gc_on_demand
03-25 02:16 PM
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
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makemygc
07-26 12:31 PM
It is advisable not to move until you get fingerprinting notice.
The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.
Thanks WeShallOvercome.
What about address change after FP Notice? How do we communicate this to USCIS. I know there is a generic address change form which you need in any case you move more than 10 miles from your place. Do we need to use the same form or is there any difference process?
The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.
Thanks WeShallOvercome.
What about address change after FP Notice? How do we communicate this to USCIS. I know there is a generic address change form which you need in any case you move more than 10 miles from your place. Do we need to use the same form or is there any difference process?
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02-14 12:48 PM
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babu123
05-03 03:05 PM
EB2 Non Premium
I 140 , Date filed: Sep 20, 2006
Date Approved: Oct 4, 2006
Only in 10 business days.
I 140 , Date filed: Sep 20, 2006
Date Approved: Oct 4, 2006
Only in 10 business days.
more...
pappu
08-15 11:54 AM
we can ask support from
http://www.usinpac.com/
let us register with USINPAC from here
http://www.usinpac.com/register.asp
another wikipedia which has lot of info on Indian Americans!!
check Politics section on this page
http://en.wikipedia.org/wiki/Indian_American
another interesting item ..
Merrill Lynch recently revealed that there are nearly 200,000 Indian American millionaires. One in every nine Indians in the US is a millionaire, comprising 10% of US millionaires. (Source: 2003 Merrill Lynch SA Market Study).
IV is already working with USINPAC. if you know of any other indian orgs http://www.garamchai.com/desiassc.htm, pls contact them for support as an IV member.
http://www.usinpac.com/
let us register with USINPAC from here
http://www.usinpac.com/register.asp
another wikipedia which has lot of info on Indian Americans!!
check Politics section on this page
http://en.wikipedia.org/wiki/Indian_American
another interesting item ..
Merrill Lynch recently revealed that there are nearly 200,000 Indian American millionaires. One in every nine Indians in the US is a millionaire, comprising 10% of US millionaires. (Source: 2003 Merrill Lynch SA Market Study).
IV is already working with USINPAC. if you know of any other indian orgs http://www.garamchai.com/desiassc.htm, pls contact them for support as an IV member.
ksrao1234
05-28 09:03 PM
Even i am in same boat. My case was pending since 2003 (from Oct 2007 with local office). Security and background check pending with senators enquiry. This month i filed WOM. Waiting for response.
more...
cox
May 2nd, 2005, 09:38 PM
Thanks Kevin! Trial and horror it is then . :-)
Ah, so you've seen my "technique"? :p
It usually doesn't take that much fiddling. The car shot was a special case because of the black finish and the fact that I was shooting from a moving vehicle. At airshows I can usually get the effect I'm looking for in three or four attempts per lighting level (manual mode). I suspect that the motorcycles would be similar.
Ah, so you've seen my "technique"? :p
It usually doesn't take that much fiddling. The car shot was a special case because of the black finish and the fact that I was shooting from a moving vehicle. At airshows I can usually get the effect I'm looking for in three or four attempts per lighting level (manual mode). I suspect that the motorcycles would be similar.
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brawn81
08-09 06:51 PM
can you please add 2005,06,07,08 in the poll options..
more...
ubetman
09-10 12:08 AM
Can we buy there in DC instead of ordering now and not receiving before we leave? I am from dallas and If I order on Monday, do you think I can get before friday? FYI: I am leaving on saturday morning...Thanks...
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njboy
02-12 02:29 PM
first of all, your question is irrelevant..if you are going to canada, you are not required to submit your i-94. your new i-94 is the one attached to your h1b approval..so ..it doesnt matter how long they stamp your visa..you can stay in US till the date of the i-94 you got attached to your h1b approval notice
more...
uma001
07-24 03:26 PM
Yes, it is better to delay it until economy picks up and unemployment rate goes down to 5%...otherwise he will get lot of queries. BTW nobody is willing to file green card at this time.
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ggc
10-16 04:41 PM
No, I received interview cancellation letter for the interview that scheduled in 2009. Reason not mentioned in that letter. We moved to CA, this year and San Jose field office scheduled interview
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sukhyani
09-04 12:05 PM
Fellows in pain ...
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Congratulations man!
now here is the stream of questions :)
Your Service Center?
GC approved with Priority date April 2001 or Dec 2004?
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Congratulations man!
now here is the stream of questions :)
Your Service Center?
GC approved with Priority date April 2001 or Dec 2004?
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VMH_GC
12-14 03:41 PM
Thanks all for your information. It is really helpful.
more...
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h1techSlave
03-25 05:12 PM
I think we all should vote for just one immigration related question
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redgreen
09-25 04:52 PM
There are diversity lottery, asylum, etc, options also for gc.
However, the main points of getting us citizenship is described clearly in it.
However, the main points of getting us citizenship is described clearly in it.
more...
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Alabaman
11-09 02:00 PM
Like my name suggests this is Alabama. I am in Birmingham... lets gather round yall.
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vxg
08-31 02:03 PM
Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.
kanaka
The FP done for AP does not apply to I-485, the two are separate.
kanaka
The FP done for AP does not apply to I-485, the two are separate.
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gc_maine2
08-08 04:27 PM
OK good another thread, now you have posted this info you can also close this thread.:)
http://www.uscis.gov/files/pressrelease/FAQ3.pdf
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
http://www.uscis.gov/files/pressrelease/FAQ3.pdf
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
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10-21 01:44 AM
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icecreamy
08-28 01:18 PM
Has any one filed at TSC got FP notice lately?
I have a travel pending so any information on the recent development is appreciated!
My case:
485 RD - 07/02/2007 (Filed at TSC)
485 ND - 08/17/2007
FP -- ?
I have a travel pending so any information on the recent development is appreciated!
My case:
485 RD - 07/02/2007 (Filed at TSC)
485 ND - 08/17/2007
FP -- ?
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