Friday, June 24, 2011

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  • GlobalCitizen
    08-21 03:20 PM
    I think you're okay. Hopefully USCIS made a note in their system when your application was first sent and you just needed to correct something. Did you ask your lawyer what he thinks will happen?

    My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...




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  • gjoe
    02-04 04:36 PM
    I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport




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  • Eternal_Hope
    02-08 08:48 PM
    There are two aspects of free trade - free flow of capital and labor.

    Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
    1. Labor flow to where the work is (from developing countries to developed countries)
    2. Work transfer to where the labor is (outsourcing)

    Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.

    Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.

    Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.




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  • indianabacklog
    07-25 11:24 AM
    I didn't find what I am looking for.

    I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

    So, I am thinking to file myself.
    Posted this in another thread earlier, these are the instructions I followed from my employer.
    DOCUMENTATION FOR APPLICATION
    BASED ON EMPLOYMENT

    The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.

    1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
    I-485 Supplement A is not required unless you are illegally in the US.

    2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.

    3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.

    4. Form G-325A (Biographic Information).

    5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.

    6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
    (I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.

    7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.


    8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.

    9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.

    10. Photocopy of the marriage license of the primary applicant and spouse.

    11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).

    12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.

    13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.

    14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.

    15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.

    16. Cover sheet listing all documentation.


    NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:


    I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.



    Signature _________________
    Name of translator _______________
    Address: ______________________
    Telephone: _____________________



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  • surabhi
    08-17 04:02 PM
    I think this might be the case where "Waiver of Signature" was not opted in case of express mail.

    In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.

    In this situation, I guess nothing much to do except wait I guess.




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  • gc_peshwa
    03-10 05:05 PM
    Does it differ from state to state? IDK..BTW I am in CA if that matters to SBI :)



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  • apb
    09-07 06:38 PM
    Scene at Consulate
    IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.

    H1B applicant:--> SO WHAT IS THE CATCH.

    IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
    ---------------------

    Hope one more catch the vision of IV




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  • newtoearth
    05-03 12:56 AM
    congrats dude



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  • chanduv23
    03-14 05:51 PM
    Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

    You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.

    u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off




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  • msgoud
    03-08 12:15 PM
    last year his client was in arizona and this year his clieNt is in NJ
    looks like the client letter got VO confused thinking him working directly rather than his consulting company.because that what the VO was saying to him.



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  • indianabacklog
    07-25 11:25 AM
    I didn't find what I am looking for.

    I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

    So, I am thinking to file myself.
    You can download all the forms from the USCIS website.




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  • HV000
    03-08 10:39 PM
    By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.

    I am sorry about your situation. I suggest you to talk to a good attorney to get some peace of mind..



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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.




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  • mangelschots
    05-02 09:02 PM
    Senator Obama has filed the "Citizenship Promotion Act 2007" which
    tries to alleviate this process and mandate the FBI to perform this in
    a reasonable timeframe without limiting US Security.

    following is an exceprt of this.
    "...Act to limit the timeframe of the FBI name check and background
    check. We ask of the honorable members of the Congress and Senate to
    approve Senator Obama's Act in its entirety and facilitate the
    feasibility of it. As the security of this country is considered a
    priority, it is important that the adequate budget and resources are
    devoted to the security checks ..."

    This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:

    http://www.petitiononline.com/nc082505/petition.html



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  • ksrk
    06-29 03:36 PM
    Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".

    What are my options. Can you guys suggest where I can buy the insurance from.

    I used TravelGuard. It was perfectly suited for the Schengen visa application. It cost ~$30 for the coverage amount the visa requires. There might be others, but this worked really well for me.




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  • ihabosman
    08-13 09:15 PM
    ihabosman and MUKRAW6,

    Do any of you guys have a TSC approved I140??????????????

    THANKSSSSSSSSSS for your REPLY

    No. My I-140 was approved in 2006 by NSC .....



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  • sujith1
    07-10 10:43 AM
    You are right - The status changed today saying some one has picked it up - So express mail is good for sending.

    Does the checks getting cashed mean the applicaton is accepted - and for whatever reason if they deny willu get the fees back?????


    I had sent my EAD application on last week Thursday through express mail and I recvd the same status first time. On Monday, the status changed to delivery confirmed when someone picked the notice I think. My checks are cashed today so you may have to wait for a day and it should be fine.




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  • delhirocks
    06-25 12:51 PM
    Regarding your 1st issue...My lawyer advised me to attach the scan copy with 485, but definately have the originals in hand in case there is a RFE.

    I don't want to take a chance, so Iam asking my parents to send it through 2nd day fedex as well. It will cost me maybe another Rs 2-3000, but what the hell..

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.




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  • govindk
    10-26 04:07 PM
    I filed mine on July 27th. Still no EAD for me or my wife. :(




    pak
    10-08 03:22 PM
    I am on F-1 applied I-485 and I-765 (EAD) on July 3 but there is no RN till yet. Can I apply for OPT-EAD which USCIS process in 11 weeks?????




    ImmiLosers
    03-11 08:26 PM
    I-94 is proof of your valid presence in US. You should not be having it if you are not in US. You will get one once you come back. Do not leave Airport without getting one;)



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