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  • sunny1000
    06-28 06:10 PM
    Hello Folks,

    As a last ditch atempt, I am trying to e-file form 907 for upgrading my pending 140 app to premium processing (through employer). However when proceeding with the application, in the related forms section, the only available option in the drop down menu is I-129. How would I proceed for I-140?

    If anybody know, kindly show the way.

    Thanks,
    Sriswam

    I don't think you can efile I907 for I-140. You have to file via paper. But hurry...they are suspending PP starting July 2nd for atleast a month in anticipation of huge volume of applications that will start pouring in.

    www.immigration-law.com





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  • p_kumar
    11-30 12:22 PM
    As the IO officers explained to you, instead of approving some other document(s), USCIS wrongly approved your I-485 application.

    Regards
    K

    I wish the USCIS would wrongly approve my citizenship application even though i dont have GC yet:D





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  • martinvisalaw
    06-15 11:46 AM
    You should have no problem filing a 2nd 485 even though you already have one pending. This happens often, especially when a foreign national marries a US citizen while an employment-based 485 is pending. I've prepared this type of case many times. the faster 485 will be approved (hopefully), so the slower one will be denied because you already have permanent residence at that point.





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  • GCeffect
    01-29 04:16 PM
    I'm from Bangladesh and my PD is May 2006....EB3

    I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
    In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

    Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

    I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��

    Some help here will be highly appreciated��.thanks in advance



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  • shimul99
    09-25 03:37 PM
    My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......





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  • iqube00
    04-24 01:48 PM
    my EAD is about to expire on may 6th. I applied for EAD renewal in january , i had around 90 days. My application package along with the cheque came back to me after 1month because I forgot to sign the application form.. Dumb right....
    Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
    Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!

    You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.



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  • MahaBharatGC
    09-09 06:22 AM
    I believe it is safer to wait for AP to come through. Other option would be to file for H4 however you must have H1B for that I believe. It is always safer to file for H1B and H4 in parallel with EAD/AP as per my lawyer to be useful in these type of circumstances.





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  • dilbert_cal
    04-06 02:03 AM
    Thanks for a very good analysis. I was hoping someone will do it and my heartfelt gratitude to you for stepping up.



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  • tikka
    08-10 11:00 AM
    bump

    any CT members coming along with you.. ?





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  • Humhongekamyab
    08-20 03:17 PM
    I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.



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  • abracadabra
    01-16 04:44 PM
    According to my attorney it is always best to be on H1 if the new employer is willing to do and invoke AC 21





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  • frostrated
    08-10 08:45 AM
    Friends

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice

    Thanks

    It is very easy and do not need a lawyer.
    First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.

    The school will then send your documents to the USCIS for a COS from H4 to F1.
    How do I know this? Coz I went thru this.

    But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.



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  • waiting4gcps
    08-15 06:35 PM
    Got the CRIS email welcoming the new perm. resident for both me and my spouse
    ---------
    PD: Mar 2005
    RD: 7/1/2007
    NSC





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  • larmani
    04-29 01:50 PM
    Did you already applied for H1 extention and got RFE or you are just assuming you might get RFE. I recently applied extention for another 3 years and got it successfully. Our AOS is also pending. So dont worry. Anyway it is you choice to use EAD and extend every year.



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  • godbless
    06-16 01:21 PM
    My sister in law is currently working using her ead - opt while she is in possession of her ead from I485 filing as well. The attorney told her that she should use her f1 based ead till it expires and then start using the I 485 based afterwards.





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  • k_sing
    09-19 01:00 AM
    Unfortunately Bitu72 did not have answer to my specific question, so the question is still Open.
    Any appropriate response is much appreciated !



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  • raydon
    05-12 11:16 PM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?





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  • svr_76
    10-15 10:43 AM
    What do you mean Our Own people?

    By initiating the process of Green Card (with the eventual intent of accepting a US citizenship) arent we differentiating ourselves from "them" the people from the other country.

    It is the inevitable that all need to accept....we might spent half a decade or more to gain the permanent residence here...only to find that when we get that, the lady-boom is shining over the land whose very credentials we have been planning to shed, so then it will be time for us to line-up with the Indian consulates trying to get PIO card using Premium Processing.... ???

    I fail to see why this topic is a "discussion" topic on this forum?





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  • singhsa3
    06-01 05:58 PM
    It is illegal. If being paid less than on your H1 LCA





    txh1b
    04-15 10:46 AM
    What took you sooo long to wake up from the slumber and realize that you need to get paid? Look up WH4 and complain to DOL. Look for the contents in the Neufield memo as well.





    ks_ls
    01-14 07:11 AM
    Hello,

    My sister is 33 years of age and appeared for visitor's visa with her 3-year old daughter.

    The visa was denied by the Mumbai consulate. Was asked the following questions:

    1. Why do you want to visit the US? --> Tourism
    2. Who will you travel in the US? --> Brother
    3. Is your husband going with you? -- NO
    4. Husband's salary? ---> upwards of 35 lakhs working with an MNC
    5. How long ? two months
    6. Where will you travel ? ---> DC, NY, Chicago, Disney etc
    7. What's the status of your brother? H1-B
    8. Does he have any children? NO

    Sorry your financial condition is not good..rejected!! Not sure what triggered that comment.

    Now, I am thinking of applying for the visa second time in a month or so. I am not sure why they said your financial condition is not good. Sister tried to show the document but the officer would not look at it.

    The guesswork begins. Next time, I am wondering if I should be the sponsor of her application or show that her husband can sponsor the trip.

    Any advice? Any experiences people have?

    Thanks