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  • points mentioned in posts 2,3 4 and 5 are 100% correct.
    points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
    Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.

    Friends,
    Green card dream is over. Now it's the time to get back to India or other countries.





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  • Gori hai kalaiya.. tu lade muze hari hari chudiya...





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  • Hi,

    It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!





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  • Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
    According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.

    Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.

    Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.

    But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".

    Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.

    So what is the status when one files MTR? It is not defined.

    Thats exactly why I said " An Attorney will be able to explain"

    My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.





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  • Please change the name of this thread, it sounds that some got a rejection notice.





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  • I have the exact question with duttasurajit -- my title for green card is computer information system manager, and I'd like to take a job for technical lead / architect. The job duties are very similar. Will that cause a problem?

    btw: I don't know why so many people apply under the title of 'computer information system manager'. If you search Dice.com, hardly any position come out with this title.

    Thanks everyone for the valued response. One last question:

    I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
    What happens in this case? Is it still risky to pursue AC21?





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  • Nonsense.
    ...........her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was"........ problems.

    If someone "doesn't want to draw attention" then why would (s)he login to and mention the Approval Date?





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  • my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.

    My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.

    Thanks again to all your responses.





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  • For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
    I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

    Thanks!

    How would you put AGI = $0. Would not the AGI be calculated by the tax software? I used TaxACT to efile, and it calculated everything for me. I didn't have an option to enter the AGI anywhere. For e-file, the name/ SSN/ birthdate combination should match (or name/ ITIN/ birthdate if you are using ITIN) - that is the only requirement. The second part is the one where you either send in the 8453 OL form or you enter the exact amount from the 2006 returns (in which case you don't need to mail 8453 OL). I choose the 8453 OL route and I received my tax refund in exactly two weeks.





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  • My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
    Is Tax Return for last 3 years is required document ?





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  • My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".

    The letter does not say if they are going to reschedule OR the reason for cancelling.

    I am a July 2007 applicant and this is the first FP appts we have got.

    Does anybody have this kind of experience before?
    Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.

    My case is in TSC.

    Any comment is appreciated.

    Thanks.
    Bipin :mad:





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  • hey thanks for your response, i appreciate it

    where di u file? and did u efile?





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  • thnx but do you mean what the text says or the font/format/position of it?





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  • :confused:I am going to call the USCIS customer service and ask them what should my next steps be... Will keep you guys posted!





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  • PD: July 01 EB3 India
    I-140 approved: 03/2004 (Not concurrent)
    485 RD: March 05 (CSC)
    Case transferred to NSC: 03/2006





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  • its 11 digit the alien number on ur I94 card.
    ---

    Sorry for a follow-up dumb question:

    Is this the I-94 number on the H1-B visa or the I-94 departure number on the card attached with the Passport?





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  • What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.





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  • pros --
    - no state taxes
    - cheap housing (renting or buying)

    cons
    - (for me at least) Houston is terribly humid and hot
    - concrete jungle pretty much sums up the city. There is hardly any good public transportation in any texas city

    I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
    Drivers License,Commute to downtown, childcare etc.
    I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
    I have an approved i-140 and EAD and 180 days past on 485 filing.





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  • well thanks i'm thinking now that it's a good idea that buying an old one thing...i think i'll do it





    Are you considering actually stopping people from creating something in AS1? As you probably know anyway, AS2 is compiled to AS1 anyway, so a decision to limit entrants to only AS2 and AS3 would be totally arbitrary. :P

    Besides, most people who claim to be using AS2 just use AS1 with type annotations…

    Anyway, thanks for clarifying the background options. :)





    It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.



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