Saturday, July 30, 2011

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  • EADQuestion
    08-14 12:21 AM
    My EAD expiring on September 9th, 2010. I applied June 16th 2010, Notice date 23rd June 2010.

    I have not received anything so far. I have India travel planned on August 27th.
    My worry is if I receive Finger printing notice when I am in India, what will I do?
    USCIs expedite request denied because 75 days not over yet.

    What are my options? Losing my sleep over this. Pls answer..





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  • mariusp
    08-12 03:37 PM
    I submitted my 485 on July 12 and I got an 08/05 LUD on my pending I-140. Could be coincidence or they checked my 140 as part of the initial 485 processing...





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  • tammman
    10-06 09:34 PM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.





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  • mmanurker
    06-25 01:27 PM
    SSSarkar and Morpis,

    My wife's passport is also expiring in Oct'07 so I spoke to my company's attorney and he said its not a problem and advised me that we will go ahead and file our (me and my wife's) 485. I am planning to apply for the renewal of my wife's passport sometime in July or Aug'07



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  • manderson
    12-29 07:56 PM
    have you tried filing a FOIA (freedom of information act) request to obtain the 140? i don't know how well u have researched this, but u should talk to a good lawyer.

    Getting I-140 approval copy is not possible.
    I only have case number prinout.
    anyways, it is not a big deal. Worst case, I will get 1 year extension.
    It is not going to deter me from exercising AC-21.





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  • Googler
    02-14 04:24 PM
    "Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
    (1) never been authorized by Congress;
    (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
    (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."

    http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

    What a fabulous ruling this is.

    One question for Lazycis:

    # (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."

    As far as I can tell even (1) and (2) only apply to Naturalization applicants.

    So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.



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  • govindk
    10-26 04:07 PM
    I filed mine on July 27th. Still no EAD for me or my wife. :(





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  • needhelp!
    10-24 05:00 PM
    Here's another bump incase DFW friends have missed it.



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  • ramaonline
    06-22 02:27 AM
    according to the current regulations
    h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
    u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
    pl confirm with ur company attny





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  • Blog Feeds
    04-28 08:40 AM
    From Politico.

    More... (http://blogs.ilw.com/gregsiskind/2010/04/reid-considering-bringing-immigration-bill-directly-to-floor.html)



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  • ajay
    03-02 10:15 AM
    There is no doubt that the article is well written. But looking at the comments what I feel is nobody is happy about us being here or there!!!
    It is completely a difficult situation we are in if we are into any trouble.





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  • gc@waiting
    07-25 06:17 AM
    Can someone shed some light as to what exactly are the things checked and the steps in 140 processing? Is it one's education credentials or employer history and/or ability to employ/pay etc?



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  • TeddyKoochu
    07-29 03:26 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.





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  • karan2004m
    07-29 01:38 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.



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  • p1234
    10-04 06:29 PM
    DON'T BELIEVE ANYTHING this guy says...read this thread (the posts towards the end)
    http://immigrationvoice.org/forum/showthread.php?t=21835





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  • SAPGURU
    01-05 08:21 AM
    Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.



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  • braindrain
    06-03 12:19 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.


    I believe your wife can travel. I was in a similar situation couple of years back where We had to travel while the transfer was pending and when contacted the attorney, they did not raise any issues.

    Luckily, we got our approvals before we actually left and was not a issue. Again, it was more than 2 Yrs back, so pls do consult attorney.





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  • mmk123
    04-18 08:04 PM
    we filed online I539 for extension of status and sent documents today. Should be all set even if opening air-space takes few more days. It's simple for this kind of a case..

    thanks!





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  • eb3_nepa
    08-13 09:39 PM
    Last week we all got the LUD of 08/05/2007 also a Sunday. My lawyer said maybe it was a mass update, but now I am beginning to wonder if that is the case.

    Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing

    You are not a concurrent filer.

    Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.





    gauravsh
    03-28 01:13 PM
    Thanks,
    I talked to a CPA and he said as long as I submitted the tax returns it should be fine.

    My address on salary slip was of california but they never deducted any taxes for CA.





    abhis0
    09-18 07:13 PM
    got receipt today . 07/02 10:25am the famous J.Barrett .
    Guys, keep up, you will be fine and get it soon.

    Congrats Buddy.....Was your I140 approved from TSC?



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