baburob2
05-25 05:59 PM
genearlly you could have it renewed 1 year before.
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setpit_gc
05-25 03:46 PM
Both of our 485 got RFE. As per CIS website, it was sent on May 20, 2009. Attorney haven't received it so far.
Message says "REQUEST FOR INITIAL EVIDENCE SENT. CASE PLACED ON HOLD".
We send all the initial documents when we filed in July 2007. I have no idea what CIS is asking for.
Any idea?./
Message says "REQUEST FOR INITIAL EVIDENCE SENT. CASE PLACED ON HOLD".
We send all the initial documents when we filed in July 2007. I have no idea what CIS is asking for.
Any idea?./
chem2
05-27 02:36 PM
my receipt date was sometime in the first week of december (can't remember exact date). got approval notice last week after an RFE. RFE was for last 8 months paystubs. received approval within 2 weeks of responding to RFE.
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chosenone52
10-01 09:37 PM
Hello ,
First of all, this is a great forum and members are really helpful out here!
My case is something like this
Currently I am on h1( completed 1 year) working in construction industry. My profile consist of Bachelors from India and Masters from USA.
The company I work for is not willing to go ahead with my green card. ( With the economy going south, its not wise to jump). But know a company who liked my profile and is willing to sponsor my green card-EB2. The reason they are not willing to hire now is due to economy, but willing to help me in my GC process before hiring and might pick me up at first opportunity.
Something like this: I am employed for Company A on h1 and company B is willing to do my paperwork as a future potential employee?
I had various concerns:
>> Is green card application based on future employment possible, (as in my situation)?
>> GC takes 4-5 yrs to process. What if they decide not to hire me?
>> What are the risk factors involved on my side as well as on Companies side who is sponsoring my GC?
I know its a complex situation and would appreciate thoughts and comments from all users.
Thanks
First of all, this is a great forum and members are really helpful out here!
My case is something like this
Currently I am on h1( completed 1 year) working in construction industry. My profile consist of Bachelors from India and Masters from USA.
The company I work for is not willing to go ahead with my green card. ( With the economy going south, its not wise to jump). But know a company who liked my profile and is willing to sponsor my green card-EB2. The reason they are not willing to hire now is due to economy, but willing to help me in my GC process before hiring and might pick me up at first opportunity.
Something like this: I am employed for Company A on h1 and company B is willing to do my paperwork as a future potential employee?
I had various concerns:
>> Is green card application based on future employment possible, (as in my situation)?
>> GC takes 4-5 yrs to process. What if they decide not to hire me?
>> What are the risk factors involved on my side as well as on Companies side who is sponsoring my GC?
I know its a complex situation and would appreciate thoughts and comments from all users.
Thanks
more...
magician7989
09-05 05:01 PM
You can not be serious about this!!
pmpforgc
11-22 03:09 PM
Hi
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
more...
buehler
07-18 07:36 AM
We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
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Sandeep
01-06 12:53 PM
Guys, we have 200+ members on board but only a fraction have contributed. So does that mean that the rest do not know about this?
Please pass on this message to your friends
**************
As you probably know, Employment Based immigration is currently showing years of retrogression; more than 350,000 labor applications are stuck in the backlog centers and there is no information on when we can see even a ray of hope. Applicants have to wait for their green cards for as many as 4-7 years, depending on the country where they were born. With retrogression, applicants are unable to complete their final phase of green card even if they have cleared all the previous hurdles. We, a group of volunteers at www.immigrationvoice.org . We have set up a non profit organization to work towards resolution of these problems.
In the past we have seen that due to a lack of professional representation, employment based immigration issues have been ignored by the lawmakers. The latest example has been dropping of section 8001 & 8002 from the Budget Reconciliation Bill passed by the congress in December 2005. With comprehensive immigration reforms on the anvil in the early part of 2006, the time to act is now. However, with the current political scenario and the overpowering debate about illegal immigration, this is going to be an uphill battle. We have already initiated talks with professional strategists who have in the past been able to achieve goals similar to the ones we are working for. We feel that these are the following ways a professional strategist can help:
1. Identify feasible goals that can be achieved and are representative of the people in this forum. We should not have to piggy back on H1s or illegal immigration - we need an identity of our own
2. Identify the champions amongst the lawmakers, alliances, organizations who are willing to shoulder some or all of the responsibility in passing provisions to solve retrogression & address labor backlogs centers.
3. Identify opportunities to meet/interact with those mentioned in point no 2.
4. Help us in putting our points across cohesively and in a way relevant to the political situations
5. Keep a close monitor on the progress and the situation so as to identify the opportunities as they arrive.
Hiring professional strategists requires several thousands of dollars. If we hope to counter some of the anti immigration propaganda, we have to accumulate funds to the tune of atleast about $100k. Keeping this and the short deadline in mind, we would urge you to contribute at http://www.immigrationvoice.org . To lead by example, the volunteers have themselves come forward with contributions - in one night we had a collection of around $5000 from 20 contributors. This is a tiny fraction of what we as an organization need.
We also need your contribution in terms of your ideas and efforts by registering you as a Volunteer. Please be assured that funds and their utilization would be transparent in this process. All the volunteers will be provided a weekly update on the funds collected and their utilization. We look forward to you helping us and yourselves.
Please contact us for more info at info@immigrationvoice.org
Thanks
Your Name
**************
Please pass on this message to your friends
**************
As you probably know, Employment Based immigration is currently showing years of retrogression; more than 350,000 labor applications are stuck in the backlog centers and there is no information on when we can see even a ray of hope. Applicants have to wait for their green cards for as many as 4-7 years, depending on the country where they were born. With retrogression, applicants are unable to complete their final phase of green card even if they have cleared all the previous hurdles. We, a group of volunteers at www.immigrationvoice.org . We have set up a non profit organization to work towards resolution of these problems.
In the past we have seen that due to a lack of professional representation, employment based immigration issues have been ignored by the lawmakers. The latest example has been dropping of section 8001 & 8002 from the Budget Reconciliation Bill passed by the congress in December 2005. With comprehensive immigration reforms on the anvil in the early part of 2006, the time to act is now. However, with the current political scenario and the overpowering debate about illegal immigration, this is going to be an uphill battle. We have already initiated talks with professional strategists who have in the past been able to achieve goals similar to the ones we are working for. We feel that these are the following ways a professional strategist can help:
1. Identify feasible goals that can be achieved and are representative of the people in this forum. We should not have to piggy back on H1s or illegal immigration - we need an identity of our own
2. Identify the champions amongst the lawmakers, alliances, organizations who are willing to shoulder some or all of the responsibility in passing provisions to solve retrogression & address labor backlogs centers.
3. Identify opportunities to meet/interact with those mentioned in point no 2.
4. Help us in putting our points across cohesively and in a way relevant to the political situations
5. Keep a close monitor on the progress and the situation so as to identify the opportunities as they arrive.
Hiring professional strategists requires several thousands of dollars. If we hope to counter some of the anti immigration propaganda, we have to accumulate funds to the tune of atleast about $100k. Keeping this and the short deadline in mind, we would urge you to contribute at http://www.immigrationvoice.org . To lead by example, the volunteers have themselves come forward with contributions - in one night we had a collection of around $5000 from 20 contributors. This is a tiny fraction of what we as an organization need.
We also need your contribution in terms of your ideas and efforts by registering you as a Volunteer. Please be assured that funds and their utilization would be transparent in this process. All the volunteers will be provided a weekly update on the funds collected and their utilization. We look forward to you helping us and yourselves.
Please contact us for more info at info@immigrationvoice.org
Thanks
Your Name
**************
more...
AnalyzeThis
03-19 12:36 AM
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
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yabadaba
11-06 08:05 AM
Does anyone know the benefit to go for PIO or OCI... in relation to the Indian Baby born in US..
Thankyou
Your child is an American of Indian Origin. not an "Indian" baby born in the US.
One of our key duties as immigrants is to instill that value in our children. This way neither will they be confused, nor will they reject their roots
Thankyou
Your child is an American of Indian Origin. not an "Indian" baby born in the US.
One of our key duties as immigrants is to instill that value in our children. This way neither will they be confused, nor will they reject their roots
more...
MatsP
August 14th, 2006, 11:48 AM
I absolutely HATE it when people put nose-prints on my photos ;-) But yes, that's indeed true - and the opposite: If you don't have good light, even the most expensive lenses wouldn't make any difference - but no-one bothered to tell Steve Mitchell that ;-)
--
Mats
--
Mats
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h1techSlave
04-09 09:50 PM
In my opinion, you should deal with the seller directly with out an agent only if you know the seller personally. Say you want to purchase a house from another IVan, you can do that with out a middleman (Realtor) :)
But you would still need a settlement agency and a lawyer (usually arranged by the settlement agency). And it is advisable to get the loan thru a loan agent.
So what is the roler of a broker/ real estate agent for a buyer.
If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.
Thanks
But you would still need a settlement agency and a lawyer (usually arranged by the settlement agency). And it is advisable to get the loan thru a loan agent.
So what is the roler of a broker/ real estate agent for a buyer.
If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.
Thanks
more...
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logiclife
08-21 06:07 PM
Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
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ramaonline
07-10 07:37 PM
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
more...
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chanduv23
01-08 02:40 PM
Z^^^^^^^
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kanta80
04-05 11:39 AM
Thank you very very much, sertasheep. I really appreciate your help.
more...
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milind70
11-13 08:58 PM
Hi Guys,
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
I do not believe that this complaint will have any effect on your GC processing.Neither positive nor negative.
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
I do not believe that this complaint will have any effect on your GC processing.Neither positive nor negative.
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JazzByTheBay
09-07 03:36 PM
Here are 5 of the more frequently asked questions, and answers to those by ImmigrationVoice. Note, these also appear on immigration attorney Sheela Murthy's web site (http://www.murthy.com/bulletin.html).
Question 1. What is First Amendment? Does it apply to me? I'm on H-1 / H-4 / EAD / and have applied for I-485, etc.
Constitutional rights of an individual are applicable to everyone, including foreign nationals.
Question 2. Will I get arrested and/or deported for participating in the rally?
No, participating in rally with proper permits from city police and other authorities is legal. You cannot be arrested or deported for simply participating in the rally.
Question 3. Will participation in the rally negatively impact my current non-immigrant status or future green card application?
No, exercising your civil rights does not impact your non-immigrant status or future green card application. There are certain procedures and processes for rejecting or denying petitions and applications, it is not done on whims and moods of agencies or USCIS employees. There is a process driven by federal regulations and rejections and denials are backed up by reasons described in federal regulations and the laws. Participating in rallies, meeting with your lawmakers, exercising your civic duties, and enjoying your civil rights granted by the Constitution are not grounds for denial or rejection of petitions and applications or any other adverse action on immigration petition or application.
Question 4. Can my employer take action against me for participating in the rally? Do we have any obligation to inform my employer if I participate by taking a day off?
No, an employer cannot simply take action against you for having exercised your Constitutional right granted by the first amendment. Whether you inform your employer about your plans for your vacation or day off is up to you and your relationship with your employer. Usually employers do not care what their employee do with their time off from work, as long as those activities are legal.
Question 5. What kind of identification do I need to carry? Will my driver's license be enough?
Yes. Your driver's license or a state-issued identification card is enough for ID purposes.
Question 1. What is First Amendment? Does it apply to me? I'm on H-1 / H-4 / EAD / and have applied for I-485, etc.
Constitutional rights of an individual are applicable to everyone, including foreign nationals.
Question 2. Will I get arrested and/or deported for participating in the rally?
No, participating in rally with proper permits from city police and other authorities is legal. You cannot be arrested or deported for simply participating in the rally.
Question 3. Will participation in the rally negatively impact my current non-immigrant status or future green card application?
No, exercising your civil rights does not impact your non-immigrant status or future green card application. There are certain procedures and processes for rejecting or denying petitions and applications, it is not done on whims and moods of agencies or USCIS employees. There is a process driven by federal regulations and rejections and denials are backed up by reasons described in federal regulations and the laws. Participating in rallies, meeting with your lawmakers, exercising your civic duties, and enjoying your civil rights granted by the Constitution are not grounds for denial or rejection of petitions and applications or any other adverse action on immigration petition or application.
Question 4. Can my employer take action against me for participating in the rally? Do we have any obligation to inform my employer if I participate by taking a day off?
No, an employer cannot simply take action against you for having exercised your Constitutional right granted by the first amendment. Whether you inform your employer about your plans for your vacation or day off is up to you and your relationship with your employer. Usually employers do not care what their employee do with their time off from work, as long as those activities are legal.
Question 5. What kind of identification do I need to carry? Will my driver's license be enough?
Yes. Your driver's license or a state-issued identification card is enough for ID purposes.
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HumHongeKamiyab
03-16 04:49 PM
Thanks Fittan. I am waiting for an answer from my attorney.
HumHongeKamiyab,
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.
Fittan
HumHongeKamiyab,
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.
Fittan
gc_maine2
05-25 09:45 AM
Sent just now.
GCaspirations
09-21 10:39 PM
My case was also transferred to CSC. The transfer notice has a different receipt date than the receipt notice. MY case is now transferred back to NSC.
I would like to know if anybody of you have received finger print notice. I have not received it yet.
I would like to know if anybody of you have received finger print notice. I have not received it yet.
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