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  • Question is when was the application posted. 11 th july seems to be the date they processed the application. Not necessarily the recpt date.





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  • My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

    Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.

    Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.

    Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.





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  • its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.

    As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
    Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...





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  • Damn that Bob.... if he keeps getting votes he is going to beat me!!!

    Oh wait... Bob is beating me!!!!!!!!!!!!!!!!!!!!!!!!

    CRAP!!!!



    :beam:





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  • I am currently in Minnesota and would be glad to help





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  • As for as I know USCIS local office has stopped issuing interim EAD some where from 2006.
    The only option we have is to request for expedite process which we can do by calling the USCIS customer service number. This you can get it in the USCIS website.

    I think we can get the infopass only if 90 days has passed or if your EAD is going to expire soon and you need immediate attention.

    Thanks buddy!
    BTW, How to get an INFOPASS appointment?





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  • I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)

    Hi add78,Yes,d was checked.I thought thats what needs to be checked for EB2.I do have a bachelors degree+ 5 years experience.





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  • its good you have your backup plan. My case was very similar to yours. I had applied for my AP simultaneously with my wife. While my wife got hers in 2 months, mine was gathering dust. I had to write to the ombudsman to get some action on my case after 4 months had passed. Finally I saw a few LUDs and it turned out to be an RFE!!!! They said I didn't include photos, which clearly wasn't true. They had probably lost my photos. So I resent my photos and included the overnight envelopes. They approved my AP, but still chose to send it by USPS. Pretty aggravating.





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  • If I were you, I would explore around the Legal Status from last entry.
    ebizash may be right it won't apply if you enter on AP, still worth exploring that area.


    Thanks for information. To answer I applied my H1b on June 1, 2002.
    My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
    I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
    some said I have good chance others said unknown.

    I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.





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  • I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.





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  • Hi ,
    Yes, it is possible.





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  • ok,,,this is mine. but...i never signed up. i know i didnt....weird.





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  • :sleep:

    Rev:elderly:





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  • Regular processing being what ? AOS ?





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  • Guys,

    Here is a hypo situation, which I am sure we will be interested to know.,

    What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,

    Thanks

    If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!





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  • Best way to do is to get it from AAA. If you are AAA member then you will 8 photos free and you can add your spouse for very minimum.

    I got 16 photos for $14. They know exact specs of photos that we need.





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  • vikki76 may have gone a little overboard with the salary statement, but the rest is true....there is simply more information stored in govt databases for a foreign national, hence more rigorous screening is possible





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  • I have not done that. I do have EAd and AP so dont know if i will do it. But prior to this when i got promoted earlier i have not applied for an admendment.





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  • What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.

    If it is your lawyer's fault, you can take appropriate action with him.

    It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)

    Thanks,





    Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.

    If you are plus member you get free 8 photos. I guess for regular member you will 6.
    Do they also take digital pics? I have already got photos taken from CVS...and they said its passport pics.......do I still need to take from AAA?





    My Attorney filed my I-140 @ NSC and I-140 reciept date is DEC'21'2006; I see on my I-140 case LUD is Jan'8'2007; does this means my case also was approved on Jan'8'2007?; after that no LUD on my case.

    Any input on this would be great help!

    Thank you
    RT

    I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.



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