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.
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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obelix
12-22 03:44 PM
Side question, very much related to OP's question.
How to run the payroll while you still waiting for SSN?
My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?
I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.
I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?
Thanks
How to run the payroll while you still waiting for SSN?
My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?
I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.
I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?
Thanks
rajsoni
05-06 09:18 AM
HI,
Yes, there is no labor substitution.
My case has been filed in July 2007.
Yes, there is no labor substitution.
My case has been filed in July 2007.
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GC Struggle
04-10 11:49 AM
Hi Guys -
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.
An approval for an AP takes considerable amount of time.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada
Gurus - please help me here...........
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.
An approval for an AP takes considerable amount of time.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada
Gurus - please help me here...........
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STAmisha
07-27 10:10 AM
Thanks.
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
tabletpc
03-18 11:01 AM
If company 'ABC" is a consultant company then..make a deal with them and work thru them for XYZ for 2-3 months and take transfer to xyz.
Otherwise you have no other option than using EAD.
Otherwise you have no other option than using EAD.
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kalyan
02-13 08:05 AM
Brothers and sisters,
IRS and USCIS dont talk to each other. They dont co-ordinate . So dont worry.
By the time, they think of co-ordination, our grand kids will come up.
USCIS does'nt even look at w2 and payslips in depth. All they do is, did the guy submitted as per the LCA or not.
IRS and USCIS dont talk to each other. They dont co-ordinate . So dont worry.
By the time, they think of co-ordination, our grand kids will come up.
USCIS does'nt even look at w2 and payslips in depth. All they do is, did the guy submitted as per the LCA or not.
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invincibleasian
03-02 02:05 PM
H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!
What with the UK docs coming to the US...I know for a fact that competition has increased
A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!
What with the UK docs coming to the US...I know for a fact that competition has increased
A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!
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validIV
03-25 01:49 PM
How come you are being paid if you are unemployed?
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desi3933
06-12 04:51 PM
.......
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
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rdehar
07-17 08:09 PM
Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it
hey smartboy75, the rules can change every day and what if someone is asking a question that was posted a month before. where do you draw a line? I don't understand what's wrong with it.
hey smartboy75, the rules can change every day and what if someone is asking a question that was posted a month before. where do you draw a line? I don't understand what's wrong with it.
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softcrowd
03-11 10:31 AM
PD Transfer can even be done @ i-485 stage too, but that's not as straight a process as porting it at the I-140 stage. But technically, it can be done at I-485 too.
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urstruly
07-26 09:51 PM
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
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newyorker123
09-28 10:06 AM
I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.
It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.
I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??
Again my original question can I submit another FOIA just to get the I-140 approval notice???
It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.
I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??
Again my original question can I submit another FOIA just to get the I-140 approval notice???
more...
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ImmiLosers
01-09 07:48 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)
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gk_2000
01-29 08:47 AM
Obama's point was direct. "Others come here from abroad to study in our colleges and universities. But as soon as they obtain advanced degrees, we send them back home to compete against us. It makes no sense."
He needs to get his basics right first. What does he mean that they send them back home to compete against US? 99.99% of them apply for H1Bs in the 20K reserved for students and if that quota gets used up, they even are allowed to get into the regular pool of 65%. With minimal knowledge, Mr. Prez is making big comments...More like a joke :D
You have to remember, he is talking about the present POLICIES, and what your F1 visa expects from you. Not what people may manage to do (by hook and sometimes by crook)
He needs to get his basics right first. What does he mean that they send them back home to compete against US? 99.99% of them apply for H1Bs in the 20K reserved for students and if that quota gets used up, they even are allowed to get into the regular pool of 65%. With minimal knowledge, Mr. Prez is making big comments...More like a joke :D
You have to remember, he is talking about the present POLICIES, and what your F1 visa expects from you. Not what people may manage to do (by hook and sometimes by crook)
more...
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sk2006
05-25 01:21 AM
My Employer is not paying me salary even I am on Project.
can any one please tell me that how to report to DOL about this company.
AGT
Would you please care to update your profile?
It appears you created and ID just to post this question.
can any one please tell me that how to report to DOL about this company.
AGT
Would you please care to update your profile?
It appears you created and ID just to post this question.
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chaki
02-13 12:23 AM
Thanks for your responses. Can you answer one more question ?
If my current Eb3 labor and its associated I-140 is cleared can I accept the promotion and refile under Eb2 retaining my priority date.
Chaki
If my current Eb3 labor and its associated I-140 is cleared can I accept the promotion and refile under Eb2 retaining my priority date.
Chaki
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dreamworld
11-07 12:56 PM
Dude, Consulting Business mean making profit out of consulting and you are one of the tool for them....
husker
09-30 12:11 PM
:confused:
All,
Just curious to know how will a FP notice help. If you get an FP notice how useful is that, its just one process. Or am I missing something. I did receive ASC notice from TCS, I think its moved from NSC to TSC (not really following what is going on, lawyer not giving information). Should I be happy?! I have not received any AP or EAD notice.
All,
Just curious to know how will a FP notice help. If you get an FP notice how useful is that, its just one process. Or am I missing something. I did receive ASC notice from TCS, I think its moved from NSC to TSC (not really following what is going on, lawyer not giving information). Should I be happy?! I have not received any AP or EAD notice.
snathan
09-23 10:57 PM
First of all thanks for your valuable feedback.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
You can use the EAD to start working. Then start the GC process. But I dont think you can caputre the 2003 EB3 PD for your EB2. Only your spouse can port the PD if he starts his GC in EB2. I believe you can not port your spouse's PD for your GC. So whats the use of doing this. You will be having EB2 PD sometime in 2010 as it takes 3-6 months time to file the PERM.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
You can use the EAD to start working. Then start the GC process. But I dont think you can caputre the 2003 EB3 PD for your EB2. Only your spouse can port the PD if he starts his GC in EB2. I believe you can not port your spouse's PD for your GC. So whats the use of doing this. You will be having EB2 PD sometime in 2010 as it takes 3-6 months time to file the PERM.
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