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  • gsmishra
    07-21 01:00 PM
    Can you please explain how is this related?
    Our I-140 has already been filed but we dont have receipt notice for that.
    We are wondering how to file I-485 without I-140 receipt notice?


    This may be useful to understand a little more about e-filing of I-140 for those of who doesn't know much because the employer/lawyer doesn't give u full information. There appears to be no e-filing for I-485. Anyway navigate thru the USCIS pages for more info.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=47f2065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD


    Instructions for Electronically Filing Form I-140

    Please note that the Premium Processing Service has been disabled within the e-Filing System for Form I-140. Please refer to the instructions for paper filing if you would like to request Premium Processing Service for Form I-140.

    Form
    I-140, E-File Immigrant Petition for Alien Worker

    If E-Filing is not the best option for you, please see the paper-based Form I-140.

    Purpose of Form
    To petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien.

    Who is Not Eligible to E-File This Form
    You are NOT eligible to E-File this form if:

    You are applying for a waiver of the filing fee.
    You are requesting that your case be expedited (does not include filing for Premium Processing)
    You are a Soviet scientist
    Who Is Eligible to E-File This Form
    Any other alien, except those listed above, may be the beneficiary of an E-Filed I-140 petition.

    Filing Fee
    $195

    Initial Evidence and Supporting Documentation Required
    See Instructions to the Paper-based Form I-140.

    If you are required to obtain a labor certification from the Department of Labor, do so prior to E-Filing Form I-140. The original Labor Certification signed by the filer and certified by the Department of Labor must be submitted with supporting documentation to the Service Center that has jurisdiction over your case. See your Confirmation Receipt Notice for the Service Center's mailing address. The required initial evidence must be received by the Service Center within seven business days of E-Filing the Form. If you do not submit the required initial evidence in the requisite time period, you will not establish a basis for eligibility, and we may deny your petition or application.

    Also see the general instructions for Submitting Supporting Documentation for an E-Filed application and/or petition. You may access those instructions from the Related Link on the right.

    Concurrent E-Filing
    E-Filed I-140 petitions can only be Concurrently E-Filed with the following applications under the following conditions:

    I-907 application: Only if the I-140 beneficiary selects Petition Type "e" - A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor degree) or a skilled worker (requiring at least two years of specialized training or experience) in Part 2. For all other petition types, the e-Filed Form I-140 is not available for premium processing.
    When E-Filing an I-907 concurrently with an I-140, the 15-day Premium Processing guarantee will not begin until the supporting documentation for the I-140 is received at the Service Center that has jurisdiction over the I-140.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.


    Supporting documentation

    Submitting Supporting Documentation

    Supporting documentation is the initial evidence that is required as proof of identification and as justification of eligibility for a benefit. These documents are required for USCIS to make a decision on your application. Examples of supporting documentation include copies of birth certificates, marriage licenses, Permanent Resident Cards, etc.

    Check the instructions for the form you are E-Filing to determine what supporting documentation, if any, is required.



    Instructions for Submitting Supporting Documentation for E-Filed Applications Only

    Review the instructions for your E-Filed form to determine what supporting documentation is required.


    Please Note: If you E-File Form I-90, you must submit all required initial evidence and supporting documentation at the time of your in-person appearance at your local ASC. Please see the Form-Specific Instructions for E-Filing I-90.

    Gather your supporting documentation for your E-Filed application.
    Originals and Copies. In almost all cases, submit a photocopy of your supporting document to the USCIS. For more information, see How Do I Know If I Need Original Documents? If form instructions state that a copy of a document may be filed with an application, and you choose to send USCIS the original, USCIS may keep that original for our records.
    Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.

    Print a copy of your Confirmation Receipt notice and attach it as a cover page (or first page) to your supporting documentation package.
    DO NOT include a copy of your E-Filed application with your supporting documentation.
    If you E-Filed several applications concurrently (see E-Filing Forms Concurrently), you will have a Confirmation Receipt notice for each application submitted.
    Include the Confirmation Receipt notice(s) as the first page of the supporting documentation for each application.
    DO NOT include any paper-based applications or fees with your supporting documentation for the E-Filed application.
    NOTE: All Attorneys and Organizational Representatives E-Filing an application or petition on behalf of a client, MUST perform the following steps:

    Generate a copy of the G-28 (it will be generated as part of the PDF file application after you click the �Finish� button).
    Confirm that the Applicant/Beneficiary/Petitioner name and address information does appear on the G-28.
    If the Applicant/Beneficiary/Petitioner name and address information does NOT appear on the G-28, print out the G-28 (it will printout with the PDF file application).
    Make a copy of the G-28 for each application electronically submitted.
    Fill in the Applicant/Beneficiary/Petitioner name and address information by hand.
    Sign each G-28.
    Submit the completed and signed G-28s to the address on the Confirmation Receipt notice with the required supporting documentation.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Keep a copy of your Confirmation Receipt notice(s) and application(s) for your records, noting what supporting documentation you mailed and the date you mailed it. You may wish to make a copy of the entire package before mailing it.


    Place all supporting documentation into one package and mail it to the address provided on the Confirmation Receipt notice. If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Failure to follow these guidelines may result in processing delays or even denial of your application.




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  • factoryman
    02-12 11:29 AM
    Simple and yet we have not acted purposefully. I have a strong feeling that this visa grab is still going on. HLG has sent out another immigration alert to all registered emails, similar to one posted on Feb 9, 2007. . And I quote a bit

    FEBRUARY 12, 2007
    ADVOCACY ALERT:
    RETROGRESSION: WE'RE GETTING CLOSE
    .......

    Stopping this 'unused visa grab' for only one section of retrogressed and demanding it for all retrogressed is a sure WIN for us, if it happens; if it is stopped, it will make a tectonic shift the focus to the whole gamut of issues of retrogression, backlogs etc and will put more pressure on Congress to act.

    I have seen and read all the posts in this thread started by me. I appreciate all points and posts, particularly by core team.

    The least we can do is write and fax to Congress and demand. The IV team should set up a fax, so that each of us here can protest these moves by Congress without considering other severely backlogged applications. For this I propose a simple message.
    Sir/Madam:
    We are severely affected by retrogression and lack of visa numbers. Many of us, high skilled workers are waiting since 2001 for our Priority Date to become current.
    We understand, as openly trumpeted by Hammond Law Group (reference: a post by HLG on Friday, February 09, 2007 at http://hammondlawgroup.blogspot.com/ and an email sent out by HLG on Monday, February 12, 2007) that the 110th Congress is considering allocating 90,000 unused visas from EB3 category EXCLUSIVELY for Sch. A workers. They had been given relief of 50,000 unused visas once in 2005.
    We protest such a biased action. We had tried to reach many members of the house and senate and presented the above issue to them. Still our issues have not been resolved. We demand relief at equal footing. Do not appropriate all unused visas to one single category of affected workers.

    Next one/two days are crucial. Let's make a difference.

    Note:
    1) In the above, I am trying to be focused, addressing one issue at a time. Backlogs, Slowness, Finger Prints are also other genuine issues. Let us stop the greedy stealing by HLG and their ilk.
    2) If for whatever reason IV will not come up with a web fax, a few of us must act individually and let the congressmen and senators know of our protest. I had faxed to a few Congressmen and Senators, from the fax machine at my workplace. Believe me, these types of protests have worked in the past.




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  • Jaime
    09-10 04:25 PM
    Guys, I just changed another mind, how many have you changed today??? We can do this!!! Let's GO!!!!!




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  • saikatmandal
    11-15 11:36 AM
    Just saw the post on the Christmas Tree campaign: http://immigrationvoice.org/forum/showthread.php?t=15451

    I think this is a great idea.

    This is the holiday season and what better way to touch the chord of the Senators and House members but send one Christmas tree to each one of them. I am sure this would be a very emotional (in a positive way) appeal from IV for our cause.

    Please post your thoughts.

    I am for it.



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  • walking_dude
    05-01 01:11 PM
    Just like IRS will be mailing checks to provide stimulus to the economy, IV bills need the stimulus of your checks to move forward.Now that Stimulus checks are in the mail, it's time for the community to loosen the purse strings and contribute to something that will benefit you immensely.

    Let's not let this historic opportunity go waste over a sum of $50 or $100, something many of us spent just to get to the nearest available USCIS recognized doctor for our AOS medical tests. If these bills pass the savings are much greater - EAD/AP/DL renewal fees, FP fees, AC21 fees (whenever you change the job) etc. Now that the new Medical form has been posted - with additional TB testing - old tests may be considered invalid after a period of time ( I'm not saying they'll be, but knowing USCIS anything's possible). Not to mention job opportunities lost due to a missing plastic card - every one of us, EAD users, has at least one experience, where we couldn't apply or were denied opportunities for not having GC.

    Considering the cost vs. benefits ratio, and the low risks unvolved (you aren't investing whole of your 401(k) here), let's not act 'pennywise and pound foolish'. Lets not fall victim to self-defeatist pessimism and thriftiness. If ,God forbid, the bills don't pass you are losing just 50 bucks, 100 bucks... something you'd have lost when the mail-in rebate check got lost in mail (or not got posted at all!). It's not like any of us will be losing our retirement savings or all our stocks. I'm sure no one will foreclose their homes because of it :-)

    We raised more than 30K when there was no bill (Omnibus), now that there is a bill under discussion, I can't see any reason why we are taking so long to cross a modest 10K?!




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  • go_guy123
    08-21 05:24 PM
    I guess it depends... I would prefer to slog with weather in Canada for 3 years and get citizenship instead of stuggling for 4-5 years with desi consultanting company to get GC. My sixth year is about to start in december 2009 and employer has told that they will not sponsor GC. I am planning to take citizen ship from Canada and then move back to India. That way, anytime I want to come back to US/Canada doors will be open. I guess, there is no right or wrong answer, its a matter of choice.

    Plus you children will also have option of deriving Candian citizenship from you but but...
    they will also be in EB2/3-India. Just a thought



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  • amitjoey
    05-23 09:52 AM
    The total pledged is $4550. The actual total is probably little more than that, Because some people have donated but have not written on this thread.




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  • gauravster
    02-25 10:11 AM
    No immigrant Visa is available until the thing is current. From my understanding, Adavnce Parole is not a visa. Quoting from the net.

    "Advance Parole is permission for certain foreign nationals, who do not have a valid immigrant visa, to reenter the U.S. after traveling abroad"



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  • seebi
    06-17 02:35 PM
    My current H1B was sponosred through an educational institution and was hence cap exempt. Will I be able to transfer my current H1B if I decide to move to a private company?

    Thanks!

    When I spoke to my Lawyer about the same issue he said that if the H1B visa was never counted against the quota, you can not unless the visa numbers are available in the fiscal year. He also mentioned that the move into for profit company would be considered as a new visa and should counted against the quota.




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  • wkhalifa
    06-17 09:54 PM
    can any one help me i left my company and i joined another company (h1b transfer rec date was 3/13/07 and still pending is this normal ? if my previous company revoke my visa after the new copmany filed for the transfer will this be a reason for ins to deny my h1b transfer? please help

    willy



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  • indyanguy
    06-25 05:12 PM
    hi mirage,
    you dont need to pay anymore money for EAD when you apply in future. this is what my attorney said. Thats why USCIS fees is very high and its one time fess for EAD and AP.

    Actually you are partly right. Only those who had paid the revised higher fee last year are eligible to get renewals for free. All those who had paid the regular fee (July filers) pay for renewal everytime




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  • MLS
    09-25 02:06 PM
    Hi Nat,
    Fragomen took about 6 months in getting "prevailing wage info" for my case in 2001. My manager ( Canadian who had gone through US GC process himself) finally talked to them and asked them to file without waiting for DOL's reply on prevailing wage. (That was a risk but we agreed to take it at that point)

    That six months delay costed me 6 years in GC processing ! But thanks to my manager , otherwise I dont know how many more years I would have waited.(One of my co-worker still awaits his labor cert !)

    The big law firm goes by predefined steps , which are probably the safest way for most cases but may not be the fastest way. You need somebody who has been through this process and can understand and asks good questions to lawyers and can help lawyers to think for your perticular case. Check if you have somebody in your org to do that.

    All the best.



    My company started the PERM process for me about 2.5 months ago. I contacted Fragomen about 1.5 months after approvals within the company and they said they are working on establishing min requirements for the position. I then contacted them 3 weeks after that day and they said they have established the requirement and will request the DOL for prevailing wage info (this was 2 weeks ago). After which they are going to start the recruitment process. So I'm not sure if the time line is okay or should I be chasing them more frequently? Please advise.

    Regards
    Nat



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  • indio0617
    10-20 08:09 AM
    Hi.

    My friend's wife is in a tricky situation. She has an approved EAD through her husband's I-485 petition.

    She was working with company A on her own H-1 and decided to quit employer A and join new company B on EAD. At the very last minute company B has rescinded her job offer. She now cannot return to former employer A as well.

    Is she in any status violation if she justs sits at home with an EAD but no job for a few weeks ?

    Can anyone share their views ?

    Thank You.




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  • anilsal
    11-26 06:33 PM
    http://www.jackson-hertogs.com/quota/eb-ind.htm

    This link tracks visa bulletin date movement for applicants from India only.

    Many folks would have filed 485 on time.



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  • akred
    03-14 12:03 AM
    Suppose I initially worked as an Engineer, and got labor and I-140 approved. Now, say I totally change my field to become a Business Development Manager, can I still port the older PD from the previous I-140 (assuming that a new labor and 140 will need to be filed for the new job) or does the job have to be same or similar for me to port the older PD?

    Any inputs? Thanks!

    Of course. In fact this type of career change is required if you want to port a PD (EB3->EB2) while using experience gained with the same employer to qualify for the job.




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  • cooldude0807
    06-24 01:06 PM
    just called!!!



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  • boreal
    07-17 07:56 PM
    Hi all, this is the new ID of bigtime007. As many has noticed, I was banned for the following reason:


    You have been banned for the following reason:
    Disruptive posts

    Date the ban will be lifted: Never


    After thinking about it, I feel very very sorry for disrupting the cheerful atmosphere on this forum. It is time for champagne, not complaints. This should be a place to congratulate and applaud IV's achievements, instead of that to express one's own frustrations. People with 07 PD has the privilege to cheer when they cut in front of us, but we should not feel sad for being pushed back because it is a disruptive behavior.

    Please do not list what you have done to add items in the legislation to help BEC victims, it does not look genuine any more when it is considered disruptive to express one's depression on a board specially for BEC victims.

    This will be my last post, as I am sure they will ban both my ID and IP. For everyone who still reads my post, Good luck!


    Please understand that your older PD is much more important because u would get ur gc that much earlier compared to 2005-07 people. Just because ppl are able to file 485 does not mean that they are going to take a number out of the quota for that year. The numbers are only taken during approval and hence they would all still be stuck in the same queue and you would have gotten an oppurtunity to file and possible get your GC too...take a deep breath, relax and think about this with a cool mind. I definitely do feel bad for you. My labor was stuck in BEC too and i left my company and joined a new one and restarted all over again. Been on H1 for seven years without ever getting any chance to file 485 until now...




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  • spicy_guy
    05-17 06:03 PM
    Done.

    I think its a good idea to post this link to some other active immigration forums so we can grab some more interested interested prospective immigrants.




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  • walking_dude
    05-01 01:11 PM
    Just like IRS will be mailing checks to provide stimulus to the economy, IV bills need the stimulus of your checks to move forward.Now that Stimulus checks are in the mail, it's time for the community to loosen the purse strings and contribute to something that will benefit you immensely.

    Let's not let this historic opportunity go waste over a sum of $50 or $100, something many of us spent just to get to the nearest available USCIS recognized doctor for our AOS medical tests. If these bills pass the savings are much greater - EAD/AP/DL renewal fees, FP fees, AC21 fees (whenever you change the job) etc. Now that the new Medical form has been posted - with additional TB testing - old tests may be considered invalid after a period of time ( I'm not saying they'll be, but knowing USCIS anything's possible). Not to mention job opportunities lost due to a missing plastic card - every one of us, EAD users, has at least one experience, where we couldn't apply or were denied opportunities for not having GC.

    Considering the cost vs. benefits ratio, and the low risks unvolved (you aren't investing whole of your 401(k) here), let's not act 'pennywise and pound foolish'. Lets not fall victim to self-defeatist pessimism and thriftiness. If ,God forbid, the bills don't pass you are losing just 50 bucks, 100 bucks... something you'd have lost when the mail-in rebate check got lost in mail (or not got posted at all!). It's not like any of us will be losing our retirement savings or all our stocks. I'm sure no one will foreclose their homes because of it :-)

    We raised more than 30K when there was no bill (Omnibus), now that there is a bill under discussion, I can't see any reason why we are taking so long to cross a modest 10K?!




    vbkris77
    03-05 06:22 AM
    Lets pay them to get info. It is a drop in a bucket to what we are spending. If they provide obvious wrong info, we can sue them to get our money back and it will have enough press coverage then. They have a right to ask money for FOIA if it requires further searching. It is part of the Law. So they are right in asking for money.

    I can pledge 50$ for this cause.




    I_need_GC
    07-01 08:24 AM
    Ok, As promised I am giving you an update I contacted my attorneys office yesterday the most senior attorney was out so I spoke to her assistant and according to him, If USCIS made a mistake then its their mistake not mine once the GC card comes enjoy it and if they realized they made a mistake 3 years from now or 5 years from now well by that time my PD would probably be current so whats the difference. He did recommend I wait longer than 5 years to apply for citizenship buts thats a long way ahead. It just might be my 4th of July gift. :) I will keep you all updated on any changes.



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