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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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  • hopeforgc
    06-21 04:58 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.




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  • GCNirvana007
    06-07 04:35 PM
    Since i applied my I-485, havent seen a LUD but i did first time June 3rd 2009. One of my friend with same PD got LUD in April. I am from TSC. Any thoughts?.




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  • user
    11-06 09:50 PM
    http://www.change.gov/



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  • lazycis
    01-15 12:16 PM
    Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).

    Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..

    Thanks!!

    Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.

    Here is the link to access the regulation in question
    http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve

    Look at page 132.




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  • GcInLimbo
    02-10 01:34 PM
    The following link from immigration.com forums might give you some mental relief. As every one else said report to DOL if you were not paid.

    DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)



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  • msgoud
    03-09 12:54 PM
    he is india
    he didnt go for interview,his wife went,and when was unable to answer few question they called my brother who was wiating outside for afternoon.




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  • surabhi
    07-15 12:52 PM
    I have used AC21 to change jobs
    I have a closing statement from my previous employer mentioning the exercisable options.

    Here it goes:

    Exercisable Options

    Price $30
    grant date 1/10/2007
    Shares exercisable 400
    total price =12000

    Last date to exercise
    7/20/2008

    However the market share value for the company now is 26.00

    now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

    I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????

    You will want to exercise your option only if the stock price on the date of sale > strike price (30$).

    Whenever you sell, any amount > 30$ is your money, else the options are under water and useless



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  • dealsnet
    09-08 03:40 PM
    Get ready for an interview. USCIS transfer your petition to NBC for interview by local office.
    Go with a $1000/day lawyer, or, if you are confident and clean case, go alone with all documents.




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  • yagw
    07-27 01:55 PM
    yagw,

    Regarding your comment
    >>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
    Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?

    By law, you need to notify change of address within 10 days of your move.

    DISCLAIMER: I am not an Attorney and this is not a legal advice.



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  • gc140
    10-22 07:34 PM
    Hello,

    Please advice on this.

    Application is filed under EB2 category.
    In Labor certificate minimum education requirement is Master's

    My I-140 is denied because of 3 years Bachelors degree.
    I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

    Received RFE on 15th June 2009.
    We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.

    Received denial notice on 28th Sept 2009.
    After denial, Lawyer is planning to file appeal with federal court.

    Does anyone have the same issue?

    I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
    To proof this CCI is charging a huge amount.

    Does anyone have any info about CCI?

    Please advice.

    Thanks.




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  • go_guy123
    12-28 10:14 AM
    The Congressional starter pistol on comprehensive immigration reform (CIR) has been fired skyward with the release of a 644-page mish-mash of proposed changes to the Immigration and Nationality Act that will both please and infuriate pro- and anti-immigration combatants in the Capitol and throughout the land. Introduced by Rep. Luis V. Gutierrez (D-IL), the bill with three names (the ��Comprehensive Immigration Reform for America�s Security and Prosperity Act of 2009,�� the ��Comprehensive Immigration Reform ASAP Act of 2009,��and the ��CIR ASAP Act of 2009��) is the first sortie in the coming Congressional ground war over immigration policy. With the release...

    More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)

    These are the kind of poison pills that derailed previous CIRs.
    Amnesty for illegals and as a pacifier to "antis" more conditions/rules for H1B/L1.
    The business community as well as skilled immigrants start opposing the CIR and it
    comes crashing.



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  • 10dulkar
    02-28 07:18 AM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.

    VS

    what is your PD, catagory and country please?




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  • govindk
    10-24 09:07 PM
    I filed my application on July27th. I completed my FP on Oct 10th but haven't receive any news on EAD. My online status is still "Case received and Pending". It is mentioned on the USCIS website that the USCIS needs to provide EAD within 90 days of the filing as mandated by law [8 CFR 247a.13(d)].
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e7ee6a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

    When do USCIS start counting 90 days from? date of filing or date on which they acknowledge the case? The online status says that "On Aug 30th we recevied your case..." So in my case the 90 days counter starts from July27th or Aug 30th?



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  • tnite
    11-14 02:14 PM
    Hi,

    Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:


    Receipt Number: SRCXXXXXXXXXX
    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: We mailed you a notice requesting additional evidence.

    On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
    Possible documents :
    1.copies of Old I -94's
    2.Color copies of the relevent pages of passport




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  • pappu
    12-23 12:37 AM
    REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......
    Thanks Anurakt.
    Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.



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  • solaris27
    05-18 08:35 AM
    I did it myself.

    Don't waste money for any lawyers .

    its very simple .




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  • whattodo21
    04-20 01:44 PM
    the question is when we march with them, will we be marching for amnesty or for our issues. If we are marching for our issues, where, when and who will we be making this case to? I don't consider myself better than the undocumented, but I would like to know will I have a voice?

    One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.

    BTW in politics right or wrong is rarely a consideration.




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  • monkeyman
    10-24 09:43 AM
    Unless your parents have SSN, you can't really claim exemption. The other way you could claim exemption is, if they visitied for business reasons - such as running your motel, shop or business. For that, you'd need the B1 visa. Medical expenses are not really covered for them as far as I know (I used an insurance company for that).

    Do post any further updates if you do get them. I did talk to a CPA since they came here to help me with my house and moving and painting and all that headache that comes once you buy a house. He did not file for exemptions as such. You can however claim exemptions if you had gone to India for visa stamping (flight tickets, charges etc are exempted).




    americandesi
    10-18 06:03 PM
    This due to increased fee coming to effect after July.

    The increased fee went in on July 31, 2007 and as far as I know, no relief in fee was provided to naturalization applicants unlike I-485 applicants till Aug 17. Still many naturalization applications were filed in Aug 2007.

    Looks like the I-485 wave swept the naturalization applicants too :)




    psam
    07-22 01:25 AM
    Hi,

    I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.

    Thanks!

    In case you decide to re-start your GC with another employer, use the approved I-140 to retain your original priority date.



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