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  • amitga
    12-09 07:02 PM
    To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.

    Can you please share what steps you took to follow up with NSC on interfiling and did they respond to your requests.

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  • mach1343
    04-29 11:57 PM

    Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.

    No issues I got it in 10 days...tracking you would get emails about the approval.

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  • absaarkhan
    01-31 12:06 PM
    I-94 validity given by immigration officer over-rides the I-797 I-94 validity

    Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
    USCIS with your I-797. This is Per the "Last Action Rule".
    When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.

    Anyway, its too late now and you have the following 3 Options:

    1. You can go any of the Customs And Border Protection deferred Inspection sites
    and get it corrected, refer to link below to go the site nearest to you.
    Also, it DOES NOT have to the same city where you entered US. You can
    go to any site.

    2. You can go out of US and while entering back you should make sure you use the
    Latest Approval. You can go to Canada by Road and Come back.

    3. File for H1B Extension before June 2008 which is the Current I-94 date on your

    Other Senior Members feel free to Add more Options.

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  • brad_sk2
    08-14 06:22 PM
    But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.


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  • rongch60
    06-27 12:48 PM
    Replacement EAD means replacing lost EAD, and only 1-year EAD will be issued. Most people apply for EAD renewal, which is OK for 2-year EAD.

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  • kumsoft
    08-20 07:51 PM
    i am july 2nd filer with PD Sept 2005.
    I-140 approved in March 2006


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  • Roger Binny
    10-25 11:52 PM
    No-english ticket (

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    12-21 09:56 PM
    Its mystery. My friend visited one Canadian consulate for VISA interview. He sent his I-171 and DS160 to them in email to get PIMS done before his interview date and they said that they received the documents and noted info & can come for interview. He though PIMS check is done and he can go peacefully for interview.
    But today they gave some document saying they need to verify PIMS, so the conclusion is always better to go home country sothat we can have nice time with relatives atleast.


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  • DSLStart
    10-02 09:22 AM
    If he'll be receiving his paystubs for each pay period for next three months, he should still be in status.

    Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.

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  • kumar4875
    03-01 03:00 PM
    Always try to go for group policy with your employer, even if you are paying 100% of the premium and your company is not contributing a dime. That way your premiums are lower than what you get from the open market...may be you do not have that option but good to know... I can vouch for Kaiser, they are very good.

    I was using my employers policy where I had $1000 deductible and paying $1100 per month (2adults+2kids).I switched to BCBS for personal insuracne with $5000 out of pocket limits with $435 premium/month. my calcualtion was I pay $5000 as monthly premiusms + $5000 max deductible -$1000per month just like I was with my employer. At least we can see some saving until we have to spend some amount on healthcare as deductible+outofpocket expenses.So far luck is with me and hoping it will continue.

    But Again --these plans keep on increasing their price yearly --So I am also looking for good plan in Maryland.When I compared from BCBS had better plans than Kaiser.but Kaiser seems to be public choice here.


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  • subarashi_indo
    11-30 12:26 PM
    I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
    Here's the link that I was referring to...

    What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
    Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.

    Thank you.

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  • sweet_jungle
    12-12 12:51 AM
    went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.

    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.


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  • dixie
    09-08 08:40 PM
    Interesting thread but NO Radio Button to vote...
    You will have to login to be able to vote.

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  • GCnew
    06-13 03:30 PM
    I may be wrong but I think the 180 day rule does not work anymore. USCIS has published a timeline for name check (for e.g., if you name check has been pending for say 1 year, it will be clearde by a certain date).

    My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.

    Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)

    Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.


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  • EB3_SEP04
    01-29 03:43 PM
    USCIS might be processing the applications in the order of recipt date
    (need not adjudicate the application which is based on priority date)

    So, i think USCIS can process applications without priority date being current.

    I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
    That's my guess, I have not seen their SOP (std operating procedure).

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  • anai
    08-21 11:05 AM
    PD Nov 2004
    RD July 2 2007
    ND Sep 2007

    NSC, EB2-I


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  • cchaitu
    11-06 02:59 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance

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  • rsdang
    01-02 10:17 AM
    Please consult a lawyer - She is now AOS and should not go back to H4 as that can mean she is abandoning her AOS which I am sure you dont want. I would not even recommend getting H4 stamped in her passport. ( same reason). I am in the same boat and my wife is using EAD - My lawyer did not process her H4 extension and only processed my H1 extension.

    Again - please consult a lawyer

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  • belmontboy
    08-14 08:28 PM
    USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."

    News From The Oh Law Firm Site: Link (

    Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485

    good morning.
    This horse has been beaten to death before.

    the pre-adjudication process does not give u any benefits of I-1485.

    I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!

    12-31 11:31 AM
    Once again Thanks, Bestin.

    I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.

    I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.

    I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?

    Why you need to keep your EAD current? If you are working on H1, you don't even need an EAD, and don't even need to renew it. You can reapply when you are about to go out of your H1. If your wife wants to work, then, of course, both of you have to be on EAD.

    05-21 07:59 PM
    Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
    Is it 120 business days or just week days?

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