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  • telekinesis
    10-20 07:52 AM
    Get the educational version! Much cheaper and is fully functional!





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  • patelkirti
    04-19 11:56 PM
    Thanks,

    About paper and email trails, i think i got each and every one of them! I'm very well covered there..

    Will keep you guyz posted!





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  • glus
    02-19 01:54 PM
    Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???

    Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.

    I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3

    hi,
    Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
    Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.





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  • kramesh_babu
    08-20 03:58 PM
    once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.

    I fully agree.



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  • bang
    01-09 06:41 AM
    Because this is the case where it is not clear if the H-1B was applied for before or after oct 2006 and if the H-4 was in H-1 status ever before.
    We had applied in July 2006, last few days before the Quota got closed, she completed her Masters in July as well. For some reason it took all this while to get an approval even when converted to Premium in October, they sent a RFE for my H1 & paystubs later took for ever to acknowledge th erecieval and then fianlly approval, as i mentioned we are still waiting to see the approval document to make sure there is a I94 attached.





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  • optimist578
    03-18 12:34 PM
    Info from http://www.govtrack.us/congress/bill.xpd?bill=h110-572

    ----Quoted from website -----------------

    H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
    Status: Introduced
    This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.

    Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
    Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.


    Bill Sponsorship & Cosponsorship Statistics:

    Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
    ================================================== ====

    How encouraging is that?

    Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
    ---------------------------------------------------------------------
    Still fighting on... $50 p.m. + Lobbying with local Representatives...



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  • ita
    05-16 10:17 AM
    Called all of them

    Some of them said they would pass on the message (but I noticed they didn't make a note of the bills ..I was wondering if they know these bills on the top of their head). some of them said they have received lot of calls from IV.


    The person I spoke with(David) when I asked for Ruben Hinojosa said that Ruben Hinojosa is pro-immigration . He said he(David) spoke with the Congressman about these issues and said Rep. is aware of skilled immigration problems.He said that though Zoe Lofgren sub committe is sponsoring the bills Ruben is working with his colleagues in favour of the bills.
    Said Democrtas are trying to get a Democrat into '' (I don't remember where now, may be White House) so a broader immigration law can be passed.
    He said after August recess some of the immigration bills would be passed.

    Thank you.





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  • boreal
    08-29 01:54 PM
    I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
    Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
    On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
    Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.

    My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)



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  • joydiptac
    05-26 01:50 PM
    This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

    Thanks Saikat, for pointing out some potential pitfalls.
    I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.

    One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)

    Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :

    1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.

    2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
    Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.

    HTH





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  • simple1
    06-18 06:40 PM
    Guys,
    you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?

    1. Address legal immigration first
    2. Illegals will have to stand behind the ones who came in this country legally.


    Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,

    We all need to have faith and work towards making IV and its goal attainable.

    I hope the same.

    I agree. It is in best interest of all EB immigrants to stick together. That's all I wanted to say.

    Thanks.



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  • joydiptac
    06-21 01:48 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.





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  • n_2006
    02-10 12:21 AM
    Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

    So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

    Did you work during this period?



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  • stueym
    07-08 04:21 PM
    Wonderful support. Thank you. So far we have over 850 viewings and have been rated 76 times and 23 comments. That has managed to push us to #6 in the News and Politics stories of the day. This morning we overtook a Ron Paul story. If you have not had a chance to check the video out, please rate it by clicking on the stars or leave a comment as that will push our position even further.

    Thank you once again. My son is beginning to get quite optimistic that CNN might just pick this one :-)





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  • peekay
    06-29 03:03 PM
    Hi,
    I dont have a direct answer to your question but I do know that insurance has to be taken within the 30 days of your wife's arrival in US. I had the same situation where I applied for insurance on 32nd day and got a reply from the insurance company that I have to apply within 30 days. I finally was able to convince them and take the insurance. Try your luck by talking to some insurance company like BCBS or Humana. They should be able to provide more info. I cant be of more help than this.

    Peekay



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  • sam2006
    08-03 12:27 PM
    we just have to live it :)
    or we can work towards making the Sep 13 Rally success





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  • logiclife
    06-25 06:36 PM
    Hi all,
    My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
    Is it true that it is not a ground for denial?
    Is is possible to send it it separately to complete the file?
    What would be your advice?
    Thanks is advance.

    The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.

    Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.

    Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    Thanks.



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  • tinamatthew
    07-21 12:05 AM
    OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?


    If this is a real scenario, then if I was him/her I would only give the last 3 paystubs, W2s, tax returns. If the USCIS can't guess that I have no paystubs for 185 days then I will not hand it to them on a platter. I would however answer EVERY question TRUTHFULLY on all forms completed





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  • kisana
    04-10 12:13 PM
    Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
    Als one more thing "Which USCIS Office?" section which date I need to put there.





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  • SAMK
    02-01 01:47 PM
    Specifically how long were you in US before you started your CPT and in what capacity and where were you working ?





    americandesi
    08-11 03:44 PM
    I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let’s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?





    karthikgk
    10-19 07:13 PM
    Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".

    I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.

    I will update once i get more clarification.

    Hello,

    Looks like probably me and my wife will end up in a situation with an expired EAD - we did receive a receipt of our renewal application.

    What did you guys do? Did you continue working after the EAD expired? Or take a temporary break? Or did u luck out and got ur EAD just in time?

    Any help/suggestion/advise is much appreciated - as you may imagine, I am worried sick



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