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  • averagedesi
    09-22 09:33 AM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.





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  • ganesh_sholapur
    11-08 08:29 PM
    Dear all,
    Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
    But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
    My quires are.
    1. Do i need to go for stamping in Canada or Mexico
    2. Can i work for company B with my H1B approval
    3. To start my new job, do my employer should change my status
    4. If going for stamping do my dependents also should join me.

    Actually i have very short time to make my plans , please help in finding solutions for all my quires.
    With Regards
    Ganesh





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  • bebar
    05-20 02:03 PM
    Guys

    Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?

    Thanks!





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  • Happyday
    07-26 05:17 PM
    Lunch is $25.00 per person.

    Let me know how many??

    Make check out to Rotary Club of Lakeway/Lake Travis for
    $25.00 for each person.

    Myself + ISK Reddy are going as of now. We need more members/any one senior from IV, who can travel to Austin????

    Tomorrow is the last date. Send me name's of all willing members.

    I know renee , so can call her up and confirm

    Else, mail her

    Mail to me.

    Renee' Matta
    127 Carefree Circle
    Lakeway, Texas 78734



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  • ivar
    01-21 04:23 PM
    WITHDRAWAL

    Question: How can a pending application filed under PERM be withdrawn?


    If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.


    If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.


    Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?


    No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.

    Source: http://usavisanow.com/perm-faq-4.html
    (I think the same rule should apply for PERM and appealed case)

    EDIT: Sorry the following information seems to suggest otherwise.
    http://www.visapro.com/Immigration-News/?a=377&z=12



    Sathweb,

    Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.

    Applied for 1st PERM in Mar2006
    Got my PERM approved in Nov 2006
    Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
    Joined new company in Mar07
    Than followed the July 07 fiasco and missed my bus
    New employer filed for PERM in JUN/JUL 07
    Got Audit, Sent Audit reply, Got Denied
    Re appealed against my wishes.
    Ran all the ad campaign and GC process again.
    AFter all this now waiting for earlier PERM TO be withdrawn..

    Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.





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  • ameryki
    07-20 11:17 PM
    Hello,
    My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:

    1- Original 485 Receipt Notice
    2- Original AP filing Receipt Notice
    3- Copy of AP approved screen from uscic. gov
    4- Original previous AP
    5- AP was issued by MSC

    Any advice?



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  • msyedy
    12-14 11:58 AM
    You are 150% right jimi according to me.





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  • kurtz_wolfgang
    08-23 09:02 AM
    First of all Congratulations, ConchShell.
    :):)

    Did you get soft LUD on your 485 or 140? Since I received a soft lud on 485. NSC



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  • Ann Ruben
    02-07 09:23 AM
    Horscrop,

    Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.

    Ann

    PS-Am enjoying all the snow---so beautiful and peaceful.





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  • gc_on_demand
    05-20 02:32 PM
    Let's also help...people who did not file for AOS yet!!!

    Please update poll. I request all senior members and people who visit this site to update poll.

    thanks all in advanvce..



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  • mhathi
    01-09 01:46 PM
    it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.





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  • DallasBlue
    06-23 11:44 PM
    even if in july bulletin the dates move back, think anyone can file till jul31st.
    The applications will be valid as long as it is post marked before 31st july.

    --disclaimer: not a lawyer



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  • lecter
    February 27th, 2004, 07:49 AM
    oops, I meant a week right??

    Oh well....

    if people get sick of my comments and critiques ... please let me know....

    I will base everything on my lack of knowledge and ability and then we can all learn and grow together......


    Plus I'll take some photos for scrutiny by my peers here....

    what a bloke..

    ..............................................rob





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  • Raj_2009
    08-18 10:40 PM
    Hi YabaYaba,

    Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?

    Thanks,
    Raj



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  • crystal
    07-11 12:07 PM
    ^^^^





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  • waiting4gc02
    06-19 12:44 PM
    EAD/AP's dates are back to normal ( ~90 days)

    So, stop panicking ppl..

    For once, USCIS, fixed there error ..fast enough..!!!

    Cheers..



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  • bomber
    07-25 12:26 PM
    I got an approval in March 2007 and status still says 'the notice that USCIS sent was returned as undeliverable". As I guess approval notice was sent to my employer's old address and so returned. My employer got address changed and sent request to Nebraska Service Centere to resent the documents, but documents not received yet. Still waiting.
    Thanks!


    You should act fast and call NSC ASAP to see why the notice was not resent. I hope this situation doesn't affect our I-485s sent on 2nd July when the I-140 was pending. (It was approved on 7/18)





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  • sunty
    11-05 03:37 PM
    You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.

    For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

    Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again





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  • ski_dude12
    05-04 02:51 PM
    So is it safe to assume that the extended H1B will not get invalidated even though the basis of extension was approved I-140 + pending I-485 and later the I-485 got denied.

    Going to the original question. The H1B doesnt get invalidated.
    The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.





    miceelf88
    10-09 05:22 PM
    somehow double posted. My apologies





    prem_goel
    08-18 07:31 PM
    most likely if your app has been already pre-adjudicated (meaning you are outside the processing dates of 485 and life has been cool so far), then I would guess life would continue to be cool.