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  • milind70
    07-26 12:44 PM
    Documents required for EAD/I-765 per person:

    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)

    I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.

    Since this is not concurrent filing, i think the fees will increase on July 30th.

    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.




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  • rbalaji5
    10-16 07:01 PM
    Wish you & your family a very very happy, healthy, recession free and prosperous Deepawali !!!

    Sorry IV-ians -Story deleted due to bad comments.




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  • victory123
    05-15 01:17 PM
    Hi Saigc,

    Same thing, my 485 is pending at TSC, and I used AC21 in Feb 08, saw few LUDS after that and since then no movement on 485, for 140 I haven't called USCIS, these days they are sending rfe's for no reason and hence I am keeping quiet, also for 140 there is nothing we could much, i spoke to my lawyer and he also said the same, only your old employer can talk to them, if we call uscis they won't tell you anything as we are not the employer, so keeping my fingers crossed and praying that its only a file cleanup, may be in Oct when dates are available they may send you , me and all others waiting desparately a GC, small ray of hope..god bless us all..if anything changes I'll keep you posted on my side..
    Cheers




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  • gcdreamer05
    01-21 02:17 PM
    What an irony, these guys will not let us file nor to withdraw, :mad:



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  • Dhundhun
    06-05 09:09 PM
    For H4:

    USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.

    So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.




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  • andreafejes26
    03-31 08:42 PM
    I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

    I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

    Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

    On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

    On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

    As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

    What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

    What are my options/risks; deportation for instance? Should I leave the country immediately?



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  • vin13
    03-12 01:27 PM
    We see lots of anger and frustration in this GC journey specially when a VB comes out.
    lets me ask myself and all of you these questions.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.

    If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?

    Thanks,

    Sueing is a tough road.

    Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.

    The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.




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  • GC_ASP
    05-14 12:42 PM
    You are right. It would take approximately 9-12 months before she can get her GC. A friend of mine in the same situation. He added his wife to the GC application last year when PD was current. He got his GC in August 2010, but his wife is still waiting for the GC. It all depends on 485 processing dates and FBI name check etc....but she will get EAD/AP in few months....


    Texas Processing Center shows August 11,2010 for
    Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications

    I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....



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  • ganguteli
    03-24 11:30 AM
    See
    http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD

    Everyone, please help add more content to this page to help our fellow friends who are abused by employers.

    Please also add content in
    http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER




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  • uma001
    11-05 02:02 PM
    Hey found this archive of visa bulletins, if you go through one by one, then that should answer your question.


    http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html

    (From April 2002 to Nov 2008)

    And then for still older ones,
    (1995 to 2001)

    http://dosfan.lib.uic.edu/ERC/visa_bulletin/


    Are you trying to look for a pattern to find out when it will be current again ?

    Yes, Trying to figure out the pattern,. Thanks for the archives



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  • bheemi
    04-03 10:12 AM
    I and 4 other frinds sent webfaxes...

    thanks




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  • alien2006
    08-07 03:05 PM
    Prevailing wage for EB2 as of latest information i have is $83,200
    Hope this helps.

    Okay that is so vague. Wages depend on the location of job, type of job, etc.



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  • GreenCard4US
    08-31 03:59 AM
    I am in a similar situation but I had worked for the GC processing employer for 6 years but switched jobs before I applied for 485. Can I invoke AC21?




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  • xyzqwer
    01-22 11:05 AM
    Hello,

    Here is my situation.


    - I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)

    - I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.

    - Now I cant go back to US to file my 485. My company is still offering to help me on my GC.

    I'm still reeling from the shock of my H1B denial. What are my options now?

    Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?

    Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?



    Can anyone point me to some online materials detailing CP.

    Thanks in advance.



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  • Canadian_Dream
    06-18 02:31 PM
    That's NOT right. AC-21 Yates Memo states that:
    As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.

    The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.

    Please check old thread on AC-21 discussions and the following link should be useful.
    http://www.murthy.com/news/n_yatmay.html





    To invoke, AC21 you should have filed 485 and passed 180 days.

    In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.

    Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.

    If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.

    CONTRIBUTE TO IV.




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  • jungalee43
    02-23 08:35 PM
    Now that IV core has given update on CIR, cheer up and join the conference call. At lease now the response should be better.


    _______________________________

    Contributed $360/- so far
    & also contributing $20/- per month
    thru Paypal



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  • neel_gump
    05-12 03:20 PM
    Security Checks : How and Why

    The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.

    Background on Security Checks

    All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.

    Why Security Checks are Conducted

    The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.

    We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.

    How Security Checks Work

    The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.

    IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.

    FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.

    Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.

    FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.

    Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.

    Conclusion

    The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.

    We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.




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  • meridiani.planum
    10-09 09:44 PM
    E. EMPLOYMENT PREFERENCE VISA AVAILABILITY

    The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.

    :) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!




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  • lostinbeta
    11-16 09:26 PM
    This is all in fun anyway :)




    AuntyDan
    06-21 08:32 PM
    You have mail logiclife, let me know if I can be of use to you.




    texcan
    10-19 01:48 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...

    I beleive it should be ok, as long as POE immigration does not ask for pay stubs.

    gurus, any input please.



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