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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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Old 01-10-2008, 03:33 PM
Member
Priority Date
:
Mar-02
Category
:
EB3
I140 Mailed Date
:
01/01/1900
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/1900
Compare
Join Date: Jul 2007
Posts: 48
immm is on a distinguished road
Default Can I use I-797C Biometric Notice for EAD instead of Receipt Notice

Hello friends,

I filed for I-485 in mid-June 2007 but never received the receipt notice
(due to the issue described in this thread: http://immigrationvoice.org/forum/sh...=undeliverable (USCIS email: I-485 Receipt Notice returned as undeliverable)).

After months of calling USCIS (probably called at least 10-15 times over past 6 months) and having the lawyer send a written letter, I still did not receive the receipt notice as the customer service reps kept telling me that USCIS doesn't send a duplicate receipt notice.

When I saw that one of my friends who had the same issue received a "Replacement Receipt Notice" after calling them numerous times, I decided to call them again. I was able to convince one of the reps to put in a service request requesting "resend whatever was returned to USCIS as undeliverable".

I finally received a letter from USCIS that they will resend the receipt notice but it has been a few weeks since then and I still have not received the promised receipt notice.

Now I need to file for EAD ASAP but it requires you to attach the receipt notice (Notice of Action I-797C or I-797??).
(lawyer didn't file for EAD with I-485 as I have H1)

So my question is:
Can I use the Biometric appointment notice (ASC Appointment Notice I-797C) instead of I-485 Receipt Notice I-797 to file EAD form I-765 as a proof that I filed I-485 ?

What are the odds that they will send my EAD application back saying that I need the actual I-485 receipt notice?

What are my options?

Thanks in advance!

PD: Mar 2002
EB3, India
I-485 Reached Nebraska - June 15th, 2007.

Last edited by immm; 01-14-2008 at 01:03 PM.
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  #2 (permalink)  
Old 01-14-2008, 01:03 PM
Member
Priority Date
:
Mar-02
Category
:
EB3
I140 Mailed Date
:
01/01/1900
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/1900
Compare
Join Date: Jul 2007
Posts: 48
immm is on a distinguished road
Default RE: Can I use I-797C Biometric Notice for EAD instead of Receipt Notice

Any suggestions?
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