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  • samyjani
    01-01 07:16 AM
    Hi All,
    I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
    Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
    Good luck everybody.





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  • rexjamla
    06-15 02:43 PM
    Thanks for quick reponse Admin.

    1. Can i send one check to USCIS including all fees for me and my wife.
    2. Do USCIS accept personal checks or I have to get Bank Check.
    3. Can I send my 485 forms and my wife's(she is on H4) forms together in one envelope.

    I am sorry doing it first time in life.

    Thanks in Advance!





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  • BharatPremi
    09-24 11:34 PM
    I have eb3 485 and am working on EB3 EAD. I do not have a h1b

    Eb3 485 Filed on July 2007

    Got a promotion at the same company in Jan 2009 and applied for Labor n Eb2 for the new position

    Still wating for Perm approval in EB2

    Beautifulmind,

    I do not want to scare you but what you are claiming here i.e. while working on EB3-EAD aceepting promotion for a EB2-level skill can not be accepted by USCIS. You simply can not accept higher skill level based promotion like that. I think you should first sit down with a good lawyer and find out the solution of this already created mess and then think about interfiling.

    Based on all info you provided it looks like our cases are not similar. I have already new approved I-140 - EB2 base - approved in year 2006. My 485 is attached to EB3.





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  • whitecollarslave
    03-28 03:28 PM
    So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?

    As per Ron Gotcher, "Anyone with I-140 portability and an EAD is a "US worker" as that term is defined by the Department of Labor.".
    See:
    http://immigration-information.com/forums/showthread.php?t=4704
    and also
    http://immigration-information.com/forums/showthread.php?t=4702



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  • mallu
    10-17 10:42 PM
    http://boards.immigrationportal.com/showthread.php?t=194681&page=464





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  • chanduv23
    11-04 02:21 PM
    ^^^^^^^^^^^



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  • trueguy
    08-21 12:22 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........


    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.





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  • pd_recapturing
    10-29 10:02 AM
    Guys, Please send the letter. As Chandu said that anyone can be a victim of AC21 issue so pls pls send the letters asap and support this campaign.



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  • transpass
    08-20 08:47 AM
    This is the email I got.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Post Decision Activity

    On August 19, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    There is no change in my wife's 485 status. But her EAD is approved. There is no mention of card production in the email. Looks like lot of people got the CPO email directly with post decision activity. Can somebody confirm the sequence in which it happens? How long does it take for the card to arrive? How long will it take for my wife's 485?

    'Notice sent' under 'decision' activity - Most likely means they mailed you welcome notice...
    'Notice sent' under 'post decision' activity - Most likely means they mailed you the card...





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  • kutra
    07-17 03:36 PM
    Hi Ron,

    My Priority date is Jan 2004, EB3-India category and i have an approved I-140 and have applied my 485 during July 07. I have sent my EAD and AP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) during July 07 and has applied for EAD and AP renewal, which expire in last week of October. We both applied independently and are using our H1bs and not EAds.

    Since my spouse's PD is going to be current in August 2008, I was planning on applying for a second 485 as a dependent on my spouse's application.

    I know that two 485 applications causes issues. I want your recommendation and also will my application affect my wife's processing time or create issues for her.

    Thanks,
    Kaushik

    Ron's reply -

    You don't need to file a new I-485. Make the CIS aware of your spouse's case and your eligibility under it as a dependent. Ask them to cross reference to the two cases.


    You can follow this thread in the following link - http://www.immigration-information.com/forums/showthread.php?t=5689

    Also has anyone tried this approach and Also does anyone has expeirence being Ron's client?

    I just don't get Ron. He's very vocal about how incompetent CIS is with regular applications......not sure why he would advise you to complicate matters with CIS.

    My advice: Do research this thoroughly before you go for it. Good luck!



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  • pd_recapturing
    11-15 12:20 PM
    I am new to forum. How to contact PD_reacpturing?
    Hi Bkn96, I received your PM. Please check your PM. Thx





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  • akela_topchi
    08-07 11:54 AM
    I thought you already left for the law firm...

    I am impressed by your qualifications, what is your PD?



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  • garika
    07-10 12:00 AM
    Don't know if anyone noticed but Mr. Emilio's statement nowhere indicates any acknowledgement of the hardships caused by the fiasco. If he (and USCIS) knows about "flowers", I am sure USCIS knows about the scramble, hardships and frustration caused by the fiasco. A simple acknowledgement through something like " ....while we regret unintended consequences of following our internal procedures, we have made arrangements to forward the flowers to ..." would have demonstrated leadership or honesty of intent which I guess is in short supply

    I think he is trying to say if anybody needs flowers its our men in uniform and not us (USCIS). I hope I am wrong but thats my perspective. Have sent the flowers anyway ;)





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  • belmontboy
    09-23 05:26 PM
    Seems logical, but on the other hand if that were to be the case, then why isn't there a spike in June-July '07 to reflect the deluge of 485 filings?

    Hmm... Did all the July 07 filer's get their Receipts in the same month???



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  • gc_vbin
    03-31 11:07 PM
    Does it needs subscription or just one time donation? I have donated one time. But it still not working for me too.

    it requires subscription...





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  • sve0390
    09-26 05:02 AM
    Can someone post the link for the 485 data? the original link posted on this thread is not working for me any more. It worked for me yesterday, but doesn't work anymore.

    Thanks

    This may be it now:

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    The link says the data was updated August 25, 2009.



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  • spdy_mn
    06-29 04:43 PM
    Is there a phone number we could call and ask about the Mid Month Retro..that AILA ihas announced.?

    ANyone knows a DOs cnumbers where they actually answer calls...?


    It might be closed, I guess. It is 5:15 PM EST on a Friday.





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  • grupak
    08-20 08:42 PM
    What are u guys trying to acheive and how will this help EB3 India?

    Also, how is the spillover going to be distributed among EB3? First EB3 ROW and then EB3 C/I as in the old system?

    Personally, I think the visa recapture bill would help things quite a bit.





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  • vshar
    08-20 03:11 PM
    I also just changed my plan from unlimited residential to world. Wow.

    Now lets see how is the call quality to India.:)





    ram_ram
    01-03 12:24 PM
    That is good news.
    Thanks for all your efforts..SunJoshi.
    Guys,

    I got a letter from Cong Tom Price (Rep- GA) saying that the immigration clauses in the Budget Reconciliation Bill did not make it. But he will try to push for those clauses in the immigration bills in 2006.

    I got the same message from his DC staff, when I called to follow-up.

    SJ

    Edited by admin. No personal names please. Only screen names.





    ryan
    03-30 05:02 PM
    But the visa bulletin has it's own brains. - I like this dude !

    *its

    Sorry couldnt' help it.



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