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ski_dude12

07-13 01:14 PM

Another substitute case...

Any reason you went for substitute labor instead of your own?

I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

Thank you

Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.

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gcwaiting4031

11-26 04:48 PM

1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?

2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?

3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?

4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?

PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
__________________________________________________ ________________
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush

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freddyCR

February 11th, 2005, 06:12 PM

Still testing...how do you like it ?

34 mm
F/8
1/100
iSO 100

http://img.photobucket.com/albums/v629/alcorjr2/IMG_0194-1Large.jpg

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WaitingYaar

01-09 09:39 AM

Thanks for the info. Any thoughts on under what scenarios they issue request for an interview. And does this means that the case is further delayed, or they randomly pick cases for interview.

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mrana

01-18 12:59 PM

Hi,

Thanks for information.

So as you mentioned that you had similar case. Did you have LIN# only or 1-140 receipt ?


Thanks

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kamand

01-04 11:41 PM

Hi,

I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.

Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?

Please share your experience on this. Any advice will be greatly appreciated.

Thanks.

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die_exquisita

06-04 02:28 AM

Thank you for your responses! I guess it makes better sense to do the H4 processing sooner than later!

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nixstor

12-16 10:40 PM

My wife would like to change from H4 to F1. How ever, we might need to go out of country after she changes to F1. Is there any one here who has gone to Canada/Mexico/India to get their F1 stamping done recently?

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ita

10-23 05:04 PM

From this link it's sure Obama is going to get CIR taken care of.All those undocumented workers ,who he is so sweetly saying should get into the the end of the line after paying fine ,now will they effect our long queues in anyway?(like the amnesty people did to EB3 in 2000)
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .

Would be nice to read others opinions on this.

Thank you.

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waiting4gc02

10-12 02:32 PM

Guys:
I know this has been asked gazillion times but jsut wanted to make sure I got it right.

On uscis website for my I-485 it says " On June 9th we recieved you application and ........so forth.
The date when this is done is June 13th as seen on the LUD.


So my understanding is that my 6 months period for me to knick in the AC21 rule would be Dec'9th.

Is this correct ??

Thanks
PD: Feb'02/EB-3/INDIA

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johnggberg

08-12 10:38 AM

dont worry about it, your good to go, i did it to back in 2002 i didnt had any problems. good luck

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cooler

02-24 12:51 PM

Haitians might be eligible for TPS (Temporary protected status) because of the recent earth quake. Not sure if this applies for people already in USA or not.

Try exploring that. Like Madan said, you would need to be a citizen if you want to sponsor her GC.

Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you

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mhkumar

03-24 06:02 PM

http://ac360.blogs.cnn.com/2009/03/24/goodbye-chang-so-long-singh/

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ponnuswamyp

09-09 01:56 AM

I gave FP 2 weeks ahead of the scheduled date. They only checked whether I have a FP notice.

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gc_chahiye

09-19 05:21 PM

if i use EAD for a part time job, does the H1B visa status become invalid?

yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.

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gcformeornot

08-08 09:25 AM

When USCIS will clear July 2nd load. RD generation will move faster till July17.

Since most of the Company filers(not self or desi filers) did not file for their employees.

This is including my company

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lacrossegc

12-11 08:17 PM

Cool Mr engineer !!
I'm in La crosse, WI...
Already signed up for recurring and $150 one time for Omni bus

Fellow WI-IV folks, please contribute ....

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sledge_hammer

05-05 10:40 AM

See my PM...

anobody? i really need your advice.

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Vturlapati

08-30 12:12 PM

On a separate note, If we have valid AP now and already applied for extension, if we get GC approval while in India , can we wait till we get new AP and reenter using new AP if somebody brings that or mail it?

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gc_chahiye

10-27 01:54 AM

I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.

For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?

The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)

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krovvidiusa

09-03 09:36 AM

I filed my 485 in EB-2 I, in July 2007. My PD: Nov 2004. I couldn't resist myself from creating an Infopass appt to find out the details of my case. I am in Dallas, TX. Had the appt at 7am this morning and I am pretty happy with the appt. I had a soft LUD on 08/14/09 and was concerned if it was for pre-adjudication. The officer was respectful and answered all my questions. I was asked my priority date, category, country chargeability. He checked the system and told me that the case is pre-adjudicated on 08/14/09 (hence the soft LUD) and a decision has been made. I asked him if he would know the decision and his response was "I cannot officially say that it is in the YES bin, but USCIS does not have to wait for a visa number if it was in the NO bin." I said that I understood it and asked if the namecheck and FBI check were complete. He said, the next step is to approval. I was all smiles.

I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).

Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).

My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.

I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.

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