of people, I would think an RFE would only be triggered if you have any service records update (like address change on 485, I-140 withdrawl etc). Else they'll just wait for your dates to get current and once it is, they'll simply allot you a visa number.

Secondly, please recognize that once you lose your H-1b status, you will not be able to add your wife to 485 through AOS, but she will have to go through Consular Processing (UNLESS YOUR WIFE OBTAINS HER OWN H-1B or L-1).

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12-14 04:12 PM
Thanks all.

1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.

2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?

3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?

__________________________________________________ _

1. Make 2 sets of documents and send them separately. They would know because you would send a copy of I 485 petition of your wife as well in her packet.

2. You can put some future date in there.

3. It will be multiple entry. You have to write some thing describing the need for this AP.

I hope it helps.


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10-18 02:15 PM
It goes to the FBI database. They do an extensive backgroud check on you for upto 7 years. They go verify your background in your home country too. If you remember they would have asked you to fill up a biographic information form along with the fingerprinting.

I have submited my FP all 10 fingers when I was working for my past employer which was a financial company dealing in Credit Cards business. They collect it when they issue badge as part of security and its a federal requirement for financial company. I am not sure if they maintain it internally or send it to FBI for storage does any one have any info?

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Miguel �ngel

09-12 04:41 PM
Next is Baasha :D:D

And your profile says you are not coming to rally, why so?

Hey Nave! Come to the rally! We don't want "nave" to join "ranga", "billa", "pablo" and "echo" in the Reverse Brain Drain! Join us! You can still make it! We can help you with travel funds if needed!!


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06-02 04:11 PM

What is the basis for the answers? Please provide some reference.

I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe

Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):

My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are

1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application

2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???

3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.

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06-26 05:49 AM
I am in the same boat, yesterday talked to the Attorney Murthy, she said there is no need of H4 approval document/extension if they go out of country. If Stamping is needed your extension of H1 Should be approved


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01-15 09:26 AM

Your Name
Your Address
I-485 Receipt Number: xxx-xx-xxx-xxxx

December 1st, 2009

Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182

Subject: Application for Advance Parole Travel Document (I-131) for Firstname Lastname A# xxx-xx-xxxx

Dear Sir/Madam,

I need a travel document as I am planning to travel outside the united states in late February 2010. I am eligible for travel document based on my pending adjustment of Status (I-485) application, Receipt # SRC-xx-xxx-xxxxx.

I am enclosing the following supporting documents:

1. Check in the amount of $305, payable to U.S. Department of Homeland Security
2. Form I-131, Application for Travel Document
3. 2 Identical photographs (Name and A# written on the back of photos)
4. Copy of current passport (All pages)
5. Copy of expired passport (All Pages)
6. Copy of Form I-94 (Front and back)
7. Copy of a I-797C, ASC Appointment Notice
8. Copy of a I-797C, Receipt Notice for I-485
9. Copy of a I-797C, Approval Notice for I-140
10. Copy of a I-797C, Receipt Notice for I-140
11. Copy of EAD
12. Copy of Driver's License
13. Copy of Marriage Certificate
14. Prepaid self addressed envelope with delivery confirmation for USCIS to send my I-131 approval.

Please approve my application for Advance Parole.
Thank you in advance for your kind attention and cooperation in this matter.

Yours Truly,

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03-29 08:43 PM
I got the RFE notification in the mail yesterday and here is the RFE info:

The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".

I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.

1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?

3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?

Please advice. I really appreciate your help!

Thanks in advance.

Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.

In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.


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07-29 02:35 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.

Family spillover for 2009-10 is approximately 10500, and is already allocated.

We wouldn't know this number until DOS publishes Immigration Statistics for 2010.

You are right. He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.

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07-31 06:17 PM
Hi all,

I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.

the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
They sent rfe for 5 more years despite me having Masters.
The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
I was not in the loop during this process. the web site is not updated too. i got denial last week.

After talking to attorney, he filed motion to reconsider with all the proofs.

its been 10 days, i have not received any notice of receipt yet.
how long does it take to get a receipt.

can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?


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09-04 04:14 PM
I have applied for extension in June this year and got approved (July itself) for 3 years without any RFE based on I-140 approval.....

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tiempos es MIGUEL ANGEL,

07-27 03:39 PM
yes that is true that we need position and job details before looking out usin AC-21. I am in same boat, I have I-140 copy but nothing related to labor. I think I am stuck for next 3-4 years with current employer.


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09-12 11:01 PM
Hi, I have a quite strange situation here:

I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.

Which means that all status and benefits that are based on the underlying I-140 petition become null and void.

You should definitely consult a lawyer to understand what options you have now.

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03-17 02:15 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.

actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.

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05-21 10:55 AM
For EAD ,the documentation is pretty simple and straightforward.
Please goto USCIS site and take a look at I765 form and the associated instructions. Once you spend 15 minutes on that, you will have most questions answered yourself. For the ones you have doubts, please post back.

01-15 11:07 PM
Lets vote guys

07-17 06:48 PM
We should thank them all who worked for the cause. An official thank you gesture from IV would be sufficient I guess...

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