Sunday, June 26, 2011

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  • gc_maine2
    08-08 04:27 PM
    OK good another thread, now you have posted this info you can also close this thread.:)
    http://www.uscis.gov/files/pressrelease/FAQ3.pdf

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.





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  • LostInGCProcess
    06-17 05:05 PM
    The thing is AC21 applies to you as long as your I-485 is pending - the exact wording.
    The law allows you to change the job, but the job must be same or similar. Also, the law states, that the burden of proof lies on you, USCIS doesn't have to prove anything. So, if in the future (at time of citizenship or upon investigation) should they allege that you broke the law - you have to prove that you didn't.

    In this case EVL, W2s, and paychecks is enough to prove.





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  • nanibabu
    10-06 10:49 PM
    Nevermind. Online status of my case just changed to Card production ordered. Finally.





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  • StukAtBEC
    02-16 10:19 PM
    Folks,

    I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

    I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

    I have the following questions:
    1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

    I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC

    2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.

    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

    Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

    Gurus... please help me with your suggestions.



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  • tonyHK12
    01-31 09:29 AM
    Definitely lets all agree to meet with our local house reps.
    You can find your local congressman/woman from http://house.gov by entering your zip code.
    They are generally very close to your geographic area.
    Please ask if you have any questions, doubts.





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  • JunRN
    12-27 08:12 AM
    Just an advise: Check what's on your I-797 and that's your official receipt date. Count 180 days plus 1 after that and you're good to change employer with same/similar occupation.



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  • h1b_forever
    10-01 12:09 PM
    I am the primary applicant.
    But AP seems to be going the other way. I got my approval. My wife hasnt yet.





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  • vishalsab2003
    06-26 12:19 PM
    Thanks for your reply, I also recvd my approval last week. Thanks a lot for reply and wish you all the best.



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  • H1B-GC
    02-16 10:26 AM
    Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.

    Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??





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  • hopelessGC
    05-04 11:40 AM
    i have first hand experience. don't believe what USPS guys tell you. All CIS mail says 'Address Service'. I guess that means only deliver to that address otherwise return to sender.

    i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.

    AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.

    my experience with AR-11 was good. but make sure to complete the second step for pending applications.

    What is the second step you are referring to? I thought only an online AR-11 is good enough.

    I will be changing my address next month (same zip code and state).



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  • harsh
    01-12 02:04 PM
    Any body else from Alabama? Please sign up here if you are from alabama. Lets start our state chapter activities. I am willing to take the lead to start the activities. So all you alabama residents please sign up.





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  • Templarian
    08-25 09:01 PM
    Hmm... pwned person... http://img402.imageshack.us/img402/6388/boomheadshotrv3.gif

    and by the way Templarian Kalamazoo isn't too far away, I live there.You plan on going to wmu? (depending on your age)



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  • simple1
    05-12 12:41 PM
    Thanks a lot for the thoughts. The same logic will nullify the ebdependent to qualify for ebquota. How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications).

    Take an example:
    H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1 (dependent gets L2) the quota doesnt apply in L1.


    If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.


    Yes, I don’t agree with you on the interpretation linking ebdependents with ebquota.

    Please note: My primary argument here is "ebdependents out of ebquota". I really don’t care where ebdependents belong as long as they are not counted in ebquota.

    I am already in "Ask an Attorney" forum and want to hear attorney’s thoughts.
    Please comment only in the member and donor threads and Let us keep this for Attorney only.





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  • indyanguy
    01-18 01:00 PM
    diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.

    getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.

    By the way, is it required to send 2 letters from each employer?



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  • Kapils573
    10-07 04:01 PM
    Why do not u go to another License bureau and reapply and see what happens? If the other license bureau issues u Maryland license then take it.Also call up OHIO license bureau and ask them what does "non renewable/non transferable" actually mean and tell them the problem u are facing in Maryland. May be they will say something which will help u when u go to Maryland license bureau.



    Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.

    Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?





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  • burnt
    06-21 10:34 PM
    Instead of entering (c)(09) on the EAD renewal form, I entered (c)(0)(9). Friends please let me know if this is going to cause any issue for my EAD application?



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  • RedHat
    08-29 11:41 PM
    Today i got REF regarding my GC .
    USCIS is asking me to provide following:

    1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
    2)Copies of all US Federal Tax retuns ever filed.
    3)Copies of first and last pay stubs of all US employers.
    4)Birth Ceritificatates
    5)Marriage cetificate and cermony photos.



    I have all documents except my first paycheck of the first employer.

    I came to USA in the year of 1999 without my employer permision.
    I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.

    Only problem is , i stayed 8 months in the USA without job(without status).


    Between 1999 to 2007 i visited inida 4 times without any issues.

    USCIS is asking me submit my first paycheck. - I did not work first 8 months


    Anyone can guide me how to handle this case?.

    If i tell my employer was not paid first 8 months will that be any problem?
    And what are chances of get my GC.

    Please help!





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  • mansour
    03-06 08:30 PM
    i voted for paddy duke :thumb:
    i can understand the concept, but i still didn't like the bottom part of mlkdave's site.

    btw paddy duke - it would've looked much better if you used the same pictures on (see, play, hear)





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  • trueguy
    08-11 02:55 PM
    Doesn't work. When I select nationality as India, results are ZERO. I wish that was true :)





    somegchuh
    10-26 02:56 PM
    arnet,
    So they took the original I 797 after the itnerview and mailed it back with the passport?

    Mihrid,

    they should have returned your wife's I797. If she's still in India she can call VFS and follow up to get it. It is important that she gets back the original 797. Sometimes they ask for it at the airport when you land. My wife was asked for it once.

    I am asking my wife to call both embassy and VFS to get I797 back. Here's the contact info I have been able to find

    Have a question about your NIV application? Contact the NIV unit by the following methods:
    Phone: (011-91-11) 2419-8310 from 2:00 p.m. to 3:00 p.m., Monday through Friday
    E-mail: nivnd@state.gov
    Fax: (011-91-11) 2419-8407

    Want to contact VFS? Please use the following methods:
    VFS Helpline (Excluding Punjab): 011-4222-0000
    VFS Helpline (Punjab): 0181-504-1444
    E-mail: infodelhi@vfs-usa.co.in
    VFS’ agents respond to phone calls from 8:00 a.m. to 4:00 p.m., Monday through Friday, except on Indian holidays observed by U.S. missions. E-mailed inquiries are responded to Monday through Friday, within two working days.

    If you are calling from outside India, please call VFS at 011-91-44-4231-6767.

    our experience:

    they will mail back those.

    my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.

    I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.

    it took 3 days after interview date to get the stamped passport and documents through courier.

    If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.





    jliechty
    January 7th, 2005, 09:39 PM
    The technique you mention works best when you reverse a normal or wide lens in front of a telephoto lens. However, none of my lenses work very well; all cause severe vignetting. The cheapest way to try this is to hold the one lens in front of the other with your hand; then focus the apparatus by moving the whole system in and out until you find the plane of focus (autofocus is worthless for any macro above 1:1, and IMHO even for most macro below it). If you like what you see, then it's not a great expense to find an adapter that has filter threads on both sides of it to hold the lenses in place for you. Check the macro couplers (http://www.bhphotovideo.com/bnh/controller/home?O=NavBar&A=search&Q=&ci=3066) section at B&H for the kind of adapter you'd need.

    I still think a regular macro lens would be most versatile (you can go from infinity down to 1:1 without removing the lens or unscrewing any filters), but the other method can be a cheap way to experiment, if you can find a pair of lenses that gives you the magnification you want without major vignetting.



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