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  • mzafar125
    05-11 12:39 PM
    Hello,

    I am trying to file by I-485 paperwork and the only roadblock is the birth certificate. I called the Pakistani embassy and they said they would issue me with a letter stating my name, DOB, father and mothers name. Can someone for the love of god let me know if this will be acceptable to the dept of homeland security ?

    This is the last hurdle I have to pass before I can file my I-485 so I would appreciate any feedback. You lot have a good weekend and thanks for all your efforts.

    Thanks!





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  • eagerr2i
    09-17 03:03 PM
    IV is not against H1B as such. Majority of IV members are presently on H1B program.

    IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.

    One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.

    I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .





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  • qualified_trash
    06-09 10:34 AM
    I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........

    The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.

    I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.

    I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."





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  • h1bemployee
    06-22 01:39 AM
    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...

    Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. "

    So what are my option now?
    Can I work now? if not Can I work after Company B files MTR?



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  • wandmaker
    03-26 01:19 AM
    My employer had mentioned a salary of 87,000$ in my labor.

    Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.





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  • ksircar
    07-30 08:39 PM
    As far as I know your son is safe as I485 has already been filed. I had a similar situation with my daughter, she became 21 only yesterday, but I filed her I485 on June 25 and according to my attorney, she should be fine.



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  • rkm
    07-17 06:52 PM
    Just made payment $100.00

    Thank you





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  • ganguteli
    04-23 01:16 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
    Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?

    I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.



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  • sukhyani
    09-04 12:05 PM
    Fellows in pain ...

    It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Card production ordered.

    I am still at awe and can't believe ... probably will never do until I get the physical card.

    For those interested:
    EB3 ROW - Dec 2004 (first application was April 2001)
    I filed 765 and 485 in June of this year


    Congratulations man!

    now here is the stream of questions :)

    Your Service Center?
    GC approved with Priority date April 2001 or Dec 2004?





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  • fromnaija
    07-21 03:45 AM
    If by Phoenix you mean Phoenix, Arizona, You are welcome! I live in Phoenix. I hope you are prepared for the HEAT!
    You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.

    I am moving July 25th,07 from New York to Phoenix.
    Which address I should to give attorney to File AOS.
    She plan to file before July 31st,07.
    But so far we didn't found Apartment in Phoenix.
    Thanks in Advance.



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  • bsbawa10
    09-06 03:50 PM
    USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.

    USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.





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  • Sachin_Stock
    09-18 10:40 AM
    I understand that the surrounding politico-activities are important, it was just the title of the thread "LIAR...." which drew my attention as if it was something related to IV/immigraition reforms of utmost concern. After reading the content it was not anywheres close to it.

    However I appreciate the information posted.



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  • bigboy007
    10-30 07:08 PM
    yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?





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  • kondur_007
    03-20 12:33 PM
    I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.

    What are my options going forth:

    (1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?

    (2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?

    (3) Re-file a new 140 petition?

    Any inputs and other suggestions are appreciated

    Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.


    Do it in timely fashion.

    good luck.



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  • godspeed
    08-20 09:50 PM
    Totally agree on the information front.
    Our stress levels will be in control if everyone of us knows their case status.

    I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.





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  • sheela
    04-16 03:48 PM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
    Thanks

    While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
    You can hope to get the refund and if not write to uscis and they are honest about these things.



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  • thomachan72
    09-19 05:03 PM
    I agree most probably you were granted the visa and I can understand why you did not ask the lady whether you were granted the visa or not. It can become very intimidating and painful when dealing with people who use such positions to harass others. They tend to put all their troubles onto the folks who have to come before them helpless. There are avenues to complain but really does that help?
    Again I very strongly feel that since the lady did not give any specific reason to deny your visas (which is often required) nor did she give any yellow/blue/green whatever papers, you/family were granted visas. So cheer up and remain very optimistic. Let us know when you recieve the visas.





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  • unitednations
    02-22 02:12 PM
    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.

    You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.

    If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.

    You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).

    There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.

    Long story short; was that it went to court and the candidate won...

    If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road





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  • Camelracer
    February 5th, 2008, 12:48 PM
    For what it's worth Im still relatively new to digital photography and have a Canon 300D which was a hand me down from my brother so far I have found it perfectly adequate for my immediate needs.

    May Contributions [Archive] - Immigration Voice

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    thescadaman
    12-16 10:43 AM
    If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.

    The last 6 months of "no-license replacement" is making me very anxious.





    Stan09
    07-16 11:37 AM
    Well, not quite.
    They cannot demand reimbursement for official filing fee, it's about $1500.
    But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal.
    And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.