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  • indianabacklog
    07-25 11:24 AM
    I didn't find what I am looking for.

    I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

    So, I am thinking to file myself.
    Posted this in another thread earlier, these are the instructions I followed from my employer.
    DOCUMENTATION FOR APPLICATION
    BASED ON EMPLOYMENT

    The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.

    1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
    I-485 Supplement A is not required unless you are illegally in the US.

    2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.

    3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.

    4. Form G-325A (Biographic Information).

    5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.

    6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
    (I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.

    7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.


    8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.

    9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.

    10. Photocopy of the marriage license of the primary applicant and spouse.

    11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).

    12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.

    13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.

    14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.

    15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.

    16. Cover sheet listing all documentation.


    NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:


    I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.



    Signature _________________
    Name of translator _______________
    Address: ______________________
    Telephone: _____________________





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  • fatjoe
    03-17 11:33 AM
    My husband recieved a transfer notice for his I-485 from TSC saying that the
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
    I will greatly appreciate any help with this.
    Thanks.





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  • gcholder
    02-21 01:03 AM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.

    Recently I got laid off and I worried on how long it would take me to find a job, Here is my situation:-

    * I have a green card
    * Severance package I received is 7 months
    * Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
    * I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
    * I have two kids, Wife is not working
    * My salary expectations - 110k+

    Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience

    Thanks





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  • xu1
    08-02 11:35 PM
    I believe MS + 2 is good enough if your company supports it and your lawyer is not too conservative in filing (both are important)... I heard the perm is more inclined to reject EB2 than EB3 though. the lawyer needs to therefore prepare a good case.



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  • vnandster
    03-17 11:35 AM
    My wife's RFE was because they saw she used FNU as her 1st name. They wanted to know if she wanted to keep the same FNU name for GC or not.
    Also they wanted proof of marriage (which I had already sent them in 2007).





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  • pappu
    07-01 11:25 PM
    You need not worry about maintaining your H1B status in order to file for 485. Your 140 is already approved so when your date arrives to file for 485 you can file for it from Canada. You can come and work again based on your 485. You may go for councellor processing for your GC and get it outside the country. Councellor processing might even be faster than waiting inside US at 485 stage for long times until one finally get actual GC in hand.

    I commend your planning and applying for Canadian PR in time as plan B.



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  • gemini23
    08-02 11:28 AM
    if you dont have experience letters from past employers, you can attached notarized affidavits from your past colleagues. that affidavit need not be on a letter head, as it is from an individual (as opposed to a company).
    Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.

    This info is from my lawyer.

    Hope this helps.





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  • optimist578
    01-19 12:31 PM
    I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.

    No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).

    The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?

    .



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  • logiclife
    07-11 11:40 AM
    There are legitimate ways to deal with such business situations. Its called "Fair buiness practices", something that many employers, especially the "Desi" ones may not have heard.

    They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.

    Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".

    No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.

    But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.





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  • smisachu
    07-23 03:35 PM
    R.William on July 3rd.



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  • axp817
    03-28 01:46 PM
    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

    Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.

    An easy way to figure this out is as follows

    1. You have to file state tax returns in the state of your residence.

    2. You have to file state tax returns in state of employment (where your employer is) IF
    the employer withheld taxes (for that state) from your paycheck. Technically, they
    shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
    returns is if they amend the W-2 and give you a new one without the tax withheld.

    3. You have to file state tax returns in the state where you perform work on your
    employer's behalf (this applies mostly to consulting scenarios where an employee is
    deployed on assignments across the country and the only time you don't have to file
    taxes in the third situation is when the work performed was for a short period of time
    (less than a certain number of months, I am not sure exactly how many, but I think it is
    9 or 10 months).


    In many cases the state of residence, employment, etc. are all the same, in some cases they are not.

    One of the exceptions is states which don't have state income tax, e.g. Texas.

    Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.

    e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.

    That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.

    OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.

    Good luck,





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  • prolegalimmi
    03-27 08:41 PM
    Prolegalimmi,

    Our team is in contact with NPR. Are you working with sunil on this?

    Thanks,
    Berkeleybee

    No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.



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  • garybanz
    10-28 09:41 AM
    Congrats ! I guess the 3 green card is a magic number as mine was 10 yrs stay and 3 GC applications as well.

    Did you receive the I-797 approval letter and at which service center was your case approved at.

    Thanks

    Nope did not getthe I-797 yet, just an e-mail from USCIS. This was at NSC

    Did you get your physical green card? Have you completed your FP?





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  • wandmaker
    02-24 12:22 AM
    Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?

    Please share your views.

    The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.



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  • GCHope2011
    11-05 08:16 AM
    Please read the editorial from today's WSJ by John Boehner. We should adjust our thinking to this reality and try to eat the elephant one bite at a time. Trying to swallow anything all at once is certainly not John Boehner's idea of legislation.

    ================================================== =====
    I grew up in a small house on a hill in Cincinnati, Ohio, with 11 brothers and sisters. My dad ran a bar, Andy's Caf�, that my grandfather Andrew Boehner opened in 1938. We didn't have much but were thankful for what we had. And we didn't think much about Washington.

    That changed when I got involved with a small business, which I eventually built into a successful enterprise. I saw firsthand how government throws obstacles in the way of job-creation and stifles our prosperity. It prompted me to get involved in my government, and eventually took me to Congress.

    Millions of Americans have had a similar experience. They look at Washington and see an arrogance of power. They see a Congress that doesn't listen, that is ruled by leaders who seem out of touch and dismissive, even disdainful, of the anger that Americans feel toward their government and the challenges they face in an economy struggling to create jobs.

    The political landscape has been permanently reshaped over the past two years. Overreaching by elected officials�in the form of pork-laden "stimulus" spending, permanent bailouts, and policies that force responsible taxpayers to subsidize irresponsible behavior�has awakened something deep in our national character. This has led to a surge of activism by citizens demanding smaller, more accountable government and a repudiation of Washington in Tuesday's elections.

    Tired of politicians who refuse to listen, Americans who previously were not involved or minimally involved in the political process are now helping to drive it. While their backgrounds are as diverse as the country itself, their message to Washington is the same: Government leaders are servants of the people; the people are not servants of their government.

    View Full Image

    David Klein


    The members of the 112th Congress must heed this message if there is to be any hope of repairing the shattered bonds of trust between the American people and their elected leaders. And that begins with the speaker of the House, who as leader of the institution must lead by example.

    Accordingly, there are several steps I believe the next speaker should be prepared to take immediately. Among them:

    � No earmarks. Earmarks have become a symbol of a broken Washington, and an entire lobbying industry has been created around them. The speaker of the House shouldn't use the power of the office to raid the federal Treasury for pork-barrel projects. To the contrary, the speaker should be an advocate for ending the current earmark process, and should adhere to a personal no-earmarks policy that stands as an example for all members of Congress to follow.

    I have maintained a no-earmarks policy throughout my time of service in Congress. I believe the House must adopt a moratorium on all earmarks as a signal of our commitment to ending business as usual in the spending process.

    � Let Americans read bills before they are brought to a vote. The speaker of the House should not allow any bill to come to a vote that has not been posted publicly online for at least three days. Members of Congress and the American people must have the opportunity to read it.

    Similarly, the speaker should insist that every bill include a clause citing where in the Constitution Congress is given the power to pass it. Bills that can't pass this test shouldn't get a vote. House Republicans' new governing agenda, "A Pledge to America," calls for the speaker to implement such reforms immediately.

    � No more "comprehensive" bills. The next speaker should put an end to so-called comprehensive bills with thousands of pages of legislative text that make it easy to hide spending projects and job-killing policies. President Obama's massive "stimulus" and health-care bills, written behind closed doors with minimal public scrutiny, were the last straw for many Americans. The American people are not well-served by "comprehensive," and they are rightly suspicious of the adjective.

    � No more bills written behind closed doors in the speaker's office. Bills should be written by legislators in committee in plain public view. Issues should be advanced one at a time, and the speaker should place an emphasis on smaller, more focused legislation that is properly scrutinized, constitutionally sound, and consistent with Americans' demand for a less-costly, less-intrusive government.

    The speaker of the House, like all members of Congress, is a servant of the American people. The individual entrusted with that high honor and responsibility should act accordingly. A speaker's mission should not be to consolidate power in the speaker's office, but rather to ensure that elected officials uphold their oath to defend the Constitution and the American people we serve. If a speaker carries out that mission successfully, the result should be legislation that better reflects the considerable challenges we face as a nation.

    The American people deserve a majority in Congress that listens to the people, focuses on their priorities and honors their demands for smaller, more accountable government. Accountability starts at the top, in the office of the speaker.

    Mr. Boehner, a congressman representing Ohio's Eighth District since 1991, is the House Republican leader.





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  • ggyro
    07-12 06:13 PM
    Forgive me if this post does not belong here (this is the first time I am posting anything in any forum)

    I have been in US as a student for four years and working as a researcher for little over a year. I learnt of all this 140 - 485 - 765 business only in the last 3 - 4 weeks after my first interaction with a lawyer who is filing for my permanent residency. The recent USICS dates "flip-flop" as many refer to is in fact disappointing. Based on my little understanding of how all this works I came down to the following two thoughts (and I am a bit skeptical of how this forum will react to what I am posting)-
    1. The sudden change of PD to current for many was a too good to be true event - and if it is too good to be true, it probably isn't. USCIS made us aware of that on 2nd July. Of course, people got excited spent a lot of time and effort to collect papers etc and USCIS did do something to upset a lot of people. Having said that, status quo for most is what it was before July 13th. albeit applying for 485 would have allowed getting work permits for dependents, and travel documents etc.
    2. In my humble opinion, asking a law suit or any amount of aggravation expressed towards USCIS is not going to be of much benefit. Instead the solution lies with SKIL BILL. Again, this is just my opinion that channeling energy to move the SKIL BILL forward is really the way to solve the problem. This bill is now in the senate judiciary committe for review and there is a good chance, just like last year, that it will remain there and die unless somebody pushes it forward.



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  • pknkak
    03-14 08:47 AM
    Just transferred via SBI gls and it went through nicely.





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  • crazyguy4u
    07-16 07:49 PM
    NO, u cannot apply, unless you want GC as principal applicant only





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  • mzdial
    March 28th, 2004, 11:28 PM
    Here was my shot from this evening's game..

    Staring off into space, Steve wonders about life, the future, and the outcome of the game.





    chanduv23
    02-14 04:39 PM
    This is awesome. I wish I went to Medical school like most of my cousins..too late now

    I wished too :), though i am happy helping Paskal in his efforts now :)





    setpit_gc
    08-13 04:15 PM
    643 people viewed this so far but only 2 responded.

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