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  • amitjoey
    07-18 03:48 PM
    Hi everyone!

    I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.

    USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.

    Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.

    I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.

    Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!

    My opinion (Just my opinion, use with risk). You should let your attorney know, and come clean with it. They will put in an explanation that such a mistake happened, but it is really EB-3. You have nothing to worry, since your attorney has already pointed it out earlier to USCIS, and that documentation should be included. This is much easier than having to deal with it later and being stuck. Ofcourse your attorney should know what to do, and s/he knows the importance of filing I-485 NOW, so they can advise much better.




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  • Libra
    09-10 03:09 PM
    thanks manugee for contribution and consideration for rally.




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  • vayumahesh
    11-09 08:50 AM
    I need info from the experts here. I am thinking of going with interfiling process rather than wait for the USCIS system to identify the case as current. One issue with my case is I-140 attorney (company lawyer) is different from I-485 attorney (outside company). My company attorney has forwarded the copy of I-140 to my I-485 attorney. Is I-140 copy enough or must submit original with the interfiling process ?

    The following thread in Immigrationvoice says, lawyer needs to send original I-140 with interfiling process.

    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/17441-interfiling.html (response by sanbaj - The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. )




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  • tnite
    07-11 08:02 AM
    Does someone know by how many months EB2 has jumped??

    little more than 2 yrs



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  • john2255
    07-20 04:35 PM
    Kindly understand that
    Yea- YES
    Nay- NO
    Not- Absent from voting.

    Obama was absent from voting- A clever diplomacy.
    Hilary Clinton- Nay(double talk)
    Senators from California- both no ( Big Surprise)

    http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

    Text of the amemdment.
    http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110xIKs1t:e32253:

    Here is the Senators and their voting pattern.

    Alabama: Sessions (R-AL), Nay Shelby (R-AL), Yea
    Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
    California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
    Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
    Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
    Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
    Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
    Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
    Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
    Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
    Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
    Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
    Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
    Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
    Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
    Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
    Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
    Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
    Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
    Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
    Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
    Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
    Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
    Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
    Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
    Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
    New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
    New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
    New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
    New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
    North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
    North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
    Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
    Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
    Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
    Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
    Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
    South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
    South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
    Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
    Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
    Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
    Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
    Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
    Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
    West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
    Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
    Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea



    That means we have lost around 2,40,000 unused visas. I heard that there is a total amount of 3,00,000 unused employment visas of the previous years due to the great efficiency of USCIS. Out of this 61,000 is kept apart for Schedule A nurses and PT's and the remaining 2,40,000 thousand would have been divided amoung employment catagories if the amendment had passed,clearing lot of our backloggs.

    REMEMBER, THE RECAPTURE OF UNUSED VISAS IS ONE OF THE MOST IMPORTANT PRIORITIES OF CORE AND THE DOOR IS SLAMMED ON OUR FACES AGAIN BY HYPOCRITES LIKE HILARY AND CALIFORNIA SENATORS.

    Its the high time we convince the senators who said NAYS. Lets start SOME KIND OF CAMPAIN aiming these guys. I am sure that core's hands are there behind this amendment. Well done IV. Don't get dissappointed, keep trying for Skill bill or for similar amendments. Its really unfortunate that we lost a very very big chance. Lets do something immediately.

    Following is the text of amendment.

    `(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

    ``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

    ``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
    (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

    (1) in clause (vi), by striking ``and'' at the end;

    (2) by redesignating clause (vii) as clause (ix); and

    (3) by inserting after clause (vi) the following:

    ``(vii) 65,000 in each of fiscal years 2004 through 2007;

    ``(viii) 115,000 in fiscal year 2008; and''.




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  • ind_game
    05-18 02:53 PM
    ind_game, just a heads up : when the 485 is reopened they take the op'ty to review the app for all supporting docs. meaning if you have not submitted any supporting docs like birth cert etc they would issue an RFE. They did to me, back in Jul-07 i had submitted only parents affidavit but no BC or NABC. And they gave me only 30 days (i think it used be 90 days for RFE), I had hard time collecting the required info/doc in such a short time.

    I agree with you. One of my friends got RFE regarding Birth Ceritificates and medical certificates. I would not be surprised if they ask me the same.
    So, how did you submit the Birth certificate then? Can you please share the experience?



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  • gc_kaavaali
    07-14 11:06 PM
    come on guys!!!! contributed atleast $5




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  • srinivas_o
    07-14 04:23 PM
    Paid $25 through BOA Bill Pay. Confirmation number is 7YBDK-56XWW.



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  • kshitijnt
    04-30 01:53 PM
    04/30/2008: Petitions & Applications Pending as of March 31, 2008 - USCIS

    I-140=146,092
    I-485=762,938
    I-765=158,565
    I-130=1,387,045

    Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?

    They need 10 months to process 146K I-140s but just 3 months for 765s. Ridiculous people.




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  • r_mistry
    01-03 11:58 AM
    Can anyone tell me how to contact NSC for my AP status? Sorry if this info was already posted but would appreciate if somebody who has contacted NSC regarding AP status provide me the number to contact them.

    Many thanks.



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  • skillet
    06-22 11:20 AM
    Still per my attorney it shows "In-Process". Mine was filed on Feb 5th...




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  • EkAurAaya
    07-11 02:36 PM
    I do not think CIS has that much smartness in them. Different sections seem to go about the motions on their own schedule. They seem to be an uncoordinated bunch so far.

    How do you explain push for EAD approvals before June 30th? ppl got approvals in matter of days (in most cases less then 20 days)

    I think Obviously someones paying attention at USCIS when it comes to $



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  • mallu
    10-01 01:54 PM
    Instead of wasting visa numbers , they should allocate to those who cleared namecheck and all other processing. Agreed, this might allow a person who started PERM in 2007 to get gc in hand in 2007 itself compared to a person with PD 2001 EB2 , applied I-485 in 2003 and stuck in name check. But it is better than wasting the visa numbers.




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  • nk2006
    10-16 05:12 PM
    add a poll to it
    Added a poll. Please vote so we can keep track on how many letters we sent. Lets pick up the pace.



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  • bindas74
    11-29 09:49 PM
    Hi All,

    This is a nice thread. Found all the answers I was looking for. Still some lingering doubts in my head::)))

    So, has anyone started working on EAD for their/or spouse's LLC?

    Why cant I work on my H1B instead( for my spouse's company )? That would take away some risk. Wouldnt it??

    Do we need to submit any tax docs( for the new company I would be moving to) when we apply for the AC21 or at any later stage??

    Can someone please answer?

    -Thanks in advance




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  • anyluck?
    12-10 06:48 PM
    I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.



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  • ychousa
    07-18 06:47 PM
    Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?

    Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?




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  • sri1309
    05-06 10:15 PM
    Guys,
    I was very busy till today.
    I'll call all the #s tomorrow and let them know how important is the CIR for legal immigration, and how I am not able to buy a house, or start a company, as I have no greencard inspite of waiting for 8-10 years. Not to forget I am from India and it is severely backlogged. Also we have jobs, so we're not taking away anything.

    I have to be very brief. So please let me know if I'm missing any impo point.




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  • TeddyKoochu
    12-10 07:28 PM
    I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....

    I think with a little luck you may cross the line this year, it maybe a close shave or a diving effort, all the best and best wishes. Maybe 2010 is the year for you.




    sparklinks
    08-10 12:58 PM
    no receipts for me too :( r Williams 7:55am 07/02

    i m going go drinking to drown my sorrows soon.

    R Williams 7:55am 07/02, NO receipt either...:confused:




    mdmd10
    07-23 03:56 PM
    It is good to know someone with PD Aug 2004 in EB3 from India is getting approval. This gives me confidence that there are not many people waiting in line when the doors open in Oct 2007 with new quota.:)


    PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.

    If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.



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