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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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  • gc_chahiye
    11-29 04:38 PM
    Hello Gurus,

    I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.

    Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?

    thanks.

    Yes, you can re-enter on AP even if your 485 gets approved in your absence. Carry your AP, 485 receipt copy etc with you.
    Only potential for trouble is if your 485 gets denied for some reason. Then the only way to re-enter would be some visa...





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  • pa_arora
    02-10 06:32 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
    Good analysis.. but whatever it is - every drop counts. ;-)





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  • Alabaman
    10-30 09:04 PM
    that settles it. Receiving Unemployment benefits is okay on AOS.

    but the states wont pay you anyways... they will say you are not a PR. So Unfair.



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  • brij523
    11-07 12:26 PM
    brij523.. Taking time out for IV even though you have your GC

    My Pleasure!!





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  • Libra
    09-15 10:19 PM
    Jamie, u da man.......many dont even care, they want everything to be done by itself. If that is the case they never have come to this country. why dont they understand?



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  • chanduv23
    09-23 08:15 PM
    desinj a magazine circulated in NJ has featured IV. I will scan it and upload it





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  • eastindia
    05-14 02:25 PM
    Best place to purchase home in DC/MD/VA area is near your place of work. Even if you have a palace but have to spend time every day in commute it is not worth it.



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  • tnite
    07-02 11:56 AM
    UPDATE ON JULY VISA AVAILABILITY

    The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:

    Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

    have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

    Department of State Publication 9514

    ie. they will not approve any more GC's for 2007. The question is will they accept applications mailed in today and keep them in abeyance ? I hope so...
    What a waste!!!!!!





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  • LostInGCProcess
    10-01 04:51 PM
    In what sense he is racist? I could not understand, please explain to me.



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  • smartboy75
    09-28 06:48 PM
    Hi All

    Cheques were encashed for my and my wife's I-485, I-765, I-131 application.

    I have received the receipt numbers for all from the back of the cheques.

    When I access the receipt number for one of the I-765 Uscis shows the following update :

    On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??

    Anybody in a similar situation ?





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  • Gigantic697
    10-12 01:29 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest



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  • gcnirvana
    09-15 05:03 PM
    ...on whether you did a Bachelors or Masters. Also you can wait till December to get your Degree and then apply for the GC.

    HTH
    GCNirvana





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  • EndlessWait
    01-15 11:53 AM
    lol.. i love this capitalistic society...



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  • chanduv23
    09-15 06:47 PM
    Do we have any guesstimate for the number of attendies for the rally?

    10000 is expected and more.

    Like a caller on radio said - we need 30,000 people and not 5000 people.

    People in Tri State and DC area - no excuse for not coming. Just one day of your lives. Just one day





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  • dsneyog
    01-15 09:26 AM
    EXPEDITE PLEASE
    PREPAID ENVELOPE ENCLOSED

    Your Name
    Your Address
    I-485 Receipt Number: xxx-xx-xxx-xxxx



    December 1st, 2009

    To:
    USCIS
    Texas Service Center
    P.O. Box 851182
    Mesquite, TX 75185-1182

    Subject: Application for Advance Parole Travel Document (I-131) for Firstname Lastname A# xxx-xx-xxxx

    Dear Sir/Madam,

    I need a travel document as I am planning to travel outside the united states in late February 2010. I am eligible for travel document based on my pending adjustment of Status (I-485) application, Receipt # SRC-xx-xxx-xxxxx.

    I am enclosing the following supporting documents:

    1. Check in the amount of $305, payable to U.S. Department of Homeland Security
    2. Form I-131, Application for Travel Document
    3. 2 Identical photographs (Name and A# written on the back of photos)
    4. Copy of current passport (All pages)
    5. Copy of expired passport (All Pages)
    6. Copy of Form I-94 (Front and back)
    7. Copy of a I-797C, ASC Appointment Notice
    8. Copy of a I-797C, Receipt Notice for I-485
    9. Copy of a I-797C, Approval Notice for I-140
    10. Copy of a I-797C, Receipt Notice for I-140
    11. Copy of EAD
    12. Copy of Driver's License
    13. Copy of Marriage Certificate
    14. Prepaid self addressed envelope with delivery confirmation for USCIS to send my I-131 approval.


    Please approve my application for Advance Parole.
    Thank you in advance for your kind attention and cooperation in this matter.

    Yours Truly,



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  • anujcb
    06-04 05:59 PM
    I guess its time for us to dust off the good 'ol case status scanner from the shelf and start scanning starting from June 1. I remeber there was a website which used to do this, type in the last some digits of the wac/lin number and it will say the status. Do any of you guys knoew the website?

    Also please update the thread if anyone got the receipt notices for june filing, i know its a little too early even for peope who have file on june 1

    Do any of you know which service center the lawyer will be applying to if the benefeciary is in california? is it still CSE or did it changed to NSE?

    Thanks..





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  • jungalee43
    01-10 08:12 AM
    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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  • morchu
    04-29 09:45 AM
    Your question 1 & 2 is the same.And you already know the answer.
    YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.

    Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
    Thanks Krupa for your reply.

    Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD

    1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.

    2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k

    As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,

    Business Analyst:Finance,Health care,ERP,Insurance

    QA Analyst: Functional QA (ERP or any other applications)
    SAP QA,People soft QA,Oracle apps QA etc


    All the above jobs are paid average $110k(Minimum 90k)

    My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this

    3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?

    Thanks for reading my post.Any inputs will be appreciated

    Thanks
    h12gc





    waitnwatch
    05-25 07:57 PM
    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    What does the above statement mean??
    So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?

    advanced degree in STEM + 3 years post degree experience in related field immediately preceding I485 filing. The related field part may have been taken out by SA4188 so just 3 years of work experience may be all you would need.

    Hope this clause stays as otherwise the USCIS would have a field day with the "related field" clause.





    yagw
    07-27 02:58 PM
    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.

    Just a suggestion, if you don't want to update your case status now (aka "rock the boat"), then you can commute/telecommute from old address till sept 1.

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



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