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Written By muthmmuuuaaanniish on Monday, June 27, 2011 | 1:18 PM

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  • subahjaani
    08-15 11:46 AM
    Instead of opening a new thread, I am posting my question here cause this is related to my attorney mess.

    My attorney was telling me that he filed my case with NSC on july 2nd and instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

    Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


    Any, suggestions.





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  • Redeye
    12-19 05:02 PM
    During the July fiasco, lawyer applied first set on July 2nd and since we were n't sure if the application reached USCIS we put a yello cover sheet which said refiling because earlier 485 could be misplaced. Even after that, both first and second were accepted and I got EAD, FP and AP on the first one and EAD, FP on the second one. Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true?

    Or will both my applications be rejected since we did not get back to them?

    I know some other folks on IV are also in same boat. I am planning to use EAD so I am kind of worried otherwise it is clean case with I 140 approved.





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  • partha_vus
    06-15 10:52 PM
    Thanks for the reply.

    But i filed GC 6 times i had three approved I 140's with different priority dates.
    I missed filing my 485 couple times.


    thanks,





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  • kalyan
    04-17 10:30 AM
    By the time, the DOL comes in and does all the needy and get a court hearing, still the employer will not pay you if he wishes.

    The judgments are there for employers and they did'nt even get a penny out of it.

    Since they are US citizens, they don't have anything to loose.

    I would say, report to USCIS with all the facts but becautious about your own H1B and other details.

    May be u 'll come under the lense of "OUT OF STATUS"

    Good luck.



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  • indyanguy
    12-28 02:41 PM
    I filed my 140 on July 2nd though the notice date is Sep 24th. (It went to NSC->CSC->NSC).

    Should I be on the lookout for Sep 07 for the processing date? Will they work on my application when the processing date says July 07?





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  • Euclid
    02-11 02:11 PM
    Hi,

    My OPT was approved and I received the approval notice. But the card itself
    has been lost in mail. I have applied for a replacement card.

    I am aware of something called the "I-9 receipt rule" wherein the receipt for
    the replacement of a lost document can be used in place of the document itself
    for a period of 90 days.

    Does this apply to my case? In other words, can I use the receipt of the replacement
    request to work for upto 90 days?

    Thanks in advance!

    PS: I am aware that I cannot start working based on the approval notice itself.



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  • chanduv23
    09-15 04:35 PM
    Bump





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  • doudou
    06-25 07:17 PM
    Has he already filed? Can you send in your application before July 01 dateline?

    Gene
    Thank you guys. This scares me. I believe he already filed. At least that is what he told.



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  • small2006
    08-31 10:15 AM
    Looks like this is only for renewals

    A colleague of mine (not India or China) got her EAD card in mail within a month of applying. Her 485 has been pending for more than a year.
    Another friend of mine from India got his approved within 60 days of applying.

    Doesn't all these mean that the interim EAD (or whatever you want to call it) is still possible and we can get it?

    I am confused.





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  • prav27
    07-09 12:33 PM
    We got RFE for my wife case too but it specifically mentioned that in the submitted report it was not cleraly mentioned if the skin test was done and so new medical form with TB Skin test( last time the Doctor just did the x-ray) needs to be submitted



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  • RayP
    12-08 03:13 AM
    Thanks for your response. Good to hear that I can file while I am outside the US.
    Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!





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  • skodu
    08-03 12:35 AM
    If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.

    But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.



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  • solaris27
    03-20 10:04 AM
    no diffrence in selling a house on H1b or EAD





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  • gchopefull
    10-02 02:54 PM
    yes it was approved labour and not a subsitution.



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  • saketkapur
    01-21 12:57 PM
    Hi Guys
    As all of us know that the renewal process for EADs will start from end Feb for people who were short changed last year and had lost 3 months on their EAD renewals in EAD. USCIS had issued record number of EADs by June end last year to avoid giving 2 year EADs and those people are coming up for renewal now.
    So to me it looks like a pure scam. Move the dates significantly ahead since if the PD is current then they only need to issue 1 year EAD and then move them back next month or so.
    Keep milking the cow as current PDs do not neccessarily mean getting green. Just my 2 cents.
    regards
    Saket





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  • bkarnik
    05-24 05:01 PM
    You're right on logiclife .... our first concern is whether frist and reid start fighting again. one baby step at a time.....

    One good thing I have noticed....I donot know why but Tancredo is not screaming as much from the rooftops right now. I guess he may have realized that the house just overdid things a bit and tipped the balance.

    Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?



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  • texcan
    01-06 04:33 PM
    The officer retains one of the original AP the first time. The other one that is handed over to you is stamped. So next time, you show the one that is stamped to enter and you will not have to give them any more copies.

    Now my experience may be different, but i believe there are some differences in the process.

    My AP Experience:
    No secondary check, i told officer that we are using AP. He said fine,
    took both copies , stamped with AOS stamp and gave back both copies.
    I donot think he made a copy for himself or even kept one original.

    I was worried about re-entry as my wife had status change and had not gone back home after status change; and then this 485 filing.
    But overall it was very sweet.

    I must say there were few others going thru AP process at Chicago with us, and no one had to go to another room for screening or Finger printing.
    My gut feeling is, we had our FP for 485 done earlier this year in US so they may not need another FP. The FP when using AP might be for people who have not gone thru FP for 485.

    my 2 cents,

    AP is easy no worries, as long as you have right papers ( AP ) you are good.
    We were not asked for anything other than AP.

    HTH





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  • arihant
    03-14 04:43 PM
    http://www.germany.info/relaunch/info/consular_services/visa/transit.html
    after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold

    do not need an airport transit visa

    I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?





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  • senthil1
    09-19 06:45 PM
    Yes any bill which has H1b increase will have slim chance of passing. Also whenever Cornyn introduces bill Durbin introduces his bill(SA2238)
    and pro-mmigrants/Corporations will not accept Durbin bill so both will fail. This was a drama for some time in past. This may be another drama in this year. If it needs to be passed then both the bills need to be diluted to get support of some key neutral congressmen.

    Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.





    pkpalta
    08-11 05:02 PM
    Admin, please remove this post. If INS reads it and amends to verify all the employers then there will be more back logs and more retrogression.

    We all know that there are tonne of problems with processing and lots of idiosyncracy but this forum is to solve problems not creating it.

    ;)





    eb3_nepa
    07-21 09:49 AM
    EB3_NEPA

    As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.

    And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.

    If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...

    I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.

    Hope this helps...

    :( That sucks, but thanks for the info.



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