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SU1979

10-09 12:37 PM

I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


I shall be thankful to you to get my answer.



Thanks & regards,
SU1979

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sac-r-ten

02-26 04:56 PM

Sorry for your situation. Its better to look for H1 transfer soon. Also expose such body shopper here, so that future H1B are aware of such dingy fly by night operators.
Nothing more anybody can do here on this forum, because everyone is sitting tight and holding on to their seats in this economy.
Good luck man.

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InTheMoment

06-22 10:01 AM

Reposting this I-485 Standard Operating Procedure (SOP) link again. This gives us a clue of what is checked when the packet is opened in the mail room and then further down with the AO.

http://www.imminfo.com/resources/cissop.html

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hpandey

06-02 03:18 PM

You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?


You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.

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pd_recapturing

08-05 10:31 PM

One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.

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evildead

04-24 04:18 PM

Anyone from Chicago near downtown? Not Napreville or Aurora. We are moving from (bay area) Santa Clara to Chicago. Office is in Downtown. Looking for a place closest to download. We are a family with small (1.5 year old) kid.

Please suggest.


we live in Chicagoland. PM me if you would like to talk.

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vinabath

05-15 01:03 PM

What a coincidence.....

1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)

I do not know what to do, I am thinking couple of situations.


I. File 485 with EB3.

Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140

Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.

II. File 485 with EB2 labor (concurrent filing)

Advantages:
Less chance of retrogression.
Quicker path to GC.

Disadvantages:
I-140 denial chances
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.


Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.

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sunny1000

05-14 10:32 PM

Thanks IV core! Will continue to contribute...

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Madhuri

07-18 11:21 AM

I also think that now at least we should think of making IV a paid site. Doubtful people always used to ask for results. IV has given a big answer to all these people. Why not at least make it paid for posting in the forums/starting a new thread?

Can you IM a core and ask them to put a link on main page...

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eb3retro

06-17 05:51 AM

Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.

it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.

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chanduv23

09-30 09:45 AM

:( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."

I have used AC21 to change jobs but I am still on H1....Now i am worried.

Don't worry , it is not a denial

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blacktongue

01-26 03:30 PM

Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

US needs EB1 and Ph.Ds

Others not contribute as much

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PDDec05

06-29 11:44 PM

Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.

I just called the 1-800 number on their website, but your lawyer may know someone in person at the USCIS.

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anilsal

08-21 02:04 PM

not only that you got GC but also you made a one time contribution to IV.

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rheoretro

09-25 04:51 PM

No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...

Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...

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dazed378

03-28 03:23 PM

I sent the documents (tax return and W-7 together) through certified mail and as per USPS tracking, they were delivered on 28th Feb. However, IRS representative said they received my tax return documents on 14th March. I got the refund through direct deposit on 25th March.

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rkm

05-14 07:29 PM

It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..

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shishya

09-27 12:42 AM

Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.

Thanks!
Shishya

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dalasengineer

10-04 04:38 PM

I was issued a license based on my EAD expiration date. Same for my wife. We went back to DMV to get license extended based on I 94 expiry date. My I94 expiry date was different than ED expiration date as the customs gave expiry date which is 1 year later than EAD expriation date. I asked the customs officer why the date was different than my EAD date. He told my stay was valid till my I94 expiry date.
Anyways, IOWA DMV extended our license based on I94 date and we came back happy to know that we shall not have to walk in -30F to fetch our grocery as we wait to get our renewed EAD..

regardss

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jay21

07-19 10:10 PM

hi, can the spouse travel outside after applying for I-485 but before getting the AP? Suppose during her stay abroad if the primary applicant's GC is approved? Her H4 will not be valid in that case. but can she use the visa waiver to gain entry back into the country? Will the receipt of I-485 help in anyway? thanx.

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linuxra

07-23 02:31 PM

I got an rfe on employment v l and history of 5 year in oct 2009 replied dec 2009
after that no update?how abt u?

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