enggr
03-17 03:56 AM
Friends,
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
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eb3_nepa
04-13 08:41 PM
The following doc, 'How the senate bill becomes a law' does not mention any waiting period after President's sign the bill to become a law
http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf
My point exactly.
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf
My point exactly.
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
sands_14
06-11 01:20 PM
Please refrain from saying such a thing for President.
He might have made mistakes but he has been a tough one for terrorists.Since Sep11,2001,he has kept the ppl safe.
6 years is a big time.
If he is trying something beneficial for Immigrants,lets support him and ask him to support our cause.
I think we should send faxes/emails to him to show our support and I am sure he will get our amendment passed.
Lets give this a try.I am sure he will make no more mistakes as these are some last things which can give a lot of credibility back to his Presidentship.
He might have made mistakes but he has been a tough one for terrorists.Since Sep11,2001,he has kept the ppl safe.
6 years is a big time.
If he is trying something beneficial for Immigrants,lets support him and ask him to support our cause.
I think we should send faxes/emails to him to show our support and I am sure he will get our amendment passed.
Lets give this a try.I am sure he will make no more mistakes as these are some last things which can give a lot of credibility back to his Presidentship.
2011 and now, the best tattoo.
vindas
06-14 02:05 PM
Don't worry. I had received a call 3 years back from Department of Homeland security. They asked me that someone was taking picture from my car on the highway. someone had complained that we were taking pictures of "George Washington Bridge sign board" from our car. We had not even gone on that highway that day.
We told him that it is a wrong car. Why would we go on the highway and takie picture of the sign board. Somone have given wrong information.
After that we never got that kind of call. No issue at all.
We told him that it is a wrong car. Why would we go on the highway and takie picture of the sign board. Somone have given wrong information.
After that we never got that kind of call. No issue at all.
more...
kewlchap
09-09 01:17 AM
Hi greencard_fever,
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
styrum
10-26 10:05 PM
I got this as a real paper letter. The signature is a picture, of course, not real.
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
more...
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kumar1305
09-23 08:12 AM
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
It�s not India or China who asked for globalization. It was America who wants to sell their products throughout the world.
No matter how many bills these Senators may make they are not going to stop outsourcing.
America didn�t develop because of protectionist policies, it grow because it was a free market.
It�s not India or China who asked for globalization. It was America who wants to sell their products throughout the world.
No matter how many bills these Senators may make they are not going to stop outsourcing.
America didn�t develop because of protectionist policies, it grow because it was a free market.
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texcan
08-01 05:55 PM
Join state chapter to be upto date.
http://groups.yahoo.com/group/texasiv
Is there a real need of seperate group other than IV.
Just curious.
http://groups.yahoo.com/group/texasiv
Is there a real need of seperate group other than IV.
Just curious.
more...
vicks_don
04-18 03:04 PM
thanks felix 31.
I filed it last year oct in VSC. got an rfe last month. i haven't received any case transfer notice. I am planning to answer rfe to VSC. My recepit number starts with EAC.
just one question.
when you said it was filed with NSC and now transfered to TSC. apart from the recipt from NSC that your case is transfered what else could tell us that the case is transfered..like
a) does the receipt number change
b) when we input the previous number in uscis.gov does it say that your case has been transfered.
Thanks for your reply.
I filed it last year oct in VSC. got an rfe last month. i haven't received any case transfer notice. I am planning to answer rfe to VSC. My recepit number starts with EAC.
just one question.
when you said it was filed with NSC and now transfered to TSC. apart from the recipt from NSC that your case is transfered what else could tell us that the case is transfered..like
a) does the receipt number change
b) when we input the previous number in uscis.gov does it say that your case has been transfered.
Thanks for your reply.
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samsu
04-21 08:36 AM
Thanks for your reply guys. I just came back from international travel and I thought I should share here for the benefits of others.
My lawyer at new company suggested we apply for AC21 just to be safe and we did the same before I traveled and I kept copy of it with me. I was told that officer doesn't generally ask for employment but I was asked about it during first inspection. He asked me where I work now and who filed for my GC. When he found out that I work for different employer he said "I thought you can't change job while this is pending". I didn't respond as his question was casual and I knew I would be going through secondary inspection. I didn't want to go into AC21 discussion with him unless he insisted. He didn't say anything and sent me to secondary inspection.
No question asked at secondary inspection at all.
I hope it helps other. just be prepare in case.
Thanks again.
Sam
My lawyer at new company suggested we apply for AC21 just to be safe and we did the same before I traveled and I kept copy of it with me. I was told that officer doesn't generally ask for employment but I was asked about it during first inspection. He asked me where I work now and who filed for my GC. When he found out that I work for different employer he said "I thought you can't change job while this is pending". I didn't respond as his question was casual and I knew I would be going through secondary inspection. I didn't want to go into AC21 discussion with him unless he insisted. He didn't say anything and sent me to secondary inspection.
No question asked at secondary inspection at all.
I hope it helps other. just be prepare in case.
Thanks again.
Sam
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insight08
02-01 02:22 PM
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
--I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".
Relax and enjoy!!!
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
--I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".
Relax and enjoy!!!
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jthomas
04-03 03:03 PM
Answer to question 1 :- You cannot work for two employers and take pay checks from both of them at the same time.(being in H1B)
Answer to question 2 :- When you are looking ot switch jobs and do a H1B transfer. The receipt would take around 2 weeks. Unless you get the receipt you cannot move to your new job. Your new employer has to file the petition. Some fees such as fraud fee $500/- and another $1500/- needs to be paid by your employer and not by you. Attoneys fee can by paid by anybody. Take any average immigration lawyer. my suggestion, Its worth paying to a good lawyer than taking any stress down the road.
I had consulted Visa pro and asked them couple of questions.Their consulancy fee was not expensive 4 years back.
3. I would wait till the H1B receipt. I don't know this answer.
Thanks
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
Thanks a lot!
Answer to question 2 :- When you are looking ot switch jobs and do a H1B transfer. The receipt would take around 2 weeks. Unless you get the receipt you cannot move to your new job. Your new employer has to file the petition. Some fees such as fraud fee $500/- and another $1500/- needs to be paid by your employer and not by you. Attoneys fee can by paid by anybody. Take any average immigration lawyer. my suggestion, Its worth paying to a good lawyer than taking any stress down the road.
I had consulted Visa pro and asked them couple of questions.Their consulancy fee was not expensive 4 years back.
3. I would wait till the H1B receipt. I don't know this answer.
Thanks
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
Thanks a lot!
more...
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bigtime008
07-18 01:41 PM
I don't think it's going to work again plus its only going to annoy people at USCIS as they have to assign someone to accept and trash those flowers.
Atlanta PERM Center belongs to DOL not USCIS
Atlanta PERM Center belongs to DOL not USCIS
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nhfirefighter13
October 22nd, 2005, 08:00 PM
I like the second shot a lot. Nicely done.
I think the third shot needs to be closer. There's a little too much negative space around the arrangement. Just my 2 cents.
The first shot....I'm not too sure about that one. Technically, it looks fine but it's not holding my attention.
One thing I've noticed about studio product shots is that the most difficult part is finding the props to support the atmoshere of the photo...and then arranging them in a pleasant fashion. I've still got a lot to learn in that department.
I think the third shot needs to be closer. There's a little too much negative space around the arrangement. Just my 2 cents.
The first shot....I'm not too sure about that one. Technically, it looks fine but it's not holding my attention.
One thing I've noticed about studio product shots is that the most difficult part is finding the props to support the atmoshere of the photo...and then arranging them in a pleasant fashion. I've still got a lot to learn in that department.
more...
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usirit
01-28 12:16 PM
We got a denial around Dec-21'07 but after appealing they change back the status to 'In Process'; and according to the timeline we should be no more than 2 weeks away from getting 'CERTIFIED'... Then I-485 and I-140...
BTW, trs80 what a nice signature....
BTW, trs80 what a nice signature....
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sumagiri
02-25 03:08 PM
USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.
Pre-adjudication. That would be really good. According to latest processing times, NSC shows July 30th 2007 for 485. So does that mean that cases before that are either adjudicated/pre-adjudicated or atleast there is an RFE?
Is there any one who confirmed that their case is pre-adjudicated @ NSC. ?
Pre-adjudication. That would be really good. According to latest processing times, NSC shows July 30th 2007 for 485. So does that mean that cases before that are either adjudicated/pre-adjudicated or atleast there is an RFE?
Is there any one who confirmed that their case is pre-adjudicated @ NSC. ?
more...
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aristotle
01-31 01:48 PM
Where?
Let me explain in a bit more detail..
Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.
You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
A) your labor has been pending for more than a year OR
B) your I140 is approved
One your I140 is approved with Company B, you are in a good position again.
Crystal?
aren't u contradicting urself?
Let me explain in a bit more detail..
Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.
You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
A) your labor has been pending for more than a year OR
B) your I140 is approved
One your I140 is approved with Company B, you are in a good position again.
Crystal?
aren't u contradicting urself?
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chanduv23
06-29 09:34 PM
I guess the cases that are pre-adjucated are called for interview.
Well "interview" without PD becoming current is a part of "preadjudication" process. Thats why you see those denials, RFEs and interview notices.
Typically once preadjudication is done - it means the next thing is "wait for visa number". Once visa number is available a final review is done by a officer.
In other words "preadjudicated" means "approvable"
Well "interview" without PD becoming current is a part of "preadjudication" process. Thats why you see those denials, RFEs and interview notices.
Typically once preadjudication is done - it means the next thing is "wait for visa number". Once visa number is available a final review is done by a officer.
In other words "preadjudicated" means "approvable"
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xgoogle
11-12 05:44 PM
I received my GC on 08/15/08. PD 03/2006. My spouse did not. The dates have since moved on and it seems until July/Aug 2009 there can be no hope. She has an EAD until 10/2010and is employed on its basis. Does changing my job effect her I-485 application ? Will I still need to file an AC21 ?
yabadaba
07-13 02:24 PM
hilarious...my last post was 711
go apu!
go apu!
chanvizgran
03-05 08:50 PM
My wife got RFE on her pending 485 case. But that document is gone to old address. Some how address didn't get updated on my wife's file. Now problem is we r plannng to goto india on mar 13th and she is returning back in jun. Can i ask USCIS to send it agian that document and how many days they will give for reply back. Please advice.
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