Wednesday, August 10, 2011

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  • factoryman
    06-19 01:04 PM
    Last night I didn't stay at the Holiday Inn. FIFO.

    or did you ask for this:
    Step-by-Step Guides



    ADJUSTMENT OF STATUS (I-485)
    Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.


    STEP #1:
    Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.


    a) A copy of all approval notices received from the USCIS


    b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)


    c) A copy of every page of the passport


    d) A copy of your marriage certificate


    e) A copy of the divorce decree from any previous marriages of yourself or your spouse


    f) A copy of the birth certificate for each family member adjusting status with you


    g) A copy of your income tax returns for the past three years


    Please Note: If a document is not in English, then you should provide an English Translation.


    DOCUMENT TRANSLATION INSTRUCTIONS


    TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE


    ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)


    STEP #2
    Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.


    Instructions for completion of Form G-325:
    -Please print legibly. Our legal staff must be able to read your hand-written G-325.
    -Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
    -In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
    -You do not need to sign the G-325, we will type out new forms for you to sign.
    -You do not have a “File Number” or “A Number”. Please leave those fields blank.


    FORM G-325

    Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.


    After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.

    STEP#3:
    Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.


    DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.


    To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf


    MEDICAL EXAMINATION INSTRUCTIONS


    STEP #4:
    Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.

    USCIS Photograph Instructions



    MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
    Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.


    MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING

    EMPLOYMENT AUTHORIZATION
    After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.


    The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.


    A foreign national can extend his H or L status even after filing the I-485 application.

    TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
    A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
    • A valid H or L visa stamp in the passport, or
    • Advance Parole authorization
    If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.

    OUT OF STATUS / UNLAWFUL PRESENCE
    If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.



    I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?

    Please let me know.

    Thanks in advance!
    ~Anil





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  • bigboy007
    11-05 04:15 PM
    Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
    Forget about congress.. Immigrantion reform should start with us Immigrants if we dont go and meet atleast our lawmakers who will help us ?





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  • ekkatip
    11-06 05:59 PM
    My Friend has two I-140 one EB3 2002 PD and Other EB2 2008PD.
    Last week he got his GC. He never requested to port PD. USCIS ported his PD and approved his case.


    My I-140 EB3 PD 2002 approved in 2006
    I applied new labor in EB2 category and while applying I-140 my attorney requested to port EB3 PD. USCIS approved EB2 I-140 without porting PD.

    Recently My attorney sent another request to port PD , I saw LUD's on I-140 and 485 but no luck so far.

    Couple of my friends successfully ported PD and got GC.





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  • chadoubra
    06-21 01:24 PM
    thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?

    for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.

    for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.

    if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.

    thanks again for the help.



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  • andy garcia
    09-08 07:53 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.

    If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.





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  • eb2_mumbai
    10-28 09:33 AM
    I am not 100 % sure on how pre-approved labors are judged but isnt it true that you should be qualifying from the PD of that labor so in your case 2004. This would mean your 2007 MS will not be accepted since that is after the labor. Now your BSc + 1 Yr PGD might work only if you have them in same field. I mean not guranteed but least you have a chance to appeal. But say they are totally different fields then it might not work. Example BCom + 1 Yr Computer Diploma will not cut the ice in this difficult period. If you need better answers you need to put in more details.



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  • sduddukuri
    02-23 08:27 PM
    I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.





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  • Enebreus
    02-09 03:31 PM
    Ooooh my bad. Sorry about that. It's kind of like joking about bombs in an airport lol. Its kind of an edgy subject. Anyways, congrats!

    It's all good.
    That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)

    Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.



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  • vkotval
    05-30 08:31 PM
    Please help....I am in a little bit precarious situation here...


    I am frustrated working for Company A and I have a job offer from Company B..

    My question is if
    1: my I140 is approved from company A and
    2: have H1b extended for 3 years for company A
    3: get the H1b transferred over to Company B and then

    leave the Company A and join Company B
    Now Company A revokes I140

    Will by H1B with Company B still valid?

    I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.





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  • belmontboy
    10-06 09:35 PM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.

    Not sure what you mean by 2 months before I had 3 offers??

    if you are talking about jobs, then all you need is one!!



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  • mariner5555
    05-24 10:17 PM
    Hi Gurus...


    I am one of the July 2007 EAD filers and did not file for AP at that time.

    So I am in the process of the renewing EAD & Applying for AP for the first time.

    I have couple of questions..
    http://immigrationvoice.org/forum/images/icons/icon8.gif
    Angry
    do you get Finger Printing for EAD Renewal ?

    do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]

    Your help is much appreciated
    this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, I sent my postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
    I had efiled mine few days before her and so
    far nothing - only soft LUD's.
    and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!
    http://immigrationvoice.org/forum/images/icons/icon8.gif
    Angry





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  • smuggymba
    10-05 11:00 AM
    ^^
    they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.

    Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?



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  • Desertfox
    09-10 06:04 PM
    I will give you a green!:)





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  • needhelp!
    10-22 11:09 AM
    as volunteers for IV booth



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  • gova123
    10-30 10:19 AM
    Is FP Prepone possible

    If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.

    If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.

    Thanks
    Govardhan





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  • same_old_guy
    10-25 01:55 PM
    I said the same thing. I WILL NOT spend $1000 for nothing when my PD is not current.

    Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.

    So just hang in there, unless your 6th year H1 is expiring in new few days.



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  • rsrikant
    07-20 10:17 AM
    sorry for that
    i can open it...





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  • doomdoom
    03-17 11:02 AM
    Me also got RFE for 485. My priority date is 2006 Aug. Mine was related to medical report. Dr corrected the mistake and replied back.





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  • snathan
    01-13 04:28 PM
    Hello folks -

    I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.

    I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.

    Do you think showing business income on form 1040 will have any impact on the processing of I-485?

    Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.

    Thank you!

    What you did is unauthorised employment. You can not do anything to move forward. Keep your fingers crossed and wait...





    raysaikat
    07-13 01:34 AM
    Hi Folks, I have a question about traveling to India...

    Want to travel from US to Indore, India. As I need to change planes either Mumbai or Delhi, how does it work?

    1. I came to know that in Mumbai, it is just change of terminals, not airports. Am I right?


    In Mumbai, you need to go from the international part to the domestic part. They are pretty close. Usually the airline will arrange buses to take all the passengers to the domestic part. However, you need to collect your luggage and clear customs and immigration before that.


    2. How about Delhi? Once I arrive at International airport in Delhi, to catch a domestic flight to Indore, is it change of airports or just change of terminals? Is there a shuttle provided?

    Thank you very much and I appreciate an accurate response...





    pani_6
    08-24 09:27 AM
    I am not sure how the Bill gets intorduced into the senate...but if only the h1 increase is the sticking point in the skil .....for now lets only focus of the visa retrogression and the waiver for visa numbers for people with STEM degrees and quicker processing of BEC's....I think we need to get the benefit in smaller chunks...



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