Wednesday, June 8, 2011

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  • JunRN
    12-17 07:37 PM
    It your decision and must get a good lawyer. If I were you, I will file AC21.





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  • juhis
    06-14 06:45 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)

    Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)

    Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.

    This is what I call a true productive forum. Thanks factoryman for providing this list.





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  • krishmunn
    02-09 07:12 PM
    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).

    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?





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  • Almond
    07-18 09:14 AM
    What is her priority date? Has she filed in RIR or Non-RIR? For RIR, there were only 200 application left in the last release I saw in OH website.

    I think, not sure, but I think she's filed in RIR. 200!? :( So, should she call? Her priority date is end of year 2001, even she doesn't remember well the exact month. Just from reading on here and other forums it seems 2002's and 2003's have been steadily getting approvals, and her case is so old she hasn't gotten a single letter from them, makes no sense.



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  • kcindian
    05-29 11:04 AM
    Gurus,

    I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    Thank You for answering my questions.
    KC Indian





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  • sankap
    07-20 01:10 PM
    We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?

    For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through mymanindia.com. Is there a quicker solution?



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  • milind70
    10-15 10:45 AM
    Hello Gurus,
    I am EB3 India with PD September 2002.

    After all these years of endless waiting I am called for
    an interview at the local office in Philadelphia
    in Nov 26th 2007.

    Here are my details:
    Labour Applied: September 2002
    Labour approved: September 2003
    I-140/I-485 Applied: April 2004
    I-140 Pproved: August 2004
    Got married: August 2005
    Applied I-485 for Wife: June 2007
    Current Status of Wife: H1-B
    Countelss EADs and APs for me and a recent EAD approval
    for my wife with her AP still pending and status is still H1-B.

    In the beginning of this year, I resigned from the
    company who was the original sponsorer of my GC.
    I then started contracting on hourly basis and worked for
    a decent hourly rate for the first half of this year.
    Finally I got a full time offer with decent salary and
    benefits and took the job. I started working for this
    job - remotely and also took up another contracting job
    on an hourly basis (Got greedy as I waited too long :-))
    and started working on both these jobs.
    The point is - it is a different technology and not even
    remotely connected to my original job where my Labour
    cert was applied and approved. I was a developer
    back then and with all the experience, I couldn't
    continue as the pay was too low and no growth at all.

    I can have a letter of future employment that
    states that I have on offer in the same technology
    in which my original labour was applied and approved
    and that is not a problem at all.

    Please advise me on how to go about it. I can
    afford to pay and take the best attorney with me
    to the interview - some one who is very well known in
    the Philadelphia area.

    Any inputs/advise are really appreciated.

    IMP: Icing on the cake - my PD was mentioned wrong in
    the interview notice - it says april 2004 !!
    That was when my i-140 was applied and not labour.
    My labour was applied in September 2002 !!!
    Advise on this is also appreciated.

    Thanks a lot.

    I think you should be fine, just be confident dont waiver in interview.
    Stick to what is on paper.
    Regarding your PD it is of utmost importance that you get it corrected now
    than later, I had a friend who had a PD of May 2001 but his PD was detrmined to be may 2004 his attorney raised a query and got it corrected.
    I think in your case because have put your 140 date as PD since PD is usually determined at 140 stage and u have filed concurrently,make sure you bring this upto the notice of USCIS and get it corrected .





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  • meridiani.planum
    05-11 02:36 AM
    Hi All,

    I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.

    After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.

    My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
    I am asking this because I want to be prepare if any RFE come regarding this issue.

    I will really appreciate any kind of response/guidance in this matter.

    I really need solution for this problem.

    Thanks in advance.

    You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.



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  • ski_dude12
    12-01 11:40 PM
    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?





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  • fullerene
    12-14 09:29 PM
    I received an invitation letter from Congressman Marty Meehan to attend the town meeting at 10am 12/16 at UMass Lowell.

    http://www.house.gov/meehan/

    Although the topic of the meeting is "Climate Change: Local Solutions to a Global Crisis". But it will be a good chance for us to meet congressman.

    Congressman Marty Meehan is Fifth Congressional District of Massachusetts He does not support the CIR but he do support the elimination of backlog of GC. He is a member of both the House Armed Services and Judiciary Committees.



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  • bin673
    07-10 01:18 PM
    did you guys see this ?
    http://lashawnbarber.com/archives/2006/09/15/my-kingdom-for-a-movie-ticket/





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  • aranya
    07-03 06:30 PM
    So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..

    You can move to a new employer and start EB-2 (PERM based LC, I-140 etc.) with them. You can still retain the old PD because your I-140 has been approved.



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  • seahawks
    07-26 11:32 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?

    jazz
    if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..





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  • chandupatla
    02-25 09:53 AM
    Hi Friends..I am staying in MD and i am H4 visa holder..and i have international driving license with me.. Let me know how can i get the driving license in MD and what is the processes..



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  • english_august
    07-18 10:50 AM
    Could someone from North Carolina please call Kristen Collins at 919-829-4881? She needs to get some reaction/quotes for the story on the new USCIS decision.

    Please refer to this press release for talking points
    http://www.prlog.org/10024482-skilled-workers-welcome-temporary-relief-by-us-immigration-agency.html





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  • bharani
    08-11 09:51 AM
    Eb2 -I
    Pd 04/19/2006
    Rd 08/13/2007
    Nd 10/10/2007



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  • gc_check
    10-17 01:22 PM
    Hi All,

    I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.

    I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.

    Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?

    These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...

    rangeela....
    Not sure if you can prepone. Call the customer service and check if they can schedule sooner. I think, given the July fiasco/rush, they schedule based on the availabilty of appointment in local office.

    Also can you please share you reciept date/notice date and when you received your FP appointment. Was your case directly sent to TSC or got trasnferred to TSC from other center.





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  • karthkc
    03-18 11:24 AM
    How did you manage not to work for ABC if they processed visa for you? Why did ABC apply for your visa in first place if they had no work for you? You seem to have acquired H1B visa first and then you are looking for a job. Is it not a fraud? This is what anti-immigrants target and I don't disagree with them. There has to be a job position first and then there can be a visa associated with it, not the other way round. This is how people abuse the immigration system and then it becomes an easy target by anti-immigrants.

    Chill....Speculation without facts usually leads to trouble. All rrk wants to know is whether or not he should use EAD...

    Without knowing anything else, I would not venture an opinion.

    rrk, have you ever worked for ABC and got paystubs from them? If not, how long have you been in H1B status for ABC without being paid?

    Also, is your GC sponsoring employer the same as ABC?





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  • atlgc
    11-12 11:49 AM
    hello

    i am applying for german airport transit visa

    i am travelling from chicago-frankfurt-bangalore on nov 30th and returung on dec20th bangalore-frankfurt -chicago

    in the application there is a question for date of arrival/departures

    do i need to palce nov3oth and dec20th


    any help/experiences are appreciated





    hibworker
    03-21 11:29 AM
    First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.

    Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.





    PD_Dec2002
    06-12 03:55 PM
    up

    If you have attached all the documents correctly and appropriately, then you won't get a RFE at all. Scan the forums to see why people have gotten RFEs and see if you have done the same mistakes. My lawyer confirmed that it's perfectly okay to send two recent paystubs instead of an employment letter. So your paystubs can't trigger a RFE.

    As for getting your I-485 processed in 6 months? Well, if you are lucky, anything can happen. :-) The truth is I have several friends with PDs of 2002 and 2003, who haven't gotten their approvals yet.

    You can see the processing times here: https://egov.uscis.gov/cris/jsps/ptimes.jsp

    Good luck.

    Thanks,
    Jayant



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