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  • speddi
    09-12 04:35 PM
    Hi,
    I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.

    1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
    2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
    3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
    4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?

    Thank you.





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  • akhilmahajan
    01-14 07:25 PM
    bump.............





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  • boreal
    09-22 03:59 PM
    Hi PCS,
    I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?

    Thanks,
    pcbadgujar


    Oh God!! People can and will do anything to abuse Labor Substibution.





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  • lskreddy
    08-14 04:28 PM
    You can start Tata Motors car dealership. Once the nano starts hitting roads. there will be a huge demand for nano

    Good idea. Although, a piece of small land seems to be just about impossible to buy, a dealership will probably be in the realm of ~10 crores or higher. Neat idea though..



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  • moolchand_2002
    03-24 04:11 PM
    Hello

    My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
    -------------------

    DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
    Upon consideration, it is ordered that your I-485 be denied for the following reasons:
    On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

    On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
    Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
    Section 245(i) of INA further states, in Pertinent part that:
    (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
    (A)WHO-----
    (i) entered the United States without inspection: or
    (ii) is within one if the classed enumerated in subsection (c) of this section:
    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
    (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
    (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
    (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
    may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

    8 C.F.R Section 245.10(n) states in pertinent part that:
    (n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
    (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

    Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
    As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
    In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
    (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
    (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
    (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
    (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

    Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
    Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

    USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
    ------------------

    Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

    I am really very depressed and tensed please help.

    Thanks





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  • eb2dec2005
    08-18 11:17 AM
    hi,

    I am in the same boat too. After liivng at the same place for more than 3 yrs,I have now decided to move on to new place, closer to work and to the kids school.

    I am no longer with the employer through whom i filed the GC. Iam currently working on EAD as a permanent employee with a new company.(i haven't used AC21 either).

    I don't want to file an AR11 with USCIS for address change.

    Can somebody suggest as to what options i have regarding forwarding of mails from USCIS?

    Thanks,



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  • immique
    04-15 10:26 AM
    I had the same problem a few years back and I believe you have to enter the total AGI(adjusted gross income) from last year's joint return even if your wife did not earn any income. As far as I remember, if you filed a joint return last year, that number will be the same for you and your wife. if you still have any doubt, you can call IRS or consult a tax professional





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  • quizzer
    10-11 12:43 PM
    Vic,

    when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?

    My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.

    All the best!!!

    Thanks



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  • rustamehind
    07-17 08:25 PM
    my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers

    Do it yourself man.These lawyers are God sent.I know lot of lawyer victimes , who sent their applications a month in advance and they sent to USCIS on 2nd July and these were the folks whose date became current in June.





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  • hebbar77
    08-09 06:00 PM
    Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
    All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D

    This thread is mighty funny!!!.



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  • anu_t
    06-18 11:30 AM
    I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
    There might be a little problem if the 140 is revoked. But you can certainly try.





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  • StuckInTheMuck
    04-28 06:40 PM
    Pretty interesting ... usually you see such writeups for developed countries... I am happily amazed to see India taking such steps... Mera Bharat Mahan!
    Traditionally there used to be, and still is, a high degree of correlation between the so-called "hunger map" and the map of disease "hotspots", the idea being that most common infections originate in areas of low sanitation and poverty, and they are unlikely to be found in rich countries (malaria and cholera continue to infect, and kill, millions in India and Africa, but are non-existent in USA and most of Europe). Even the recent bird flu hotspots are confined mostly in Asia. In this sense, swine flu seems to have turned this perception on its head, at least for now, and countries like USA, CANADA, and some in Europe suddenly find themselves somewhat "untouchable" (to be fair, USA is guilty only by association, by sharing border with Mexico, the genuine swine flu hotspot).



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  • qasleuth
    06-03 04:36 PM
    If you are on H1B then your status is not AOS, IT IS H1B. When you do not extend your visa status and get onto EAD or your dependents' H4 expires without EAD, then the status becomes AOS in which case you need AP to travel.

    I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation

    U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:

    * been granted Temporary Protected Status (TPS);
    * "a pending application for adjustment of status to lawful permanent resident;"
    * a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
    * a pending asylum application; or
    * a pending application for legalization.*





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  • Nikith77
    12-17 11:13 AM
    Dude wakeup, this is a old story. please read all the post before you create a new one.



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  • sertasheep
    03-07 05:58 PM
    Immigration Voice will conduct conference calls periodically with immigration attorneys regarding issues affecting employment-based immigration.

    The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.

    Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.

    How it works:

    - Members email their questions to Immigration Voice (see procedure below)
    - Since this is a pro-bono service from the attorneys at this time, please use your judgment on questions that are time-sensitive and require immediate consultation. Due to the volume of questions as well as availability of the attorney, please permit for more than the standard response time you would expect from a paid consultation
    - During the pre-determined conference call, Immigration voice moderates the call and poses questions to the attorney
    The lawyer(s) would answer accepted questions on the phone call in real time.
    - We would allow one followup question from the person who originally submitted the question.
    - The call and advice would be free to cost to everyone. After the call, the recording would be available for members to playback. If time permits, we will also post the pdf file transcript of questions-answers for the benefit of everyone.
    - The question-answer session does not constitute any attorney-client relationship or any attorney-client privileges. The advice would be given based on information provided in the question which may not be sufficient for a complete answer.
    - Questions that are related to H1, L1, H4, visa-stamping, employment based Green card etc will take higher priority over all other questions pertaining to areas of immigration that are not related to H1 or EB greencard. This is because this organization represents legal highly-skilled employment based immigrants.
    - If your question is received after the cutoff date wherein the attorney accepts questions, such questions will be carried over to the next conference call due to paucity of time.
    - Questions would be considered on a FIFO basis(First In, First Out), and a unique ID will be assigned to each question that will be used through the lifecycle of that question(Real FIFO, not BEC type FIFO).

    How to submit your questions:

    Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

    Email with Subject Line saying : Seeking Legal Opinion.
    Email Address: legal_advise@immigrationvoice.org
    Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
    Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
    Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.

    ------------------------------------------------------------------

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.

    ------------------------------------------------------------------

    IMPORTANT DISCLAIMER:

    By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:

    The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.

    IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

    ------------------------------------------------------------------

    Recordings from Previously Held Conference calls:
    These can be accessed at Immigration Voice's Blog on Blogspot.com (http://immigrationvoice.blogspot.com/)

    Transcripts from Previously Held Conference calls:
    Transcripts of previous calls can be accessed here (http://immigrationvoice.blogspot.com/2006/12/check-out-my-public-files-on-mydatabus.html)





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  • american_dreams
    08-01 01:51 PM
    Below is the link where the new forms are posted on the USCIS website. Also note that beside each form under "Edition" colum it says: "Previous editions accepted." for I-485, I-765, I-131. So you can use either the new forms or the olf forms. But if you are applying based on Department of State’s July Visa Bulletin No. 107 you can file your application till August 17th 2007 and have to pay the old fee.

    In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.

    So do not worry about which version of the form you are using. Make sure you are including the correct fee.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    BTW, i have the old forms if anyone really needs them.



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  • newbie2020
    03-27 11:46 AM
    Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc





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  • ameryki
    02-13 06:30 AM
    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.

    I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.





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  • rajuram
    01-25 06:46 PM
    The Senate and the house may be passing the tax refund bill soon (due to slowing economy). There is lot of pressure on the government to act soon.

    Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.

    Just a suggestion................I know there is no dearth of suggestions.





    ingegarcia
    06-11 03:38 PM
    Do they assume that if you are in 7th year you can use your labor which you used for H1 7th year extension.

    what about if i140 is denied on the previous labor and one cannot use that labor any more.

    are all these bullet point are "ors" or "ands" does one has to staisfy all three conditions?

    I guess this is only for people who are nearing the 6th/7th,etc year extension and their PERM does not have more than 365 days days. In these cases the person will need to get out of the country unless I140 is approved.

    This would be my case if my PERM were to be approved before July. However my labor is audited and ATLANTA Backlog Center seems to be anything but fast these days...





    forgerator
    02-12 11:25 AM
    if your employer is ok with the arrangement , why not?



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