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  • hope4gc
    04-26 07:05 AM
    I think they were trying to do a 4/12/2012, it might have been a typo, Call them and explain your situation, you may get a extention.

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  • gc_chahiye
    09-20 04:07 PM
    I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.

    My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.

    someone please clarify the matter please.......thanks ahead

    your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.

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  • Imigrait
    02-07 12:44 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.

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  • waitingimmigrant
    10-21 05:34 PM
    hypocrites-par-excellence.... quiet amazing....


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  • s416504
    08-31 04:52 PM
    Attorney..... please REPLY ....


    I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:

    My qualification: Diploma in electronics and communication Engg in India
    (3 years diploma after 10th)

    Years of experience: Since 1991 in IT (About 20 YRs)

    Green card process: EB3 Approved labor and 140.

    Situation: When I contacted one of the university in USA they informed me that I can
    do the Masters instead of BS online degree.

    My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?

    My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?

    Thanks in advance

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  • indian111
    06-02 05:04 PM
    I went by my EAD expiration date and filed both EAD and AP renewals but only after filing , I saw my AP expiry date is mor ethan 120 days away .I am really worried abt this .I received my receipt notices but no birometrics yet.
    Have anyone of you guys got other updates ?


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  • indyanguy
    10-31 04:21 PM
    I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions

    1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
    2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?

    Thanks in advance

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  • Nagireddi
    08-20 08:53 PM
    My priority date Dec 2005
    I140 approved
    I485 filed at NSC-August 2007
    Still waiting.................


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  • sp0
    09-18 10:31 PM
    What if a person has active TB and is currently being treated? Doctors are saying it will take 9 months to complete the medication.

    Q1. Do we need to wait till 9 months to apply for I140 and 485?
    Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
    Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?

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  • jayleno
    04-25 07:11 PM

    I think you should be fine. Like everyone such case an attorney is the best person to contact. Take a second opinion also. If you need something before that to calm you is what I think. You are only counted towards the cap once in 6 years. So you can get another h-1 with a new company based on this approval and you are not subject to cap this time. You need to be employed once your h-1 starts. So you have time till then.


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  • ItIsNotFunny
    10-24 01:51 PM
    Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.

    This is true, unless you have some complication, don't go for attorney.

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  • GoneSouth
    04-12 08:05 AM
    Yes, you should have applied in 1999, before the labor and visa backlogs. ;) (I kid - above posters are correct, you *may* have enough time if you can get PERM and I-140 done very quickly, then apply for three year ext.)

    - GS


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  • gchopeful
    07-17 06:51 PM
    You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV

    After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.

    So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.

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  • giddu
    06-27 12:07 PM
    My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
    Did anyone else encounter this?


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  • gcisadawg
    01-09 11:44 AM

    That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.


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  • malaGCPahije
    08-11 10:45 AM
    Thank you for initiating this!

    I just followed your effort.

    What is the purpose of this poll? Why start from 2005 (and not from 2001) ?


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  • royus77
    07-11 06:01 PM
    Finally .......Looks like TSC is waiting for the VB to issue 1 year or 2 year EAD

    E-Filed at TSC on 05/05
    FP on 06/05
    soft LUD 06/29
    Card Order email - 07/11

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  • Ann Ruben
    07-22 12:57 PM
    You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)

    If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:

    "Question 7. Should service centers or district offices deny a request for an H-1B extension
    beyond the 6-year limit where the labor certification or immigrant petition from an
    employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
    Answer: No. The statute does not require that the labor certification or immigrant petition must be
    from the same employer requesting the H-1B extension."

    Michael Aytes
    December 27, 2005
    HQPRD 70/6.2.8-P

    USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)

    Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.

    Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.

    Hope this is helpful.

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  • radhagd
    04-02 09:26 AM
    I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.

    If you want to keep EB3 PD, the best option in your case is withdraw your EB2 140 and ask your company to file EB3 140, once it is approved, make sure you get a copy of approved I140. Find another company who is willing to do EB2 GC,file Labour. Upon approval of that Labour file EB2 140 requesting recapturing of EB3 PD. To be on safe side do not join the new company until you get Eb2 140 approved and join later at your conveniance.

    06-17 05:37 PM

    This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.

    If it has been discussed many times then I regret to see we haven't achieved much out of this. But I believe persistence is the key to be successful in any cause.

    02-18 06:08 PM
    I don't know what triggers these changes, I have seen my last updated date changed today as well. The letter I got from NSC also said the same thing as yours, that the case is now at TSC.

    I think you have to just wait and let USCIS do its thing. Not sure calling them will help as the priority dates are not current .

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