EndlessWait
06-03 07:31 AM
Is there any impact on AC-21 guys.... I changed my attorney to Fragomen after using AC-21....
My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....
as per the article..fragomen didn't file labor or 140 , as it was filed by my employer ...so i hope it should be fine!
My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....
as per the article..fragomen didn't file labor or 140 , as it was filed by my employer ...so i hope it should be fine!
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485Mbe4001
10-08 12:54 PM
SS tax has a cut off after a certain income level. The current SS is supporting the baby boomers and it is projected that in its current state by 2017 the current SS deductions will be less that the outflow. SS is marching towards a disaster.
PF is put in our own account, you get back what you put in along with interest. My company in india used to give a 100% deduction match, most s/w companies do the same. The amount that is put in PF will never go down as the interest rates are set by the government (inflation is a different story). IMO it is much better than social security.
There is no totalization agreement between US and India, its one of the reasons we will never see our SS contributions unless we work for 10 odd years or get that damn GC. This law is for employees from indian companies who used to come to work on short term projects.
Isn't this exactly what we have to go thru here in US by paying SS Tax?
PF is put in our own account, you get back what you put in along with interest. My company in india used to give a 100% deduction match, most s/w companies do the same. The amount that is put in PF will never go down as the interest rates are set by the government (inflation is a different story). IMO it is much better than social security.
There is no totalization agreement between US and India, its one of the reasons we will never see our SS contributions unless we work for 10 odd years or get that damn GC. This law is for employees from indian companies who used to come to work on short term projects.
Isn't this exactly what we have to go thru here in US by paying SS Tax?
aat0995
01-15 12:03 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!!
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!!
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smuggymba
09-30 03:04 PM
mods - please delete
more...
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
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
maccaid
06-22 02:17 PM
Hi,
I just got married not long ago.
I'm planning to apply I-485 this july.
My question:
Should she change her name prior to applying I-485 or she can do it after we applying I-485.
How easy it�ll be to change last name while I-140 and I-485 pending?
Anyone in the same boat?
Thanks in advance.
maccaid
I just got married not long ago.
I'm planning to apply I-485 this july.
My question:
Should she change her name prior to applying I-485 or she can do it after we applying I-485.
How easy it�ll be to change last name while I-140 and I-485 pending?
Anyone in the same boat?
Thanks in advance.
maccaid
more...
REQUIRE_GC
10-14 06:35 PM
Hi:
I filed on July 23, I-140 and 485 concurrent.
I got EAD on 5th Oct.
I had fingerpring done on OCT12.
Whne Fingerprinting was done, with 2 of my fingers, it gave message
Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
Does it mean it matches with some kind of FBI database and Do I need to worry about it?
Please help gurus. I have lost my sleep.
Thanks
I filed on July 23, I-140 and 485 concurrent.
I got EAD on 5th Oct.
I had fingerpring done on OCT12.
Whne Fingerprinting was done, with 2 of my fingers, it gave message
Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
Does it mean it matches with some kind of FBI database and Do I need to worry about it?
Please help gurus. I have lost my sleep.
Thanks
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jsb
04-17 09:30 AM
Here is what I understand, but make sure you seek professional opinion before making any move.
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..
more...
viswanadh73
01-04 08:47 AM
hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
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devamanohar
10-07 01:33 PM
When she was 19, I applied for her on behalf of me.
She was my dependent.
She was my dependent.
more...
ita
01-11 12:12 PM
Jungalee43, Thanks for sharing the information. I've contacted Murali Bashyma too.He responded back saying he'll contact me tomorrow.
Hope I'll get my AC21 concerns straightened.
Thank you.
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
Hope I'll get my AC21 concerns straightened.
Thank you.
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
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vin13
03-09 01:20 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).
more...
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mambarg
07-26 02:52 PM
Good that we see more proof of Apps received on Jun 29 getting receipted.
I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.
I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.
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gcwait2007
06-28 04:39 PM
You need last 2 paystubs and one of them is issued within last 30 days.
more...
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mdipi
10-22 08:34 PM
i am making another image for my site, but i wanna have links ON the image, how do i do this? I am using PS7 by the way!
-mike:cyclops:
-mike:cyclops:
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newuser
04-13 12:23 PM
Recently travelled through EWR using AP without any issues. No questions asked. Only issue was the wait time in the secondary inspection room. There were about 25-30 people waiting infront of me. It took one hour 30 mins to finish the process at the secondary inspection room.
On a side note, if you are travelling through Frankfurt airport, don't buy liqour either in US or India b'coz the security people won't allow liqour bought on non-European countries and non-european airlines.I have to throw away the stuff in the airport.
On a side note, if you are travelling through Frankfurt airport, don't buy liqour either in US or India b'coz the security people won't allow liqour bought on non-European countries and non-european airlines.I have to throw away the stuff in the airport.
more...
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txuser
03-11 09:39 AM
For me, it took around 1.5 months to receive the L2 approval notice. I filed online on 11/17/2009, mailed the hard copies of the documents (USPS Priority with delivery confirmation) the same day and received the L2 approval notice on 01/08/2010.
You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).
I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.
You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).
I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.
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gc_on_demand
06-02 02:44 PM
Hi,
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.
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forgerator
06-10 10:30 PM
Reason is probably they discovered your employer is doing similar crap with other employees.
Right now there is zero tolerance for these kind of abuses by employers.
Right now there is zero tolerance for these kind of abuses by employers.
newbie2020
06-06 02:26 PM
The Statuatory limitation on the law suits is 3 yrs...if you didn't file it within 3 yrs the court may use its own discretion.
gcgonewild
07-29 02:27 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
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