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  • mundada
    09-05 04:54 PM
    no you do not have to wait.

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  • HumHongeKamiyab
    03-16 04:49 PM
    Thanks Fittan. I am waiting for an answer from my attorney.

    Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.


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  • KbK
    04-09 11:50 PM
    Hi friends
    I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.

    The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.

    On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.

    If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.

    I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.

    This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.

    Friends at the end, may I request you to please send your thoughts on this?


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  • sri1309
    11-09 07:34 AM
    sure. how about friday evening. say around 7:00? you bring the chips, I'll bring the salsa.

    Good one, but no Mr. Hopeful, thats not going to be that easy.

    Its quite possible you cannot meet any of them that easily in next few weeks or months. But we can keep writing to many, papers, etc.. Write even Bill Clinton who strong supports the government and others too. and in change.gov-->Agenda-->Immigration to write to BArrack.


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  • pd_recapturing
    10-14 07:27 PM
    My DL is going to be expired in Nov and I have H1 stamped till Jan 08. I received EAD till Sep 08. I am planning to go to DMV to renew the DL. I will be carrying EAD and Passport (with H1b stamp). Please note that I have not applied H1B extn so far. I have following questions:
    1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?
    2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
    3) I live in VA, can someone pls share his/her experience in this regard ?


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  • stirfries
    03-21 06:16 PM
    Hi Stirfries

    I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!

    Thanks for your response, there might be light at the end of the tunnel..!!!

    I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !

    In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...

    Dear XXXXX -

    1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.

    Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.

    Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)

    Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!

    Good Luck !!!


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  • atul555
    09-02 02:17 PM
    Your previous thread, you narrate the incident. You are pleaded guilty in the court. But now you are saying the court dismiss because unintentional stealing.
    Which is correct ???
    You are stealing/swallowing your words ??? !!!!!!!!!!!!!!

    I don't think he is here to be tried in public by idiots like you. Why is this site full of self righteous punks who reply back to put others down. I saw similar set of replies for a woman who sought help regarding her status for entering the country without passport from Canada (which was legal pre 9/11) and then divorcing the dude she was married to. Some righteous pricks called her names and gave red dots generously.
    Seriously if you don't have constructive advise just keep your mouth shut. Nobody needs you to bring your vigilantism and judgement ion other people. A few too many pricks are the reason a lot of us get turned off of this site.
    The OP needs some advice irrespective of how he got to this situation.

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  • inspectorfox
    08-04 10:45 PM
    Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!

    WOW... It's hard for me to believe this. I think it's all your good karma.
    I filed my I140 in Oct 2006. RFE for Ability to Pay. Replied to this RFE in Feb 2007. I noticed no progress on my case so I decided to upgrade to PP on June 15. Still no decision. Took INFOPASS appointment on 07/27 to check case status was told USCIS got the Missing Documents on June 15 (Surprise Surprise - No documents were ever sent) and case has resumed normal processing. Lawyer says USCIS Officer did not provide correct information to me... He got an email stating my case has been moved to the Review Department of TSC for background check. Its 303 days today since I filed my case and I would appreciate if someone could guide me if there is a way to expediate the processing.

    User: InspectorFox
    Labor Filing Date: 10 Oct 2005
    Service Center: Texas
    Processing Type: premium
    Category: EB3
    Filing Type: non-concurrent
    USCIS Receipt Date: 05 Oct 2006
    USCIS Notice Date: 28 Nov 2006 RFE: yes
    RFE Reply Date: 06 Feb 2007 I-140 Status: pending
    Nationality: India
    LUD: 07/28, 06/19, 06/18, 06/15, 02/14, 02/08, 11/28, 10/05


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  • vxb2004
    04-28 08:23 PM
    have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.

    I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!

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  • acepb
    04-23 11:31 PM
    ...on getting your most-awaited award...patience is finally paying off...


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  • freedom1
    01-22 04:18 PM
    i got similar message, but this was for Advance Parole not 485...


    Current Status: Document OTHER THAN CARD manufactured and mailed.

    On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    Your AP might be on your way!


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  • pappu
    01-29 12:51 AM
    Could someone here take the responsibility to organize the first confrence call for all TX members? pls get together on a conf call and discuss action items.


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  • cool_desi_gc
    11-18 04:45 PM

    180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ? It is not 180 days from the EAD reciept.Correct me ?

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  • m306m
    08-13 10:24 AM
    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd


    More golds expected.

    Yes Right, Hats off to Mr. Phelps.

    in other olympic news,
    Alicia Sacramone was heart broken because of 2 major faults last night which contributed in the US not winning gold.
    Katie Hoff didn't swim well and came 4th in the 200 meter medley

    In other news,
    And yes, Russia should not be invading Georgia. I think McCain is right.
    Also, A building collapsed in Mumbai
    Further, 3 aid workers were killed in Afghan attacks

    Oh and for more news, we should visit www.cnn.com

    Now, how is all this going to help me get my GC sooner.. hmm..:confused::confused:


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  • factoryman
    07-02 01:20 AM
    Keep it as it is. Then you can do FB based GCs on either side.

    Talk of 'having the cake and eat it too'. Perfectly possible in this case.

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  • desi chala usa
    06-07 05:57 PM
    The actual category determine at the stage of I-140 as you ask USCIS to consider the case as EB2 or EB3 but to ask the EB2 or EB3 at I-140 stage the job description as well educational requirements should be filled in labor such a way so you can support the EB2/EB3 at I-140 stage.

    Hope this help.


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  • 485Mbe4001
    10-24 01:08 PM
    Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.

    My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.

    I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.

    Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN

    I have couple of friends who have claimed like this....

    if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....

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  • dixie
    09-30 05:28 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective in the larger context of this huge EB mess.
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!

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  • mhathi
    03-20 12:14 PM
    What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...

    Overall true, just one clarification... More the number of employees that have applied for a GC, chances of RFE are higher.

    Am I correct?

    03-14 11:22 AM
    I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.

    Hi nfinity,
    I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
    1. mumbai consultate,
    2. POE
    3. If you have any additional tips.


    January 28th, 2008, 02:51 PM
    I also don't have a Nikon D40x, but I don't think any of this discussion is related to the specific camera model, although some of my discussion relies on you being able to change settings on the camera, and my names of things may be off from what Nikon uses - hopefully I can still get you on the right track.

    It's actually a myth that a longer lens requires a higher aperture. For the same framing, you get the same DOF (Depth Of Field) for the same aperture, whether you use a 600mm telephoto lens or a 4.5mm ultra-fisheye. The only difference is that if you want to fill the frame with a sparrow, you can sit at 10 meters or so with a 600mm, and you need to be touching the sparrow with the lens to get it to fill the fram on a 4.5mm lens. Since most of the time, we don't try to get "eye to eye" with wild sparrows and ultira-fish-eyes, nor take pictures of "everything around you" with a 600mm tele (which would put you half a mile away, or so), it appears that the wide-angle has a bigger depth of field. If you don't beleive me, feel free to place a page of newspaper print at an angle (so that you can see how much of it is in focus), and photograph the exact same bit of text from different distances with the same aperture and different focal length.

    So, smaller aperture (bigger number) will allow more depth-of-field, no matter what lens you use. Wide-angle works well for indoors shots, because it's usually close-up - but I have used my 100mm Macro for some of the shots of my son.

    For "active" shots, you may want to aim for f/5.6 - f/8 or so. ISO 400 or higher helps reduce the look of "flash in dark room" scenario.

    For the other trick when taking action shots of kids, the trick is to use the same settings as the sports photographers: relatively short shutter speed (unless you actually want motion blur as part of the image - in the right place, it's good, in most cases not!), and use "following autofocus" (aka AF Servo or Tracking AF) - this is the part where knowing what Nikon calls it could come in handy - so that the AF is continously focusing on the subject, same as if you were trying to follow a basketball-player as he makes his way across the court to the basket. That way, the camera tries to focus (and uses "computer magic" to PREDICT where the focus should be once the shutter is triggered).

    Third, I think Nikon flashes also support "Second curtain flash", which is definitely the better option for "natural looking light" - this allows the camera to capture the natural light first, the flash the flash, rather than the ohter way around. It should, in theory, make no difference, but I find that it gives a more natural look. Twiddling with the balance between flash and natural light will get you there sooner or later (usually, in my case, later - after son or daughter have finished thinking photography is fun!). The adjustments are:
    - smaller aperture (bigger F-number)
    - faster shutter speed
    - lower ISO number.
    gives more flash. Opposite gives more of the natural light.