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  • gc_lover
    06-20 12:24 PM
    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.


    Hello,

    I got this from immigration-law.com website

    =======================================


    06/05/2007: I-140 Petitions Ineligible for Premium Processing

    Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
    1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
    2. Labor Certification substitution requests; and
    3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
    It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.


    ===============================================

    You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.

    Yes, you can file without actual LC papers, so don't wait!





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  • singhsa3
    07-12 09:20 AM
    Remember green card is a privilege and not a right. But your waiting period idea is well taken.
    I would say put 'Retrogressions' and waiting periods also in perspective.

    In the world and era of progression
    We get the word of 'Retrogression'





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  • arc
    08-03 05:29 PM
    When I open this post the AD on the top of the page said "zero calorie noodles" ha ha I could not resist I had to write a few lines...

    Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D

    (do some workout like fun sports (Gym is for the dedicated ones) to stay active)





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  • a_yaja
    01-08 11:01 AM
    Thank you for the quick response.

    You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???

    I don't think so. I applied for AP on my own - and I got only 2 copies, not three.



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  • vxb2004
    10-04 09:08 PM
    Thanks for this valuable piece of information.





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  • h1techSlave
    10-01 11:02 AM
    I just wanted to point out that a delayed FBI name check is useless any way.

    If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?

    Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.

    I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.



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  • nrakkati
    08-15 02:20 PM
    Is your packet is signed by R.Williams? where is your I-140 approved? and what is your PD?

    I don't know who signed mine. I don't see that info when I enter my tracking number in USPS.com

    I did not purchase "signature" service when I mailed my package.





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  • June05
    08-06 11:33 AM
    Congratulations!

    Quick question: Do you know what your online receive date was before the application got approved? This is the date the USCIS website states that they received your application on. Thx



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  • zCool
    03-20 11:11 PM
    withdrawl in that case would be death-knell to your AOS case..
    there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..





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  • senthil
    02-12 01:11 PM
    - lazy folks, are NOT just lazy to contribute $$
    - many simply just dont know what mess that are into yet

    im sure time will teach lessons to those, but no use - it may be too late. they might think about IV - when they have packed their bags and while at the airport, taring their I-94's one last US departure. yeah going for good is what i mean. see you somewhere in india. may be a good subject to talk when we all retire.



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  • div_bell_2003
    01-06 01:55 PM
    Interesting read since my lawyer had informed me specifically that the CBP officer at POE is not supposed to lift one copy of advanced parole, he's supposed to stamp it and hand it back over to me and make a copy for his own records. They have also told me that if a CBP officer looks to lift a copy, we should politely ask him/her if there is any specific reason he needs an original and can't make a copy.

    On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.


    You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.

    When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).

    My advise to you is - take both the copies - you will not regret it.





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  • prinive
    12-21 01:41 PM
    What is that "Million $$$ drive". I did contrubute to omini bus 30K drive. But I havent heard of this drive?

    Have you contributed to the MILLION dollar drive? Please visit the funding thread!



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  • wandmaker
    10-23 01:05 PM
    Hi,

    My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
    As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.

    Will there be any problem due to that at port of entry?

    Do she also need to carry travel insurance along with her?

    Thanks in advance.

    Buy a two way ticket with future date and adjust the later according to her comfort. With one-way ticket, your in-law will have a problem in convincing a POE officer that she will return. Do the math!





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  • augustus
    08-21 10:32 AM
    Please see above



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  • tonyHK12
    03-17 08:49 PM
    @chanduv23 - Yes it does look like this is needed, for people to realize that, this is the only way they can get their own Green card on time!

    Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange

    Members - IV is not going to benefit as much as you, by doing the Advocacy days

    Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.

    Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.

    This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.

    THE ONLY WAY IS ADVOCACY.
    .

    PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
    .





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  • cooldude
    08-05 11:51 AM
    I filed 485 with G28 form and I just got the receipt yesterday.

    Details:
    I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
    Received receipts for both yesterday August 3rd.

    Sit tight and relax, everyone will get theirs.

    I thought your lawyer is supposed to get the receipts if you had filled G-28.



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  • arihant
    05-22 06:27 AM
    For those of us who will not have access to the press release, kindly post the transcript (or even a brief summary) of the findings when it becomes available.

    Good luck, Aman and Shilpa! Do not know how you guys managed to be invited to the event, but in any case, your efforts are to be commended on the whole.





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  • pnjbindia
    10-08 03:07 PM
    Monkeyman,
    I don't think your comment on adding a spouse is accurate. If the GC is approved prior to your marriage and if your spouse is here, you are NOT golden. As to apply in the family based category, the family based PD in that category (I believe it is 2A) should be current. And that is backed up as well..

    If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).





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  • raysaikat
    11-29 05:01 PM
    The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.

    What you say is true if the approval notice (I-797) has I-94 attached. If not, then she needs to go out of the country to change status.

    In other words, the status is determined by I-94.

    Usual warning: Use any of above at your own risk!





    johny120
    08-24 08:52 AM
    So just to be clear:
    What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.

    Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?

    TIA





    gcnotfiledyet
    07-15 09:26 PM
    I have my original I94 from when I entered on F-1. And now I have the I-94 attached to my H-1B. Which one do I hand in?

    Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.



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