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  • nogc_noproblem
    02-14 02:01 AM
    I485 along with EAD and AP applications filed during July 02 for me and my family. Got EAD and AP. Used Company�s attorney to file my applications. I live in Michigan and all documents send to TSC. My I-485 is pending with TSC.

    Renewed EAD and AP last year, again used the same attorney. That time they filed EAD and AP applications at NSC as per http://www.uscis.gov/files/form/I-765instr.pdf page 11

    I am still on H1B and never used EAD and AP.

    I am planning to file EAD and AP renewal now (paper filing), but this time on my own. My questions are:


    How can I ensure that all communications from USCIS will be sent to me and not to the attorney? How the earlier G-28 forms we submitted will cease?

    Do I need to submit my EAD and AP renewal applications to NSC? In other forums somebody suggested that it need to be filed at the service center where my I485 is pending.

    Recently I had been to SSN office to get SSN# for my son (8 years). They refused to give SSN and asked me to get EAD for my son. When I questioned how EAD can be applied for a minor, they responded saying that I can apply EAD for minor and based on that EAD, SSN (not permitted to work) will be given to my son. Anybody got EAD for minors?

    Thanks in advance for your help.




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  • rajenk
    04-27 01:24 PM
    Sorry to hear that. That was really sad. Any ways past is past. Do the following.

    1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)

    2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.

    your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.

    Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.

    On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.

    PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.

    Good luck. Don't lose your heart, you should be back on track in no time.

    Cheers
    Raj




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  • devan
    11-04 09:17 AM
    Hello gurus,
    3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?


    Thanks
    Devan




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  • prinive
    07-11 12:55 AM
    I would like say a BIG THANK YOU for the guys who started this flower campaign and to the members who made this huge success. The credit goes to the guys who started this campaign without any moral support from many members. Thank you guys. The community waiting for GC owe you guys a big salute.



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  • tennisanyone
    07-16 02:18 PM
    PD: Oct 2003
    Cat : EB3
    140 : Approved June 2005
    485 : Applied April 2004 : Pending
    EAD : Approved June 2004
    AP : Approved June 2004
    FP 1 : June 2004
    FP 2 : March 2007

    How is it possible to file for 485 before you 140 was aproved? Are those dates in order?




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  • newuser
    06-23 09:20 AM
    Are you sure you have to submit the tax forms for filing I-485?


    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you



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  • rb_248
    09-21 04:35 PM
    Dude,
    There is a loooooooooooooooooooooooooooooooooooooooooooong queue unless the rules change.


    Hello,

    I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
    I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.

    With all this retrogression its really confusing and frustating to understand...
    I appreciate your help.

    Thanks,
    Harish.




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  • dilbert_cal
    03-29 11:19 PM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.


    If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -

    I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)



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  • minimalist
    09-19 10:58 PM
    Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...


    All the people who crib about red dots: There is nothing IV can do about it.
    This is a feature of the forum software.Actuallly I suggest IV kickout anyone who cribs about red dots are someone using foul language in PMs/comments.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.

    Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
    Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?

    Think about it people.




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  • abh
    08-21 11:22 AM
    I have not even used my EAD. I expect it to be related to Birth certificate as i didn't have original and submitted affidavit etc. But not sure may be something else too.

    My lawyer had applied for EB2 in I-140 but approval came for EB3. then they reapplied and next approval came for EB2. May be that.

    Just guessing as that's the only thing i can do now.

    One intresting thing i think my case might have got picked is we applied for my husband's EAD and after that have seen soft LUDs on our cases. may be just coincidence.



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  • va_dude
    04-21 02:18 PM
    Sad story indeed.

    But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.

    So what are you guys contributing to then?




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  • andycool
    04-21 02:59 PM
    Sad story indeed.

    But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.

    So what are you guys contributing to then?

    They are accepting Funds Now ....

    Thanks



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  • averagedesi
    09-22 09:33 AM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.




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  • mbawa2574
    04-15 09:46 AM
    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?



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  • gceverywhere
    04-10 11:36 AM
    This may be something that's already been addressed somewhere so my apologies in advance if that's the case

    I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?

    Another question is: Are we also going to get a 3-year AP?




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  • diqingshen
    04-09 10:23 AM
    We must think about what we do after CIR fails.



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  • pa_arora
    07-25 05:38 PM
    This sounds like 'Tum mujhe Khoon do main tumhain azadi(GC) dunga'

    Pardon me for using Hindi guys.. this was a famous saying by one of the India's GREAT freedom fighters which means..'Shed ur blood for freedom.'




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  • leo4ever
    02-16 10:33 AM
    Why waste time of such hypothetical issues when we can put this effort in something prodcutive. "Divide and Rule" never works.

    Always "united we Stand" - hum hai Hindustani.

    -Leo




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  • rangaswamy
    06-25 05:07 PM
    Went in on Friday to get the name change done. I will get it back on 9th July about 11 working days thought web site claimed 6-8 working days.
    For 16, take a copy of what ever visa you are on.. H4/H1 etc.
    Column 31 should be left blank as its a name change.

    PS use new signature below photograph for new passport. Also new name should be filled in the form.




    kmkk2006
    04-09 03:50 PM
    Bumped




    harryom
    09-07 10:06 AM
    Thanks for update!! But USCIS Receipt updates says they have already issued receipts till 07/26/07....

    Dood...

    Nothing to worry - Receipt Notice(s) will be issued when they will be issued. We can do nothing about it. I'm in the same boat - My application was mailed on Jul 24th and received on Jul 25th. No news so far - My Lawyer says, we should wait another month or so...

    Take part in the Rally - It is our Cause!!!



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