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The Alchemist
04-19-2015, 09:30 PM
As we have shared throughout last year in newsletters sent on Jul 15 (http://www.getresponse.com/archive/ivnewsletter/68511905.html), Nov 19 (http://www.getresponse.com/archive/ivnewsletter/113789105.html) and again on Nov 20 (http://www.getresponse.com/archive/ivnewsletter/114441105.html), Immigration Voice has been advocating for specific administrative fixes while we all wait for Congress to pass a Comprehensive Immigration Reform bill.

On November 21, 2014 President Obama announced Executive Action on Immigration which included several of the fixes that we have been advocating for many years. These fixes will alleviate the problems faced by skilled immigrants and their families waiting in green card backlogs enabling them to live free and not be bound to the same employer. We believe that these fixes will not only curb exploitation of immigrants but will also prevent discrimination against U.S. workers in the marketplace. Such fixes will promote innovation and competitiveness by unleashing the full potential of immigrants for the benefit of all society, rather than forfeiting much of the potential economic gain for society so that handful of specific or selected existing employers can harness some lesser percentage of the benefit for themselves.

While things are being worked upon, we want to ensure that you are equipped to take benefit of these fixes on a short notice. We think it is in your best interest to make this a priority and be prepared if/when an opportunity is presented. We have put together a summary document (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586198) that will help to get ready for one of the most important fixes - filing of Adjustment of Status (I-485).


Please review this summary document (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586198) thoroughly
Consider getting all the supporting documents ready to avoid any delays
Please note that this summary document is only for your reference and should not be treated as legal advice. Contact your attorney for further questions


Additionally, due to the persistent efforts of our members to advocate their Representatives in the U.S. Congress, we are delighted to share that the list of co-sponsors for the bill H.R. 213 (https://www.congress.gov/bill/114th-congress/house-bill/213/cosponsors) has grown. While administrative fixes are welcome, the long term relief to eliminate the green card backlog requires a coordinated effort from all of us invested in resolving this issue. We strongly believe that H.R. 213 is the only immigration bill that has the potential to pass in 114th Congress. We therefore request you to:


Visit congress.gov (https://www.congress.gov/bill/114th-congress/house-bill/213) or perhaps make this link the home page (https://www.congress.gov/bill/114th-congress/house-bill/213) on your internet browsers. It will help you stay up to date on any action around this common-sense bill.
Please review this guidebook on how to meet your lawmakers (http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.pdf)
Using the above guide (http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.pdf), contact the local office of your Representative in the U.S. Congress to arrange one on one meeting to seek co-sponsorship and support for H.R. 213


Thank You

The Alchemist
04-19-2015, 09:31 PM
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By reviewing or reading the following document, you agree that you have read and understand the following disclaimer:
The information provided in this document 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. You should not rely solely upon information provided in this document. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided was pertinent at the time of publication, but may become outdated. We are not responsible in any way for any outdated materials.

IN NO EVENT SHALL IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS DOCUMENT OR ANY INFORMATION IN THIS DOCUMENT, OR ANY OTHER WEBSITE WHERE THIS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Filing Adjustment Of Status (AOS)

Filing AOS is an exhaustive process. Preparation is the key to success. Therefore, it is wise to invest your time to prepare all the documents for yourself and each of your family member filing AOS.


General Instructions:

You are eligible to file for AOS if your priority date is current and you have an approved I-140 or you are planning on filing I-140 & I-485 concurrently
A separate AOS (I-485) form must be completed for EACH applicant
A separate I-765 (Work Authorization Card i.e. EAD) and I-131 (Advance Parole) could be applied for each applicant when filing AOS

Forms typically required:
All forms are available on the USCIS website (http://www.uscis.gov/forms?topic_id=1131&search_q=). Please note that any applicant over 14 years of age must sign his/ her own forms. Please carefully read the instructions provided with each of the forms on USCIS website. In most cases, following forms are filed:

I-485: Application to Register Permanent Residence or Adjust Status.
G-325A: Biographic Information
I-765: Application for Employment Authorization (EAD)
I-131: Application for Travel Document (AP)
I-693: Report of Medical Examination and Vaccination Record
I-864: Affidavit of Support, required if filing for dependents

Filing Fees:
Link to Current Fees on USCIS (http://www.uscis.gov/forms?topic_id=1131&search_q=)

USCIS accepts personal checks, but NO credit cards
All checks to be made payable to “Department of Homeland Security”
A separate check must be submitted for each applicant.

Copy of Form I-94 (Arrival/ Departure Record):
Provide a copy of most recent Form I-94 (Arrival/Departure Record) of each applicant. This used to be a little rectangular white card usually stapled to your passport. DHS has since switched to electronic I-94, which can be obtained from https://i94.cbp.dhs.gov/. If you still have a paper I-94, please give only a COPY to the USCIS when submitting AOS application. When inside the U.S., ALWAYS retain the original I-94 with you.
Proof of Continuous Lawful Presence in the US:
Provide a copy of evidence that each applicant has not overstayed during the entire period of any U.S. stay, including copies of:

Approval notices (I-797) indicating approval of H-1/H-4/J-1/other visa status
Form I-20 (if applicants were ever in F-1/F-2 status)
Employment Authorization Document (EAD) if applicant ever received one, etc.

Passport Pages:
Legible COLOR COPY of every page (including blank pages) of each applicant’s entire passport and including front and back covers must be provided. Passport must be current and not expired. If passport is close to expiring, you may want to renew keeping in mind that the renewal process must take some time. Additionally, you may also need legible color copies of all pages of all expired/ old passports ever issued in any applicant’s name.
Birth Certificate:
Copies of Birth Certificate (showing the applicant's full name along with the full names of both parents) issued by civic authorities like municipality or magistrate (Example: List of Municipal Corporations in India (http://en.wikipedia.org/wiki/List_of_municipal_corporations_in_India)) for each applicant are required.

If Birth Certificates are not available, Certificate of Non-Availability and two Affidavits of Birth for each applicant MUST be provided. A Certificate of Non- Availability is a statement from the municipality/magistrate of your birth city indicating that a birth certificate is not available. In addition to the Certificate of Non-Availability you need to provide two (2) Affidavits of Birth. The two affidavits may be provided by someone older than you, preferably parents, aunt, uncle, grandparents, etc., who have known you since your birth and can vouch for your date of birth. See SAMPLE (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586200).
If the Birth Certificate is not in English, the applicant must submit a certified (no need for notarization) translation of the document by a translator that is not linked to the AOS application. Tip: The translator can also be someone known to you who is fluent in both languages. Refer to USCIS (http://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing) for a suggested certification format. See SAMPLE (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586203)
If your Birth Certificate is incorrect or does not match your passport, a self-notarized affidavit with the correct information is required from any of the parents (preferably mother) or another older relative such as grandparents, etc.
An Affidavit is a statement under oath and need NOT be notarized provided the Affidavit contains the following signed self-attestation clause:

"I hereby declare under penalty of perjury pursuant to the laws of the United States of America (28 U.S.C. § 1746) that the foregoing is true and correct."


Marital Status:
A copy of ALL the appropriate family relationship evidence for each applicant (most importantly marriage certificate issued by the registrar of marriages where the marriage took place) should be provided. Include evidence of the appropriate family relationship (including copies of marriage certificates, divorce decrees, death certificates) if any applicant was previously married.
PLEASE NOTE: you must provide a complete set for each applicant of the appropriate family evidence to be included with the application of each family member. Please give only a COPY for the USCIS, keep the originals with yourself.
A Marriage certificate should be in English. If your Marriage Certificate is in a different language, please submit a certified translation of the document by a translator that is not linked to the AOS application.
Evidence of CURRENT Financial Support:
Minimum evidence to be provided may include:

Job Letter on Company Letterhead showing intent to hire. See SAMPLE (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586204)
Pay statements for two months immediately preceding filing of AOS of the primary applicant
Current and previous year's W-2 or 1099 forms of the primary applicant
If you are married and also filing for derivatives, an Affidavit of Support (USCIS Form I-864 (http://www.uscis.gov/i-864)) must be provided by the primary applicant. Follow the USCIS instructions (http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf)

Photographs:
For detailed photograph requirements, refer page 3 of USCIS I-485 Instructions document (http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf)
Medical Examination Related to Form I-693: Review the next post for details on Medical Examinations (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586199)

The Alchemist
04-19-2015, 09:31 PM
Continued from previous post (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586198)
11. Medical Examination Related to Form I-693:
Please go to USCIS website for detailed instructions for I-693 (http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf). Medical examination is conducted via the USCIS approved physician who provides the medical report along with Form I-693 (http://www.uscis.gov/i-693) in a sealed envelope for each applicant. List of approved civil surgeons in your area can be found at https://my.uscis.gov/findadoctor. Always call multiple clinics/Civil Surgeon offices and inquire about the associated fees ahead of time as the charges can significantly vary from Civil Surgeon to Civil Surgeon.

Tip: Almost everyone received immunizations during their childhood and should have a record that can be presented to the Civil Surgeon to potentially avoid repetitions of vaccinations and delay in the receipt of the completed report (not to mention incurring additional expense). This is especially true of the MMR (Measles Mumps and Rubella) vaccine which requires both an initial shot and a booster over a period of time to become effective. If you don’t have the immunizations record, you can ask your primary physician in your country of birth to provide a certified letter showing that the following immunizations were received as per the following schedule:

OPV: at birth, at 6 weeks, at 10 weeks, at 15 weeks
DTP: at 6 weeks, at 10 weeks, at 15 weeks
Tdap: at 8 weeks
MMR: at 9 months, at 15 months
Varicella: ask your parents if you had Chicken Pox as a child
You could take this certified letter to your local (U.S.) family physician and have him/her transfer this information on to your U.S. medical record files. Ask for a copy of the updated immunization schedule record from your family physician and provide it to the Civil Surgeon along with the certified letter. Additionally, a titer can also be conducted by your local (U.S.) family physician. A titer is a simple blood test that checks your immune status to the diseases or of vaccinations you may have received in the past. The results of this test can be used as additional proof of immunity, along with other documents and may be helpful in convincing the Civil Surgeon.

Please note that not all Civil Surgeons are willing to accept this proof and may still require you to take the vaccinations. Getting vaccinated at your local (U.S.) family physician is generally the cheapest option as it may be covered by your insurance.

Update: The vaccination schedule has changed over the years - in the 70s the vaccines mandated to be given at the time of birth and later were less in number compared to 80s/90s or nowadays. If you do some research you will find the history of vaccinations mandated in your country at the time of your birth. In most cases only the ones listed in this post will be required and others might be deemed "not medically appropriate" by the Civil Surgeon. You may ask your local PCP for advice before visiting the Civil Surgeon.

The final determination on immunizations is made by the Civil Surgeon based on multiple factors like your current health, date & country of birth.

If the Civil Surgeon determines that certain additional vaccinations are needed, you may get them either at the Civil Surgeon's clinic or wherever it might be cheaper. More details on vaccinations are available on page 7 on the instructions for I-693 (http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf)

The Alchemist
04-19-2015, 09:32 PM
Below is a sample template for Affidavit of Birth referenced in the summary document (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586198) that might come handy while preparing the supporting documents needed for filing of Adjustment of Status.
__________________________________________________ ____________________
AFFIDAVIT OF BIRTH

I, Full Name of person signing this Affidavit, do hereby solemnly state and affirm as follows:


I am over twenty-one (21) years of age and otherwise competent to execute the instant affidavit.
I was born on MMM DD, YYYY, at Name of City, Name of Country.
I have known Your Full Name since the day she/he was born, because I am her/his provide relationship/father/mother
I personally know that Your Full Name was born on MMM DD, YYYY, at Name of City, Name of Country because I was present at the time of birth / delivered her/him.

The full names of Your First Name’s parents are:
Father : Provide Full Name
Mother : Provide Full Name

My current address is:
Provide Mailing Address
Of person signing
This Affidavit


Date: MMM DD, YYYY
_______Signature_____
Full Name of person signing this Affidavit


I hereby declare under penalty of perjury pursuant to the laws of the United States of America (28 U.S.C. § 1746) that the foregoing is true and correct.

Executed on MMM DD, YYYY at Name of City, Name of Country.

_______Signature_____
Full Name of person signing this Affidavit

The Alchemist
04-19-2015, 10:14 PM
Below is a sample template for Translator Certificate referenced in the summary document (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586198) that might come handy while preparing the supporting documents needed for filing of Adjustment of Status.
__________________________________________________ ______________
Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________
Date Typed Name
Address

The Alchemist
04-19-2015, 10:14 PM
Below is a sample template for Employment Letter referenced in the summary document (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586198) that might come handy while preparing the supporting documents needed for filing of Adjustment of Status.
__________________________________________________ _____________

To be printed on Company Letterhead

Date: MM/DD/YYYY


U.S. Department of Homeland Security
USCIS

Re: Permanent Residence of First Name LAST NAME

Dear Sir or Madam:

This letter is to confirm that, Your Full Name will be employed with us on full time, permanent basis upon receiving approval of his/her permanent residence application. He/She will receive an annual salary of no less than XX,XXX /Year. His/Her job title will be Your Job Title and he/she will be performing the following duties:

Provide the exact same job description used in the PERM/labor certification process.


This letter serves as an expression of intent and is not intended to abrogate the at-will nature of employment and is not to be construed as a binding contract.

Please feel free to contact us if your office should require any further information.

Sincerely,

Company Name


By_________________________
Name of Authorized Signatory
Title of the person
Phone # office
Fax #
Email Address

The Alchemist
04-19-2015, 10:15 PM
Please see instructions for form I-693 - Instructions for I-693 (http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf). And please schedule appointment with USCIS approved civil surgeons only after your date is current and ready to file AOS.

The Alchemist
04-20-2015, 07:29 AM
Please post all questions and clarification requests about How to file Adjustment Of Status on this thread.

For the purpose of relevance of this thread and discussion, couple of reminders:
This thread is only for clarifications and questions on How to file Adjustment Of Status
We will do our best to provide answers and clarifications, however before posting a question, please read this thread and search if the questions is already posted and answered.
Hope this thread will help everyone get ready for filing of Adjustment of Status (I-485).
Thank You!

anandgupta
04-20-2015, 08:28 AM
Hi,

I have changed my job after getting an approved I-140. My new employer has filed an labor certification and that process is still in progress.

Would I be able to my file my AOS from new employer using old I-140 (approved) when this becomes available?

Thanks,
Anand

Administrator2
04-20-2015, 08:42 AM
Hi,

I have changed my job after getting an approved I-140. My new employer has filed an labor certification and that process is still in progress.

Would I be able to my file my AOS from new employer using old I-140 (approved) when this becomes available?

Thanks,
Anand

Under the current system, you cannot use approved I-140 from previous employer to file AOS. But you could file AOS from your old employer. All you need from your old employer is the letter from employer (please look for the letter format above).

sandycec
04-20-2015, 09:28 AM
New member here so I apologize if this information has already been discussed before. Being a south indian, I am one of those with no fixed last names. So mine and wife's birth certificates have our first name and the initials. Our marriage certificate does have our full names listed, and of course, our passports etc. Would this be any potential issue and how we can prepare ourselves with any supporting documents etc. Thanks!

anandgupta
04-20-2015, 09:42 AM
Under the current system, you cannot use approved I-140 from previous employer to file AOS. But you could file AOS from your old employer. All you need from your old employer is the letter from employer (please look for the letter format above).

Thanks for the quick reply.

It would be nice if in the new proposed system, we eliminate this clause as we are trying to make the system more effective. People should be allowed to file for AOS based on approved I-140 only in the new system.

Administrator2
04-20-2015, 09:49 AM
Thanks for the quick reply.

It would be nice if in the new proposed system, we eliminate this clause as we are trying to make the system more effective. People should be allowed to file for AOS based on approved I-140 only in the new system.

The system after the Admin fixes will allow EAD after I-140 and will allow filing Adjustment of Status when the priority date is not current on VB. So one would be able to change job after I-140 and employer's withdrawal of I-140 will not mean much. And one will be able to file AOS from different employer.

But for now, the current system requires filing AOS with the same employer. We suggest you prepare your situation based on this fact.

gap123
04-20-2015, 09:51 AM
Please post all questions and clarification requests about How to file Adjustment Of Status on this thread.

For the purpose of relevance of this thread and discussion, couple of reminders:
This thread is only for clarifications and questions on How to file Adjustment Of Status
We will do our best to provide answers and clarifications, however before posting a question, please read this thread and search if the questions is already posted and answered.
Hope this thread will help everyone get ready for filing of Adjustment of Status (I-485).
Thank You!

Thank you IV for all the efforts and the detailed checklist for filing AOS. You the only hope for all the high skilled immigrants.
I have a question regarding filing of AOS for my spouse. My current status is I-140 approved in EB2 category (PD July 2011). My spouse’s current status is AOS using EAD, filed in EB3 category (PD June 2007). Since she has a pending I-485 and has EAD can I file AOS again along with my application? The reason I want to re-file instead of keeping her current AOS and EAD is that, if my spouse can get an EAD through me it will give her more flexibility to change to a job that is not ‘same or similar’ as mentioned in her Labor. Please advise.

shyamsk
04-20-2015, 10:45 AM
Does this process to be followed for the spouse and family as well? I'm employed and my spouse and children is on H4 (birth certificate & medical examination). Also, recently there are I94 forms when entered the country at airports.

braveone
04-20-2015, 10:55 AM
Thanks IV for letting us all know for preparing ahead of time. I was not aware all these documents required required to file I-485. This is great information. It will take me more than a month to prepare these documents. The most obvious question is when is this going to happen so I could pace myself accordingly.

Administrator2
04-20-2015, 11:02 AM
Thanks IV for letting us all know for preparing ahead of time. I was not aware all these documents required required to file I-485. This is great information. It will take me more than a month to prepare these documents. The most obvious question is when is this going to happen so I could pace myself accordingly.

If I were you, I would make this as a top priority. That is all we can share at this time. Due to various reasons there are things that we can't share at this time. But if I were you, I would take this very seriously and make this as top priority.

In any case, you will need to prepare these documents one day. Sooner the better.

Suva
04-20-2015, 11:03 AM
Thanks IV for this update.

anshu
04-20-2015, 11:15 AM
If I were you, I would make this as a top priority. That is all we can share at this time. Due to various reasons there are things that we can't share at this time. But if I were you, I would take this very seriously and make this as top priority.

In any case, you will need to prepare these documents one day. Sooner the better.
It's only for month like 2007 or permanent fix, approximately how takes long for the fix because my H1b renewal irenin October and I have to do renew or not.

greenappletx
04-20-2015, 11:18 AM
Thanks IV for wonderful news..Ur efforts are appreciated, Hats off.. Thanks again.

sengs
04-20-2015, 11:19 AM
Below is a sample template for Employment Letter referenced in the summary document (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586198) that might come handy while preparing the supporting documents needed for filing of Adjustment of Status.
__________________________________________________ _____________

To be printed on Company Letterhead

[/RIGHT]

Hi Admin, Thanks a ton.

Since I have EB2-NIW, I do not have a PERM (because of employer-independent self-petition). Should I use the job description language from my H-1B LCA application?

bpratap
04-20-2015, 11:19 AM
Great News !


I filed AOS in 2007, and have EAD & AP, However I was NOT married at that time, so I was/am retaining my H1B for the sake of H-4. I have since changed couple jobs using H1B and still maintaining my EAD & AP.

Now that I can file AOS for my spouse and get out of this H1B cycle. How will that play out ? Attorneys for my new job is the legal representative for my I-485. What all documents would my spouse need to file her to AOS ? Do I need my previous employer by any chance to add my spouse to AOS ?

I am not sure how many are in my situation. I m sure I m not the only one. Appreciate some guidance on this situation.

gcharry
04-20-2015, 11:30 AM
I am in the similar situation as bpratap is.

I have filed 485 in 2007 and am working for different co now. Do I need letter from my previous co to file 485 for my wife?

ragunath
04-20-2015, 12:01 PM
Hello Admin,

Could you please advise if it would be ok to go ahead and get the medical exam part started this week..Reason for this question is to make sure getting the test done this week or next week would still be valid when the "official announcement" comes... Thanks for all your help and guidance..

Administrator2
04-20-2015, 12:10 PM
Hello Admin,

Could you please advise if it would be ok to go ahead and get the medical exam part started this week..Reason for this question is to make sure getting the test done this week or next week would still be valid when the "official announcement" comes... Thanks for all your help and guidance..

If your leading question is designed to provoke a response to somehow know the timeline, then please don't waste your time.

If we say yes, then somehow you will understand that something is happening next week.
If we say no, then you might interpret that something might be happening later.

You got to have some trust. We have shared what we could. Any more information is not relevant at this time. As advised in numerous online discussions, medical test should be done only after you are eligible to file for AOS, whenever that might be.

AnAbraham
04-20-2015, 12:18 PM
Thank you for the update . Is this applicable for EB3 also?

I have EB3 priority date March ,2013 . Also I am planning to change my job . I got a job offer in hand which I should accept soon . I am in a dilemma now whether to accept the new job or stay with the current one.

Changing job because company merging with another company and expecting layoffs by the end of this year.

Administrator2
04-20-2015, 12:25 PM
Thank you for the update . Is this applicable for EB3 also?

I have EB3 priority date March ,2013 . Also I am planning to change my job . I got a job offer in hand which I should accept soon . I am in a dilemma now whether to accept the new job or stay with the current one.

Changing job because company merging with another company and expecting layoffs by the end of this year.

Although we do understand the difficult situation, it will be unfair for us to comment on every case and/or life situation. Every situation is different and one needs to decide for oneself. It is your decision and your choice. We cannot determine nor can we advice on what you should do. Hope you understand.

sengs
04-20-2015, 12:28 PM
If possible, can you please advice on the NIW question I asked sometime earlier? I can ask my HR to get the ball rolling. Thanks again.

AnAbraham
04-20-2015, 12:38 PM
I understand. Thanks for the response .

IV predictions always came true.
If you could atleast say whether its applicable for EB3 , it would be helpful for many unfortunate "EB3" guys.

Administrator2
04-20-2015, 12:39 PM
I understand. Thanks for the response .

IV predictions always came true.
If you could atleast say whether its applicable for EB3 , it would be helpful for many unfortunate "EB3" guys.

Sure, as we shared earlier, we believe fix/change will be applicable for everyone. Hope this helps.

harishps123
04-20-2015, 12:49 PM
Great work IV. Keep the fire burning. Made a contribution
receipt number for this payment is: 2231-8400-9114-8235.

Sure, as we shared earlier, we believe fix/change will be applicable for everyone. Hope this helps.

advik20
04-20-2015, 12:54 PM
Sure, as we shared earlier, we believe fix/change will be applicable for everyone. Hope this helps.

Sorry for being selfish

is there any relief for EB3 folks like us who have been waiting for a visa number since 07?

Administrator2
04-20-2015, 01:07 PM
Sorry for being selfish

is there any relief for EB3 folks like us who have been waiting for a visa number since 07?


Last time we checked, "everyone" includes EB3 :)

advik20
04-20-2015, 01:13 PM
Last time we checked, "everyone" includes EB3 :)
I guess did not ask the Question correct.

I already have an EAD but waiting on actual GC from 8 years due to Non Availability of Visa Numbers

Is there a relief for folks like us?

saambha
04-20-2015, 01:18 PM
Apologies if this has been asked multiple times...

I have an approved I-140 from my current employer under EB3. The same employer has filed a new application under EB2 and labor is currently in progress. Assuming the new labor application continues to be in pending status and this administrative fix comes in the next few weeks/ months, would I be able to apply for I-1485 with my old EB3/ approved I-140 application with the same employer?

Thanks.

drevil08
04-20-2015, 01:20 PM
Hi Administrator,

Would appreciate if you could help me in this. I have an approved I-140. I will get married later. I wanted to know what is the impact of AOS adjustment discussed to cases like me.


If I file AOS, will it impact my wife to get AOS later? Or it is must for me to get married and only then file AOS. Will I miss the boat if for any reason I wait for my marriage and then try to file AOS jointly later? I am really confused whether I should get married right now or I can still get the benefits of job flexibility and later on get married.

Regards

Administrator2
04-20-2015, 01:28 PM
Hi Administrator,

Would appreciate if you could help me in this. I have an approved I-140. I will get married later. I wanted to know what is the impact of AOS adjustment discussed to cases like me.


If I file AOS, will it impact my wife to get AOS later? Or it is must for me to get married and only then file AOS. Will I miss the boat if for any reason I wait for my marriage and then try to file AOS jointly later? I am really confused whether I should get married right now or I can still get the benefits of job flexibility and later on get married.

Regards

We think that you can add your future wife (after you get married) to your pending I-485 petition. And if your AOS application gets approved, then you could file - Follow to Join. See here:

Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents | USCIS (http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents)

This is a case related question so we suggest that you ask your question to your attorney.

advik20
04-20-2015, 01:31 PM
We think that you can add your future wife (after you get married) to your pending I-485 petition. And if your AOS application gets approved, then you could file - Follow to Join. See here:

Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents | USCIS (http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents)

This is a case related question so we suggest that you ask your question to your attorney.

I already have an EAD but waiting on actual GC from 8 years due to Non Availability of Visa Numbers

Is there a relief for folks like us?

Administrator2
04-20-2015, 01:32 PM
Apologies if this has been asked multiple times...

I have an approved I-140 from my current employer under EB3. The same employer has filed a new application under EB2 and labor is currently in progress. Assuming the new labor application continues to be in pending status and this administrative fix comes in the next few weeks/ months, would I be able to apply for I-1485 with my old EB3/ approved I-140 application with the same employer?

Thanks.

If your employer has not withdrawn your EB3 I-140 and your approved I-140 is still valid when you become eligible to file AOS, then you should be able to file AOS using your approved EB3 I-140.

bluesky19
04-20-2015, 01:38 PM
hello,

A month back i have applied for h1b extension, this is my second extension for 3 yrs after my 9 yrs of h1b with approved I140 with US company Am a permanent employee since last 5 yrs. My status for extension shows case pending.. can i still apply for AOS with pending status or this has to be approved.. kinda confused.. pls advice..

Thanks a ton in adv

Administrator2
04-20-2015, 01:42 PM
hello,

A month back i have applied for h1b extension, this is my second extension for 3 yrs after my 9 yrs of h1b with approved I140 with US company Am a permanent employee since last 5 yrs. My status for extension shows case pending.. can i still apply for AOS with pending status or this has to be approved.. kinda confused.. pls advice..

Thanks a ton in adv

For filing AOS you should be legally present in US and should not have never been out of status. If your current H1 status is valid and H1B extension is pending, then we think that you should be ok. Please consult your attorney because this is not a legal advice.

advik20
04-20-2015, 01:43 PM
I already have an EAD but waiting on actual GC from 8 years due to Non Availability of Visa Numbers

Is there a relief for folks like us?

I guess the Answer is NO.

No relief for us.

dhruva12
04-20-2015, 01:46 PM
Admin.. I understand .. Its not done, until its done and as an organization you cannot stick your neck out and say something will happen on "this" day.... So, not holding you responsible for the answer to this post ..

Is the reason for you to ask folks to get ready to file documents is because


you have enough insights into the actions on the Hill that this is a legit near term possibility?
Or your guess is as good as any others on whether it will happen or not but but it is better to be prepared
Or This is just as you have always done, helping out the community by providing valuable information, if and when it happens....


Thanks for your reply

waitingnwaiting
04-20-2015, 01:55 PM
Admin.. I understand .. Its not done, until its done and as an organization you cannot stick your neck out and say something will happen on "this" day.... So, not holding you responsible for the answer to this post ..

Is the reason for you to ask folks to get ready to file documents is because


you have enough insights into the actions on the Hill that this is a legit near term possibility?
Or your guess is as good as any others on whether it will happen or not but but it is better to be prepared
Or This is just as you have always done, helping out the community by providing valuable information, if and when it happens....


Thanks for your reply
Answers to such questions is a way to find more information which admin does not want to announce. The reason is the risk of jeopardizing the whole effort.

So we as a community need to decide if 'information' is more important or the 'fix'. Would you rather have information leak and delay or scrapping of fix because it was leaked?

Just my thoughts.

azcars23
04-20-2015, 02:13 PM
I am primary with EB2 I-140 approved. Spouse's Indian passport is expiring in Dec-2015. Shall I put renewal plan on hold for now? I am assuming these dats BLS takes 15-30 days for new passport.

vineetr
04-20-2015, 02:15 PM
Hello Admin,

I have an approved I-140 as Solutions Manager and I changed my role to Project Manager with same employer, can I go ahead and file I-485 with approved I-140 or do I need to do PERM and new I-140 again?

Regards

moon_walker333
04-20-2015, 02:50 PM
First of all Congratulations and Thanks a ton to IV leaders for all these great immigration fixes happening and progressing lately. This is really an exciting time.

I have a question which I suppose would be applicable to hundreds of others in the same situation. I have I-140 approved for few years now, in EB2 category, with my employer which is a typical consulting company. I have not changed any jobs based on approved I-140 to just play it safe. Now, if this mentioned immigration fix (EAD for I-140 and advance filing of AOS/I-485) is implemented, then all of these consulting companies will lose their grip on the H1B visa employees, who have been stuck to them due to GC backlog and lack of safe way to change employer. My question is, once this fix goes live, do we still have to file for EAD and I-485 through our employer's attorney or is it something which we will be able to do on our own without informing the employer? The reason for this question is that the employers may turn to be reluctant to apply for these privileges for their employees knowing that the employee will be more likely to jump to another employer after these privileges are granted.

waitingnwaiting
04-20-2015, 02:57 PM
First of all Congratulations and Thanks a ton to IV leaders for all these great immigration fixes happening and progressing lately. This is really an exciting time.

I have a question which I suppose would be applicable to hundreds of others in the same situation. I have I-140 approved for few years now, in EB2 category, with my employer which is a typical consulting company. I have not changed any jobs based on approved I-140 to just play it safe. Now, if this mentioned immigration fix (EAD for I-140 and advance filing of AOS/I-485) is implemented, then all of these consulting companies will lose their grip on the H1B visa employees, who have been stuck to them due to GC backlog and lack of safe way to change employer. My question is, once this fix goes live, do we still have to file for EAD and I-485 through our employer's attorney or is it something which we will be able to do on our own without informing the employer? The reason for this question is that the employers may turn to be reluctant to apply for these privileges for their employees knowing that the employee will be more likely to jump to another employer after these privileges are granted.

If employers do not apply for these in order to exploit immigrants, immigrants will now be for the first time able to jump employer and change jobs without fear. All they lose is 1 year time needed to refile labor with new employer. They will not lose PD too.

hetal_gusai
04-20-2015, 03:49 PM
Hi I have approved I140 from my current employer so if rule pass then my current employer will file AOS for me or I have to apply AOS by myself ?

braveone
04-20-2015, 03:50 PM
I have noted down you name and information. I live in central NJ and with your attitude I am sure that I won't be going to you for anything whatsoever.

These beggars (i.e. lawyers and now doctors) have nowhere else to go but to extract money from immigrants by infusing fear. Good that I'm neither a lawyer nor a doctor, so I am not sucking anyone's blood to earn my living.



With reference to the I-693 Medical Examination Instructions you provide, and in particular the comments on IMMUNIZATION HISTORY:

We are a Neurological Practice, Certified Civil Surgeon's Office (I-693 Examinations), and a Certified Neuropsychological Examiner with regard to Examining Permanent Residents (and/or their caregivers) seeking WAIVERS of the ENGLISH LANGUAGE, AND U.S. CIVICS TESTING PROTOCOLS, commonly known as N-648 Waivers.

PLEASE TAKE NOTE THAT U.S.C.I.S. AND MORE IMPORTANTLY THE U.S. CENTERS FOR DISEASE CONTROL (CDC), DO NOT CONSIDER AS ACCEPTABLE "LETTERS FROM HOME COUNTRY PRIMARY CARE PHYSICIANS" ISSUED YEARS (DECADES?) AFTER CHILDHOOD IMMUNIZATIONS, CERTIFYING THAT THOSE CHILDHOOD IMMUNIZATIONS OCCURRED!
SUCH RECORDS A-R-E N-O-T "CONTEMPORANEOUS RECORDS" (CREATED AT THE TIME OF IMMUNIZATION), AND ARE NOT ACCEPTABLE AS PROOF OF IMMUNIZATION.

AND FURTHER, ATTEMPTING TO "SANITIZE" SUCH AFTER-THE-FACT FOREIGN PHYSICIAN'S CERTIFICATIONS, BY HAVING A U.S. PRIMARY CARE PHYSICIAN, RECORD THOSE AFTER-THE-FACT STATEMENTS, AS AN AUTHORIZED HISTORICAL RECORD, AMOUNTS TO MEDICAL FRAUD!

Since most applicants we examine have been waiting for their Residency Interviews for years, and the I-693 Examination is the last step prior to most Interviews, we STRONGLY ADVISE AGAINST ATTEMPTING TO "GAME" THE I-693 system!

We send our applicants to outside wholesale locations for their required vaccinations--so we have no financial interest in the matter. And most adult applicants, after we have carefully examined them, only require two or three vaccinations. SO IT WOULD BE EXCEEDINGLY FOOLISH TO ATTEMPT TO EVADE THE REQUIRED CURRENT IMMUNIZATIONS (IF NEEDED), JUST TO SAVE A RELATIVELY SMALL AMOUNT!

Most Applicants use attorneys for their long and involved immigration procedures. And the I-693/Immunization process is a very small amount in comparison to the legal fees expended.

M.B. TAGAYUN, M.D.
CLIFTON, NEW JERSEY

sripk
04-20-2015, 04:13 PM
Thanks IV for all your efforts and sharing information ahead so we are well prepared! I already applied for AOS in July 2007 and presently my wife is on H4 status as i couldn't apply for her AOS until now. If i apply for EAD for H4 on May 26th and this is announced later on then if i apply for her EAD/AP along with AOS then which EAD will be approved assuming EAD for H4 remains pending while i apply for her AOS?

Xhris
04-20-2015, 05:58 PM
If employers do not apply for these in order to exploit immigrants, immigrants will now be for the first time able to jump employer and change jobs without fear. All they lose is 1 year time needed to refile labor with new employer. They will not lose PD too.

Do you mean he will still need to restart his GC process in that case ?

pulkitdabral
04-20-2015, 06:05 PM
Thanks for all your effort IV. I had a question:
Both my wife and I have an approved I-140 with mine being in 2012 while hers is in 2014. The issue with my GC process is that, my PWD came a lot higher and even though my company proceeded with the process I am still a bit away from reaching that salary. I know without that reaching salary I cannot get my GC but here are my questions with regards to the new updates:
1. Will i still be able to file for EOS and EAD?
2. Will changing jobs be an issue with PWD being higher or will that apply automatically to my GC case irrespective?
3. Should I file AOS instead using my wife's PD or should we just do it separately?

Thanks in advance

thokkalohdi
04-20-2015, 07:38 PM
thanks :D

palciparum
04-20-2015, 07:51 PM
Below is a sample template for Employment Letter referenced in the summary document (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586198) that might come handy while preparing the supporting documents needed for filing of Adjustment of Status.
__________________________________________________ _____________

To be printed on Company Letterhead

[/RIGHT]

The sample Employment Letter says "will be employed' but what when you are already employed and say have contract for 2 more years.

Do you still need this letter or can you just use previous W-2s and last couple of pay stubs from the same employer?

Is there any alternative to this letter? and does language need to be modified in the letter when you are already employed?

Thanks

advik20
04-20-2015, 08:06 PM
Last time we checked, "everyone" includes EB3 :)

I guess did not ask the Question correct.

I already have an EAD but waiting on actual GC from 8 years due to Non Availability of Visa Numbers

Is there a relief for folks like us?

Any answer on this...accordingly I have to take some important decision

rakesh_basis
04-20-2015, 08:07 PM
Thank you very much IV,

I know now spouse and primary applicant can be on AOS /EAD. But how about the kids, are kids can also apply for AOS or EAD? or they will remain on H4.

Thanks,
Rakesh

tefl0n
04-20-2015, 10:39 PM
So, apologies in advance if this sounds elementary, but I'm wondering whether after filing I-485 and getting this EAD/AP thing, is one free to quit their job and still legally reside (unemployed) in America?

Administrator2
04-20-2015, 11:15 PM
Thank you very much IV,

I know now spouse and primary applicant can be on AOS /EAD. But how about the kids, are kids can also apply for AOS or EAD? or they will remain on H4.

Thanks,
Rakesh

Yes, children will also be eligible to file for AOS. If the child is above the minimum age allowed to work then the child will be able to file for EAD card. This is a standard AOS process. There is nothing special about it.

Administrator2
04-20-2015, 11:16 PM
So, apologies in advance if this sounds elementary, but I'm wondering whether after filing I-485 and getting this EAD/AP thing, is one free to quit their job and still legally reside (unemployed) in America?

One must maintain continued employment during pending AOS status in order to not fall out of status.

neodyn55
04-20-2015, 11:22 PM
So I want to heartily thank IV's efforts over the years. I've been to advocacy recently and have seen how effective it can be. I'm happy that many of my compatriots can potentially apply and get an EAD and get out of the H1 cycle.

That being said, this news personally makes me depressed. After doing a lot of waiting, at a job I was under appreciated and underpaid at, I moved to a much better company, with great prospects and superb salary. My PERM is ongoing though. From the sounds of it, looks like dates may become current of some sort for a brief period aka 2007 . Since I have no approved PERM and have no intention go back to my previous employer, I can't really use my old approved I 140... So yet again I'm getting the shaft. It seems like no matter what I do, I get screwed by the immigration system.

And if this happens, why wold USCIS want to do any admin fixes at all, especially since they probably are getting immense pressure from employers? And after things went current for a while, retrogression was so bad that it took years for dates to move.

So... I don't begrudge anyone their good fortune, but this seems like free 75% of the slaves while employers get to keep 25%. Better than status quo I guess, but not really great for the 25% (and everyone getting employed now of course.) and those 25% are utterly screwed ... Guess what the newly minted 75% are going to do with their EADs? Why, forget about all the problems of the past and blissfully go on with their lives! Witness how the H4 spouses already have disappeared off the scene after their EADs got passed.

American immigration system, where you just can't win, even if you win.

Gudluck10
04-21-2015, 12:31 AM
Firstly I wanted to say big big thanks to your team.

Here is my question.

I have my PERM approved three month before by future employer. Yet to file I-140.

Am I eligible for concurrent filing or Do I need to get my I-140 approved?

Do I need to be in future employer's payroll for applying AOS?

Please advise, Thanks in advance.

Tarang
04-21-2015, 07:55 AM
I have questions about birth certificate. My local language birth certificate has my mother's first name only (with full name of my father and my first name). Do i need affidavit from my mother for this?

I have translated copy where translation was done by notary himself. But it is not mentioned that he is fluent in english and local language. Do i need one more translated copy?

bracelet80
04-21-2015, 09:39 AM
Under the current system, you cannot use approved I-140 from previous employer to file AOS. But you could file AOS from your old employer. All you need from your old employer is the letter from employer (please look for the letter format above).

Hi Administrator/Pappu,

There are many people like this, who have changed their jobs after applying I140 from their previous employer and their I140 is still valid.

I am also in same boar, I140 is still valid from previous employer and I have changed job, but my new employer has not start GC process yet. What is the best bet for me now ?

Can I apply for I-485 using old I140 approval if I get old employer's letter ?

Any input will be appreciated.

immigrant2007
04-21-2015, 10:12 AM
How will porting work in this case? for primary or secondary applicant?If secondary applicant has an applciation in EB2 but currently on AOS of primary applicant (backlogged in EB3 2004)

moon_walker333
04-21-2015, 10:21 AM
I have a question which I suppose would be applicable to hundreds of others in the same situation. I have I-140 approved for few years now, in EB2 category, with my employer which is a typical consulting company. I have not changed any jobs based on approved I-140 to just play it safe. Now, if this mentioned immigration fix (EAD for I-140 and advance filing of AOS/I-485) is implemented, then all of these consulting companies will lose their grip on the H1B visa employees, who have been stuck to them due to GC backlog and lack of safe way to change employer. My question is, once this fix goes live, do we still have to file for EAD and I-485 through our employer's attorney or is it something which we will be able to do on our own without informing the employer? The reason for this question is that the employers may turn to be reluctant to apply for these privileges for their employees knowing that the employee will be more likely to jump to another employer after these privileges are granted.

I will appreciate if IV Administrator can answer this question. Thanks in advance. :)

pappu
04-21-2015, 11:38 AM
First of all Congratulations and Thanks a ton to IV leaders for all these great immigration fixes happening and progressing lately. This is really an exciting time.

I have a question which I suppose would be applicable to hundreds of others in the same situation. I have I-140 approved for few years now, in EB2 category, with my employer which is a typical consulting company. I have not changed any jobs based on approved I-140 to just play it safe. Now, if this mentioned immigration fix (EAD for I-140 and advance filing of AOS/I-485) is implemented, then all of these consulting companies will lose their grip on the H1B visa employees, who have been stuck to them due to GC backlog and lack of safe way to change employer. My question is, once this fix goes live, do we still have to file for EAD and I-485 through our employer's attorney or is it something which we will be able to do on our own without informing the employer? The reason for this question is that the employers may turn to be reluctant to apply for these privileges for their employees knowing that the employee will be more likely to jump to another employer after these privileges are granted.

If the concern is fear of employer and ability to file I485 without the employer then the choices under the existing law is to either file in EB1a/ investment greencard or family greencard.

In the employment based greencard for your EB2 where your employer has filed a petition for you because the employer has not found any US citizen qualified to do the job you are doing, by saying that you want to bypass the employer you are going against the intent of the law. The greencard law is made for employers to hire employees for a longer term and this is why it is called employment based greencard.

For self filing/point based system etc there needs to be a new law made by completely changing the existing law. It requires a huge effort.

If the concern is employers who take advantage of employees, then the first step to work against such employers is to become fearless. Fear breeds more fear and exploitation. Each one of us need to stand up for ourselves and for others like us in the community. We should not be concerned just for our greencard but finding the solution for the problem for all of us even after getting our greencard.

Immigration voice has advocated for many fixes that empower employees so that they cannot be exploited. We have been doing a lot of meetings, made several presentations, fought a whole lot. It is time that everyone joins hands to fight it together instead of spending time tracking, predicting and squabbling over petty issues on the web. Everything is possible if there is a strong will and a strong support of the community.

DMX17
04-21-2015, 11:44 AM
Thanks IV team for the heads up. Without asking any questions, I will prepare the docs as you guys said. Well done!

moon_walker333
04-21-2015, 11:57 AM
If the concern is fear of employer and ability to file I485 without the employer then the choices under the existing law is to either file in EB1a/ investment greencard or family greencard.

In the employment based greencard for your EB2 where your employer has filed a petition for you because the employer has not found any US citizen qualified to do the job you are doing, by saying that you want to bypass the employer you are going against the intent of the law. The greencard law is made for employers to hire employees for a longer term and this is why it is called employment based greencard.

For self filing/point based system etc there needs to be a new law made by completely changing the existing law. It requires a huge effort.

If the concern is employers who take advantage of employees, then the first step to work against such employers is to become fearless. Fear breeds more fear and exploitation. Each one of us need to stand up for ourselves and for others like us in the community. We should not be concerned just for our greencard but finding the solution for the problem for all of us even after getting our greencard.

Immigration voice has advocated for many fixes that empower employees so that they cannot be exploited. We have been doing a lot of meetings, made several presentations, fought a whole lot. It is time that everyone joins hands to fight it together instead of spending time tracking, predicting and squabbling over petty issues on the web. Everything is possible if there is a strong will and a strong support of the community.

Thanks pappu, for taking time to elaborate the scenario and answering my question. What you said totally makes sense. Keep up the good work and I will surely do my part too.

DMX17
04-21-2015, 12:04 PM
Just want to add.. what a timing by IV to share this important info. April 20th, exactly 5 months from Nov 20th..:)

Cant wait for May 20th, June 20th, .....until the day the cause becomes an achievment!

EB3I2012
04-21-2015, 12:38 PM
I have EB3 PD 2012, I140 approved. Unfortunately I planned for 5 month India visit starting next week. Pls suggest if I have any options to continue with AOS (being in India) if it happens in this window. (I must also go thru stamping when I am there)

nchendica
04-21-2015, 01:31 PM
Under the current system, you cannot use approved I-140 from previous employer to file AOS. But you could file AOS from your old employer. All you need from your old employer is the letter from employer (please look for the letter format above).

Hello Admin, in this case, if we get a letter from old employer (if agreed to support), can we stay with the new/current employer and file AOS using old employer letter?

immigrant2007
04-21-2015, 02:37 PM
How will porting work in this case? for primary or secondary applicant?If secondary applicant has an applciation in EB2 but currently on AOS of primary applicant (backlogged in EB3 2004)

ANyone having any idea if the above will be impacted or will remain same?

DMX17
04-21-2015, 02:38 PM
I have EB3 PD 2012, I140 approved. Unfortunately I planned for 5 month India visit starting next week. Pls suggest if I have any options to continue with AOS (being in India) if it happens in this window. (I must also go thru stamping when I am there)

Fir flilng AOS, one must be in the U.S.

DMX17
04-21-2015, 02:41 PM
ANyone having any idea if the above will be impacted or will remain same?

I am not sure if you question is clear. This new fix changes nothing related to your situation. At some point if the EB2 PD is current, you should consult a lawyer and try to change the basis of the I-485 using the EB2 applicant as the primary. In other words, for you special case, you need special guidance from a lawyer when the time comes.

Gudluck10
04-21-2015, 04:24 PM
Firstly I wanted to say big big thanks to your team.

Here is my question.

I have my PERM approved three month before by future employer. Yet to file I-140.

Am I eligible for concurrent filing or Do I need to get my I-140 approved?

Do I need to be in future employer's payroll for applying AOS?

Please advise, Thanks in advance.a

immigrant2007
04-21-2015, 04:27 PM
I am not sure if you question is clear. This new fix changes nothing related to your situation. At some point if the EB2 PD is current, you should consult a lawyer and try to change the basis of the I-485 using the EB2 applicant as the primary. In other words, for you special case, you need special guidance from a lawyer when the time comes.

Thanks for the reply. Just wanted to check if this new change is just for primary applicants or provides PD (filed for primary in EB3) benfits if dervatives files a 485 . From your reply it is same as earlier. but wanted to check with IV.

groovypash
04-21-2015, 04:33 PM
Assuming that we are able to apply for EAD anytime soon, Do you think that there will be delays in getting the EAD? As there will be thousands of applicants..

toarpit
04-21-2015, 04:46 PM
Hello Admin/Pappu,

Many thanks for all the effort you guys have put for high skilled community. I have a question below and would appreciate if you can help me with your perspective-
I have an approved I-140 as Senior Architect and I changed my role to Enterprise Architect with same employer, can I go ahead and file I-485 with approved I-140 or do I need to do PERM and new I-140 again under this new rule?

Regards

waitingnwaiting
04-21-2015, 04:50 PM
Assuming that we are able to apply for EAD anytime soon, Do you think that there will be delays in getting the EAD? As there will be thousands of applicants..

Are you suggesting that we should not allow all people any benefits if it happened. So maybe we have a rule where first only EB2 people should get EAD and then EB3 ROW get EAD and when there is nobody left in the line, EB3 India applications should be considered for EAD?

I think you are sympathizing with USCIS workers because they will be burdened. But you are not understanding the pain of immigrants waiting for many years.

waitingnwaiting
04-21-2015, 04:53 PM
Hello Admin/Pappu,

Many thanks for all the effort you guys have put for high skilled community. I have a question below and would appreciate if you can help me with your perspective-
I have an approved I-140 as Senior Architect and I changed my role to Enterprise Architect with same employer, can I go ahead and file I-485 with approved I-140 or do I need to do PERM and new I-140 again under this new rule?

Regards

If you search the internet you wil see thousands of people saying they could not take promotions because if they changed jobs or took promotions, they will lose their spot in the greencard line. This is one of the reason why we all need greencards. I think you missed all those posts and newspaper articles so far, Check around on forums and you will get an idea of the amount on agony people have stuck in the same job, position and salary for 10 years.

groovypash
04-21-2015, 05:02 PM
Are you suggesting that we should not allow all people any benefits if it happened. So maybe we have a rule where first only EB2 people should get EAD and then EB3 ROW get EAD and when there is nobody left in the line, EB3 India applications should be considered for EAD?

I think you are sympathizing with USCIS workers because they will be burdened. But you are not understanding the pain of immigrants waiting for many years.

Dude It was a simple question. Where did you come up with EB2 , EB3 ROW ,sympathizing with USCIS workers , walking on the moon..etc.I have also been waiting for 10+ years. It will difficult to go to visa stamping if EAD is applied. I was just curious as to how much time it would take to get EAD for planning my trip.

DMX17
04-21-2015, 05:04 PM
Hello Admin/Pappu,

Many thanks for all the effort you guys have put for high skilled community. I have a question below and would appreciate if you can help me with your perspective-
I have an approved I-140 as Senior Architect and I changed my role to Enterprise Architect with same employer, can I go ahead and file I-485 with approved I-140 or do I need to do PERM and new I-140 again under this new rule?

Regards

My opinion... you probably will not have to if the "same or similar" fix is also published at the same time.

groovypash
04-21-2015, 05:09 PM
Hello Admin/Pappu,

Many thanks for all the effort you guys have put for high skilled community. I have a question below and would appreciate if you can help me with your perspective-
I have an approved I-140 as Senior Architect and I changed my role to Enterprise Architect with same employer, can I go ahead and file I-485 with approved I-140 or do I need to do PERM and new I-140 again under this new rule?

Regards

I have gone through a title change,however my responsibilities have not changed. My lawyer said that it won't impact my application process. Two of my other friends have also gone through the same job title change and were able to get their EAD. Please consult your lawyer and good luck to you.

jsd123
04-21-2015, 05:54 PM
If the concern is fear of employer and ability to file I485 without the employer then the choices under the existing law is to either file in EB1a/ investment greencard or family greencard.

In the employment based greencard for your EB2 where your employer has filed a petition for you because the employer has not found any US citizen qualified to do the job you are doing, by saying that you want to bypass the employer you are going against the intent of the law. The greencard law is made for employers to hire employees for a longer term and this is why it is called employment based greencard.

For self filing/point based system etc there needs to be a new law made by completely changing the existing law. It requires a huge effort.

If the concern is employers who take advantage of employees, then the first step to work against such employers is to become fearless. Fear breeds more fear and exploitation. Each one of us need to stand up for ourselves and for others like us in the community. We should not be concerned just for our greencard but finding the solution for the problem for all of us even after getting our greencard.

Immigration voice has advocated for many fixes that empower employees so that they cannot be exploited. We have been doing a lot of meetings, made several presentations, fought a whole lot. It is time that everyone joins hands to fight it together instead of spending time tracking, predicting and squabbling over petty issues on the web. Everything is possible if there is a strong will and a strong support of the community.

Pappu and IV Team,

Its nice that you brought up the topic of being fearless and united with employers. That's exactly what I have been trying to do in my last 15 years in USA. And that is probably why in spite of having a Master's Degree in high demand computer science field with a GPA of 3.8 I do not still have a Green Card. I have learned from being fearless that it has consequences...for yourself (professionally, financially and psychologically) as well as your employers (only financially). Generally the consequences are more serious for the employee as expected.

Even at the best tech companies the game is rigged in such a way that the buck stops nowhere. Your Manager immediately agrees to your very legitimate GC filing demands before you accept offer. If you are assertive and careful, they even give it in writing with the offer letter that the GC "Process" would "START" immediately. The keywords being "process" and "start". So, because of the "process" the written commitment means nothing. Then they delegate the responsibility to other departments...usually HR and somebody called "Mobility Manager". So basically it has nothing to do with your supervisor anymore. It is very difficult to get an employer to stick to their commitment due to this model where you are made to run from pillar to post...Manager, HR, Mobility Manager and of course the Lawyers and then the USCIS...at least 6 places where the process can get stuck. Generally in this scenario the initial attempt of an honest person is to work his ass out to prove his worth hoping that the company would keep its commitment. But usually it does not happen. If a person quits, she/he has more to lose than the employer considering the employment market, location, time required to prepare for interviews and finding other employer who would also agree to do the GC promptly.

I believe that many of the admin fixes would tilt the balance little bit in favor of the employees. But in the meantime, I would like to know IV's specific advice on being fearless with employers. Given all of the above what can an employee to do ensure that the employers sticks to their commitment without quitting ?

Thanks in advance for your advice.

sripk
04-21-2015, 06:31 PM
Hi, My employer doesn't support AOS filing for my spouse so i may need to pay for attorney fees that seems very high. I have few questions below if i choose to file it on my own

1. I already filed my AOS in 2007 so what documents are needed for filing AOS for my spouse? Do i still need to send the complete list that was used by my attorney for filing my AOS?
2. I assume there are no additional filing fees for EAD/AP if i file them together with I485?
3. In case of RFE's, Do you recommend that i have an attorney? Also, what is the average attorney fees for AOS filing?

Thanks in advance!

pappu
04-21-2015, 07:18 PM
Pappu and IV Team,

Its nice that you brought up the topic of being fearless and united with employers. That's exactly what I have been trying to do in my last 15 years in USA. And that is probably why in spite of having a Master's Degree in high demand computer science field with a GPA of 3.8 I do not still have a Green Card. I have learned from being fearless that it has consequences...for yourself (professionally, financially and psychologically) as well as your employers (only financially). Generally the consequences are more serious for the employee as expected.

Even at the best tech companies the game is rigged in such a way that the buck stops nowhere. Your Manager immediately agrees to your very legitimate GC filing demands before you accept offer. If you are assertive and careful, they even give it in writing with the offer letter that the GC "Process" would "START" immediately. The keywords being "process" and "start". So, because of the "process" the written commitment means nothing. Then they delegate the responsibility to other departments...usually HR and somebody called "Mobility Manager". So basically it has nothing to do with your supervisor anymore. It is very difficult to get an employer to stick to their commitment due to this model where you are made to run from pillar to post...Manager, HR, Mobility Manager and of course the Lawyers and then the USCIS...at least 6 places where the process can get stuck. Generally in this scenario the initial attempt of an honest person is to work his ass out to prove his worth hoping that the company would keep its commitment. But usually it does not happen. If a person quits, she/he has more to lose than the employer considering the employment market, location, time required to prepare for interviews and finding other employer who would also agree to do the GC promptly.

I believe that many of the admin fixes would tilt the balance little bit in favor of the employees. But in the meantime, I would like to know IV's specific advice on being fearless with employers. Given all of the above what can an employee to do ensure that the employers sticks to their commitment without quitting ?

Thanks in advance for your advice.

I can give a very detailed answer to deal with it. For now let me put some points that one can do right off the bat


* Support Immigration Voice because those $$ will go towards advocating for changes in the interest of employees. Employers and lawyers are well represented but employees lack a strong advocacy group with enough capital to fight. Volunteer your time and skills to the organization
* Attend every advocacy day of Immigration Voice. Among other fixes we talk about fixes specific to stopping exploitation. Sitting at home or office and signing petitions or tweeting will not fix anything. One will have to come often to advocacy day meetings and speak up.
* Know your rights
* Report bad employers to DOL/authorities as applicable
* Do not be fearful of reporting in your name. Anonymity goes only as far as putting pots on forums that have no significance. Real action is filing a complaint and not posting on a forum with a fake ID.
* Sometimes lawsuit is an option to explore.
* Stay United a community.
* Journey of an immigrant does not end with getting greencard, H1B or EAD... or even citizenship. Stay involved and help people behind you.
* be politically active by being active in IV advocacy. You will learn a lot.

Gudluck10
04-21-2015, 07:38 PM
Firstly I wanted to say big big thanks to your team.

Here is my question.

I have my PERM approved three month before by future employer. Yet to file I-140.

Am I eligible for concurrent filing or Do I need to get my I-140 approved?

Do I need to be in future employer's payroll for applying AOS?

Please advise, Thanks in advance.

Dear Admin or Senior member look into my question and clarify.

psychedelicNerd
04-21-2015, 08:04 PM
I would like to know if you can file AOS if the dates become current while your H1 extension is still pending? I have an approved I140 and have a priority date of June 2004. My H1 extension is pending post RFE (which was replied to and acknowledged by USCIS). If, in the meanwhile, the dates do become current miraculously, would I be eligible to file my I485 while the extension approval has not yet arrived?

Keep up the good work.

sengs
04-21-2015, 09:35 PM
Hi Admin, Thanks a ton.

Since I have EB2-NIW, I do not have a PERM (because of employer-independent self-petition). Should I use the job description language from my H-1B LCA application?

Do you have any suggestions for the above? I also had title changes since I started this current position, but since I do not have any PERM, is that going to matter during AOS? I did my I-140 filing by myself without any lawyer. I will probably file the AOS by myself. So as much help I can get from IV and the community would be very helpful.

Murthy
04-21-2015, 10:28 PM
Yes :)What Pappu said is 100% correct. I learnt a lot after attending my first advocacy day in Feb 2015.
I can give a very detailed answer to deal with it. For now let me put some points that one can do right off the bat


* Support Immigration Voice because those $$ will go towards advocating for changes in the interest of employees. Employers and lawyers are well represented but employees lack a strong advocacy group with enough capital to fight. Volunteer your time and skills to the organization
* Attend every advocacy day of Immigration Voice. Among other fixes we talk about fixes specific to stopping exploitation. Sitting at home or office and signing petitions or tweeting will not fix anything. One will have to come often to advocacy day meetings and speak up.
* Know your rights
* Report bad employers to DOL/authorities as applicable
* Do not be fearful of reporting in your name. Anonymity goes only as far as putting pots on forums that have no significance. Real action is filing a complaint and not posting on a forum with a fake ID.
* Sometimes lawsuit is an option to explore.
* Stay United a community.
* Journey of an immigrant does not end with getting greencard, H1B or EAD... or even citizenship. Stay involved and help people behind you.
* be politically active by being active in IV advocacy. You will learn a lot.

pradeep06
04-22-2015, 09:09 AM
Admin,
There are a lot of folks from India where we have birth certificates, but without our name on it as it was not mandatory while requesting the certificate, in this case should we get a new certificate issued with the full name or would affidavits from parents suffice?

Administrator2
04-22-2015, 09:21 AM
Admin,
There are a lot of folks from India where we have birth certificates, but without our name on it as it was not mandatory while requesting the certificate, in this case should we get a new certificate issued with the full name or would affidavits from parents suffice?

We realized that most folks have such real issues. And these issues with birth/marriage certificate or immunization records take some time to resolve. That is why we have tried to provide a heads-up so you can prepare and have your documents in order.

If you read the posts on the first page of this thread, you will get answer to your question - by preparing affidavit. The post also suggest the language for such affidavit. Please also do not ignore second action item from the newsletter.

scrooge2011
04-22-2015, 01:49 PM
Kudos and thanks to the entire IV team for all the hard work and efforts.

I have changed my job WITHIN my company, progressing to a senior position (promoted). My company has not redone the H1B, but plans to redo my Labor and GC again as the location and shifts of this position have changed. This new labor process will begin in 4-6 months. I have a approved 140 from old position, but am wondering if I can apply for AOS before (or maybe) even after the new labor has been filed for or do I just wait until my new 140 has been approved.

Thanks again and VERY much appreciate all the efforts as well as candid messaging on this forum.

DMX17
04-22-2015, 02:44 PM
Kudos and thanks to the entire IV team for all the hard work and efforts.

I have changed my job WITHIN my company, progressing to a senior position (promoted). My company has not redone the H1B, but plans to redo my Labor and GC again as the location and shifts of this position have changed. This new labor process will begin in 4-6 months. I have a approved 140 from old position, but am wondering if I can apply for AOS before (or maybe) even after the new labor has been filed for or do I just wait until my new 140 has been approved.

Thanks again and VERY much appreciate all the efforts as well as candid messaging on this forum.

With the current regulation (without same or similar fix), your situation is tricky as it may appear that you have no intent of working on the previous position title. Your employer should ammend the H1 and re-start the PERM etc.

With "same or simiar" fix in the future through, you may not need to restart the GC process if the new job is in the same city/area. If city has changed, I am not sure if the new admin fix will address this part.

Just my 2 cents. Wait for other responses.

Romeo
04-22-2015, 03:07 PM
I am in the same boat except I am going on a sabbatical .taking pay cut. company will rehire me after the training period at a different location. Since green card is location specific I have to start all over again. We all have to live with our choices and I made this one after November 20 when I realized nothing is going to happen immediately.company legal counsel dosent want to respond to speculations and here I am in a dilemma.

Shrekpal
04-22-2015, 03:33 PM
Dear Admin,
There was an indication from the IV admin earlier that the I140-EAD rule will be published as an interim rule as opposed to the usual Proposed Rule-Final Rule process. Does that still hold true ? This would really help me make a few difficult decisions.

Thanks in advance for the answer

palciparum
04-22-2015, 03:43 PM
Dear administrator,

Thanks for all the efforts. I support IV.

I would like to know, if possible, whatever fix is coming or will happen, will it just be for a month or two? Or longer? How long of a window of opportunity will be there?

Thanks.

pd052011
04-22-2015, 04:34 PM
With the current regulation (without same or similar fix), your situation is tricky as it may appear that you have no intent of working on the previous position title. Your employer should ammend the H1 and re-start the PERM etc.

With "same or simiar" fix in the future through, you may not need to restart the GC process if the new job is in the same city/area. If city has changed, I am not sure if the new admin fix will address this part.

Just my 2 cents. Wait for other responses.

I have just been offered a senior position in my company with duties being added to my current responsibilities. The title and salary will most likely change quite a bit but not the location. I am also in the same field and not changing domains. How will it impact the green card process and this new EAD EO? I have an approved I-140 with the same employer.

ashokkpatnaik
04-22-2015, 04:57 PM
Click on this link for an article published in 'The national law review.

USCIS Administrative Appeals Office Solicits Amicus Curiae Briefs: Impact on I-140 Immigrant Applicants | The National Law Review (http://www.natlawreview.com/article/uscis-administrative-appeals-office-solicits-amicus-curiae-briefs-impact-i-140-immig)

Jsad
04-22-2015, 05:16 PM
Dear Admin,

I plan to get married later this year. I have a civil marriage registration already done in India. Would it be advisable to file for AOS now or wait to file until i bring my wife to US on H4.

As i understand once i file for AOS, i cannot bring a dependent.

Appreciate your response.

solarjf11
04-22-2015, 05:36 PM
Under the current system, you cannot use approved I-140 from previous employer to file AOS. But you could file AOS from your old employer. All you need from your old employer is the letter from employer (please look for the letter format above).

My previous employer (I-140 approved) is ready to give me the letter. As I understand a green card position is for the future employment and as per the current backlog, it will take another 4-5 years to get a green card.

After we file for I-485 and wait for 6 months (maybe no need to wait?), can we use the EAD card (AC21) to work for the current employer on the same or similar occupation and after that my current employer will continue to support my I-485 application?

DMX17
04-22-2015, 06:18 PM
I have just been offered a senior position in my company with duties being added to my current responsibilities. The title and salary will most likely change quite a bit but not the location. I am also in the same field and not changing domains. How will it impact the green card process and this new EAD EO? I have an approved I-140 with the same employer.

Read the newsletters/posts related to the Obama actions. There are two or more different fixes one of which is "same or similar" which is supposed to relax or redefine what that means. Assuming this same or similar fix rolls out at the same time as the I-140/AOS fix, then you need not re-start the process for "natural career progressions".

legalimmi11
04-23-2015, 12:08 PM
Thanks for sharing this important info. These are the vaccinations for which we can get the records from India (of course I need to find out from doctor of my birth place). There are some additional vaccinations mentioned in the form 696 (like hepatitis A, B, rotavirus and few more ?) . Can you please guide us on those. Should we start getting those in our local PCP or those are not required ?


Continued from previous post (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586198)
11. Medical Examination Related to Form I-693:
Please go to USCIS website for detailed instructions for I-693 (http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf). Medical examination is conducted via the USCIS approved physician who provides the medical report along with Form I-693 (http://www.uscis.gov/i-693) in a sealed envelope for each applicant. List of approved civil surgeons in your area can be found at https://my.uscis.gov/findadoctor. It’s better to call and enquire about the associated fees ahead of time as the charges can significantly vary from clinic to clinic.

Tip: Almost everyone received immunizations during their childhood and should have a record that can be presented to the Civil Surgeon to potentially avoid repetitions of vaccinations and delay in the receipt of the completed report (not to mention incurring additional expense). This is especially true of the MMR (Measles Mumps and Rubella) vaccine which requires both an initial shot and a booster over a period of time to become effective. If you don’t have the immunizations record, you can ask your primary physician in your country of birth to provide a certified letter showing that the following immunizations were received as per the following schedule:

OPV: at birth, at 6 weeks, at 10 weeks, at 15 weeks
DTP: at 6 weeks, at 10 weeks, at 15 weeks
Tdap: at 8 weeks
MMR: at 9 months, at 15 months
Varicella: ask your parents if you had Chicken Pox as a child
You could take this certified letter to your local (U.S.) family physician and have him/her transfer this information on to your U.S. medical record files. Then ask for a copy of the immunization schedule record from your family physician and also provide it to the Civil Surgeon along with the certified letter. Additionally, a titer can also be conducted by your local (U.S.) family physician. A titer is a simple blood test that checks your immune status to the diseases or of vaccinations you may have received in the past. The results of this test can be used as additional proof of immunity, along with other documents and may be helpful in convincing the Civil Surgeon.

Please note that not all Civil Surgeons are willing to accept this proof and may still require you to take the vaccinations. Getting vaccinated at your local (U.S.) family physician is generally the cheapest option as it may be covered by your insurance.

The Alchemist
04-23-2015, 05:46 PM
The vaccination schedule has changed over the years - in the 70s the vaccines mandated to be given at the time of birth and later were less in number compared to 80s/90s or nowadays. If you do some research you will find the history of vaccinations mandated in your country at the time of your birth. In most cases only the ones listed in this post (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html#post3586199) will be required and others might be deemed "not medically appropriate" by the Civil Surgeon. You may always seek advice from your local PCP.

But the final determination has to be made by the Civil Surgeon based on multiple factors like your current health, date & country of birth.

If the Civil Surgeon determines that certain additional vaccinations are needed, you may get them either at the Civil Surgeon's clinic or elsewhere. More details on vaccinations are available on page 7 on the instructions for I-693 (http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf)

---please note that this is not medical advice---

Thanks for sharing this important info. These are the vaccinations for which we can get the records from India (of course I need to find out from doctor of my birth place). There are some additional vaccinations mentioned in the form 696 (like hepatitis A, B, rotavirus and few more ?) . Can you please guide us on those. Should we start getting those in our local PCP or those are not required ?

BrahmanAtman
04-23-2015, 10:26 PM
As Summer (June-2015) most of us are excited for Visiting India & Family Marriage Function. More happiness will come if AOS happens before that early.

My questions are ,

Is it ok to travel to India this Summer ? If AOS happens during summer for a short time (just like July-2007 AOS happened for a month) than we will miss very big AOS opportunity.

Currently, there is huge Cost if we change our Travel Plan (Airline Tickets, VISA Stamping Appointment , India-Tourism etc), but we don't want to miss AOS opportunity

My straight question here's : Is it before summer or after summer thing ?

BrahmanAtman
04-23-2015, 10:31 PM
As Summer (June-2015) is approaching, most of us are excited for Visiting India & Family Marriage Function. More happiness will come if AOS happens before summer vacation starts.

My questions are ,

Is it ok to travel to India this Summer ? If AOS happens during summer but for a short time (just like AOS happened for a month in July-2007 ) than we will miss very big AOS opportunity.

Currently, there is huge Cost if we change our Travel Plan (Airline Tickets, VISA Stamping Appointment , India-Tourism etc), but we don't want to miss AOS opportunity at any cost.

My straight question here's : Is it before summer thing or after summer thing ?

gcharry
04-24-2015, 06:34 AM
BrahmanAtman,

Straight forward answer is in between.

drevil08
04-24-2015, 07:46 AM
Dont let go personal or professional opportunities because of potential EAD opportunity. Seeing so many people wait in queue for several years, it is only wise to keep on doing normal things in life. Otherwise, you will get frustrated if EAD for whatever reason does not end up happening.

A lot of us have wasted so much time in just monitoring forums instead of doing anything useful for career or immigration and it almost gets addictive to keep wasting time.

prasanjpai
04-24-2015, 09:15 AM
If you start waiting you may end up waiting forever. Go spend time with your loved ones back in India . Or invite them (parents or others ) to US if you dont want to take any risk. :)

greenvisa
04-24-2015, 12:08 PM
Charry or prasan or others (whoever are advising without any idea or sense of this),

Are you from IV administrators group?
Are you part of the people who have attended meetings with USCIS or DOS or DOL?
Only IV have any idea or sense of what is going to happen and we are all just waiting for that to happen.
Also do anybody have idea what BrahmanAtman is at in his life?
What does EAD make for him?

If you have free time then please please spend in some productive work but not responding to somebodies life decisions.

Just use this thread info for preparing the documents and put all your energies there.
Patience is key. Everything doesn't happen in 1 day.

Xhris
04-24-2015, 12:17 PM
Yo greenvisa, they are all contributing their two cents because Brahman asked a question. You take it easy. If IV knew something they would publish and if anyone else know anything they publish on their forum too. People post on forum to get others opinion and not to waste time.

Charry or prasan or others (whoever are advising without any idea or sense of this),

Are you from IV administrators group?
Are you part of the people who have attended meetings with USCIS or DOS or DOL?
Only IV have any idea or sense of what is going to happen and we are all just waiting for that to happen.
Also do anybody have idea what BrahmanAtman is at in his life?
What does EAD make for him?

If you have free time then please please spend in some productive work but not responding to somebodies life decisions.

Just use this thread info for preparing the documents and put all your energies there.
Patience is key. Everything doesn't happen in 1 day.

stan1IV
04-24-2015, 01:23 PM
Does this process to be followed for the spouse and family as well? I'm employed and my spouse and children is on H4 (birth certificate & medical examination). Also, recently there are I94 forms when entered the country at airports.

I think this application, birth certificate, medical records are needed for all the people in a family who doesn't have GC or US Citizenship.

stan1IV
04-24-2015, 01:24 PM
As Summer (June-2015) is approaching, most of us are excited for Visiting India & Family Marriage Function. More happiness will come if AOS happens before summer vacation starts.


Visiting India & Happiness in same sentence? Oh irony!
LoL

drevil08
04-24-2015, 02:47 PM
Charry or prasan or others (whoever are advising without any idea or sense of this),

Are you from IV administrators group?
Are you part of the people who have attended meetings with USCIS or DOS or DOL?
Only IV have any idea or sense of what is going to happen and we are all just waiting for that to happen.
Also do anybody have idea what BrahmanAtman is at in his life?
What does EAD make for him?

If you have free time then please please spend in some productive work but not responding to somebodies life decisions.

Just use this thread info for preparing the documents and put all your energies there.
Patience is key. Everything doesn't happen in 1 day.

Don't you understand IV mentioned it cannot share the dates so you will not come to know what to do when. Why are you not using your time productively instead of commenting on comments.

unbeatensujoy
04-24-2015, 03:47 PM
Thank you so MUCH IV team. No ther group has done for EB community till date.

I have EB2 I 140 Approved from my Current employer and I am on H1B. My Spouse and KID has H4 and they are now visiting India for few Months. If time comes and and I can file AOS and they are still in India then how can I file AOS for them? Do they need to be here in US to file AOS? What would be the process for them?
I am in US so I can file for myself anyway.

bom2sfo
04-24-2015, 03:57 PM
I received the same email (prepare your docs) from Mr Dheeraj Kholi today. :confused:

anshu
04-24-2015, 08:22 PM
I received the same email (prepare your docs) from Mr Dheeraj Kholi today. :confused:

Me too, I received same e-mail like previous.
I heart that some hitech group lawsuit again h4 EAD rule, that's true? What happen if they did.?????

sengs
04-24-2015, 09:45 PM
I received the same email (prepare your docs) from Mr Dheeraj Kholi today. :confused:

I don't think that the repeat email was sent by mistake today. It was sent as a reminder to get your papers ready for AOS, and call your local Congress Representative for HR213.

IV team knows very well when you need to prpepare your medicals and how long these records are valid, and therefore would not ask (and remind) you unnecessarily if they are not absolutely sure that something regarding AOS is around the corner.

If you are skeptical and do not trust IV on the AOS issue, at least step up to the forefront and start calling your Representative's office for their support to HR213. #cheers :)

bom2sfo
04-24-2015, 09:49 PM
I completely trust IV and that's the reason why I am here!

bom2sfo
04-24-2015, 09:52 PM
I don't think that the repeat email was sent by mistake today. It was sent as a reminder to get your papers ready for AOS, and call your local Congress Representative for HR213.

IV team knows very well when you need to prpepare your medicals and how long these records are valid, and therefore would not ask (and remind) you unnecessarily if they are not absolutely sure that something regarding AOS is around the corner.

If you are skeptical and do not trust IV on the AOS issue, at least step up to the forefront and start calling your Representative's office for their support to HR213. #cheers :)

I completely trust IV and that's the reason why I am here!
:)

sengs
04-24-2015, 09:55 PM
I completely trust IV and that's the reason why I am here!
:)

Excellent. Hang on, and do whatever needs to be done.

BrahmanAtman
04-25-2015, 11:03 AM
We all know USCIS did confirm that they are moving forward with pre-registration. Reinterpretation/recapture is something for the State Department to deal with.

http://www.immigration-information.com/forums/t...


Last Friday, while not providing a timetable, the USCIS did confirm that they are moving forward with pre-registration. Reinterpretation/recapture is something for the State Department to deal with. The USCIS has no authority there.
------------------------------------------------------------------------------------------------------------

Most important thing is to know TIMIMGS ?

BrahmanAtman
04-25-2015, 11:07 AM
Same news from GREG Siskind

https://twitter.com/gsiskind/status/589106456357658624


Greg Siskind ‏@gsiskind Apr 17
@tweeterjk @satishdotpatel USCIS says they've now agreed how they can do early AOS.But not talking timeframe yet. Seems to be high priority


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

We all know Preregistration (Early AOS) is coming, which may be same as July-2007. But most important thing we want to know is Timing.

BrahmanAtman
04-25-2015, 11:12 AM
What is the 'Task Force on New Americans'? | Rule of Law (http://pjmedia.com/jchristianadams/2015/04/23/homeland-security-working-overtime-to-add-new-americans-by-2016-election/)

DHS may be readying to grant more Green Cards by recapturing unused visas - The American Bazaar (http://www.americanbazaaronline.com/2015/04/24/dhs-may-be-readying-to-grant-more-green-cards-by-recapturing-unused-visas/)






One DHS official who disagrees with the current administration’s policies disclosed DHS “intends to recapture unused visas from years past to grant more visas and LPR [green card] status. In addition to this ‘visa blizzard,’ the agency will allow folks to jam in applications during the blizzard, knowing that the visa applicant/beneficiary is not eligible for the visa.”

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

Most imporant thing we want to know is the TIMING

waitingnwaiting
04-25-2015, 11:22 AM
@BrahmanAtman if your lawyer knows more don't you ask him about timing and tell us?
Why are you asking IV when you are quoting your sources. We all know that if IV says something more than they have told it will risk something. Do you want us all to lose all hope and not let the fix happen? Let us not needle IV for more information. If they want us to tell they will tell us. There must be a reason for it. We need to trust our organization. You are free to trust your lawyer.

waitingnwaiting
04-25-2015, 11:25 AM
BrahmanAtman do you know IV told about the fixes 6 month ago. So your lawyer is not telling something new. It maybe just re telling from IV update. Or maybe you are a lawyer yourself who created an ID this month to find out this information and then you will post on your website with some spices and chutney? :)

sengs
04-25-2015, 11:26 AM
[LIST=1]
Most imporant thing we want to know is the TIMING

Nobody is going to tell you the timeline, for several reasons. I hope you are mature and intelligent enough to understand why ao.

IV has given you an advance notice and has reminded you again yesterday, to get your papers ready. If you trust in IV, stop asking the same question again and again, and utilize the time to get your papers ready.

ng2013
04-25-2015, 01:02 PM
Thanks to all the efforts by IV team we do see some hope of getting to a stabler status in US and may be get on with the plans which are on hold primarily because of immigration status.

I do have one question. How long is the opportunity window expected to be? I am getting my documents ready as per IV's advice but will have to travel out of US for business and I am worried if the window of opportunity is small then I might miss the train. Can IV at least comment on that?

on another note I think the medical form I-693 is going to be a hassle for a lot of people. I tried calling a lot of CS in my area and they do SELL a package for this with varies from $300-600 + cost of shots etc. And a lot of the don't work with insurance for this as this is a package sale not a medical service :) . Appointment vary from same day to a month so I would advice people to get on with that. The form is valid for a year so its a calculated risk to take.

waitingnwaiting
04-25-2015, 02:05 PM
Thanks to all the efforts by IV team we do see some hope of getting to a stabler status in US and may be get on with the plans which are on hold primarily because of immigration status.

I do have one question. How long is the opportunity window expected to be? I am getting my documents ready as per IV's advice but will have to travel out of US for business and I am worried if the window of opportunity is small then I might miss the train. Can IV at least comment on that?

on another note I think the medical form I-693 is going to be a hassle for a lot of people. I tried calling a lot of CS in my area and they do SELL a package for this with varies from $300-600 + cost of shots etc. And a lot of the don't work with insurance for this as this is a package sale not a medical service :) . Appointment vary from same day to a month so I would advice people to get on with that. The form is valid for a year so its a calculated risk to take.

This is another smart question trying to get more information from IV.Why can't we just accept what IV tells us. If there is more they can tell they would have already told us.

sundarpn
04-25-2015, 04:51 PM
We all know USCIS did confirm that they are moving forward with pre-registration.
...
Last Friday, while not providing a timetable, the USCIS did confirm that they are moving forward with pre-registration.
...


Quick question:
Will this "pre-registration" (whenever it becomes active), allow filing spouses I-485?

I filed my AOS back in 2007 and was not married then. My wife continues on her H1b and doesn't have AOS benefits which I alone have (Till now I haven't used EAD & kept my H1b alive).

thanks

Ramalingam
04-25-2015, 05:26 PM
Quick question:
Will this "pre-registration" (whenever it becomes active), allow filing spouses I-485?

I filed my AOS back in 2007 and was not married then. My wife continues on her H1b and doesn't have AOS benefits which I alone have (Till now I haven't used EAD & kept my H1b alive).

thanks


I think it is not a pre registration. As I previously mentioned may be recapture because pre registration will take at least 6 more months to come for implementation. IV's news is indication of recapture or similar to that

XXIV (http://immigration-law.com/XXIV.html)

April 24, 2015 - The American Bazaar (http://www.americanbazaaronline.com/2015/04/24/)...

http://www.huffingtonpost.com/herbie-ziskend/gr...

advik20
04-25-2015, 06:38 PM
I think it is not a pre registration. As I previously mentioned may be recapture because pre registration will take at least 6 more months to come for implementation. IV's news is indication of recapture or similar to that

XXIV (http://immigration-law.com/XXIV.html)

April 24, 2015 - The American Bazaar (http://www.americanbazaaronline.com/2015/04/24/)...

http://www.huffingtonpost.com/herbie-ziskend/gr...

when is the next visa bulletin?

dhruva12
04-25-2015, 06:50 PM
when is the next visa bulletin?

If it happens next month, I will have to get a Tatoo with IV's name for what they have done so far ... but again, disappointed too many times before ..

There seems to some smoke with "recapture" appearing from other sources well.. I hope the fire is real and not the smoke from our bolly movies ..:-)

greenvisa
04-25-2015, 10:54 PM
This is my guess :)

Due to the efforts of Colleague letter by Democrats I believe Obama administration has found a way to recapture the visa's. So if this is implemented then the visa bulletin can be made current just like bush did in 2007.

But but all will not get visa numbers because the country limitations will apply.
So technically though there will be a pool of 200k to 250k visas most of them might go waste or couldn't be allocated due to country limitation.
So we need HR213 to be passed so that these visa numbers are not wasted.

But this is just for info.
Thanks to IV for this headsup. Birth certificate and Medicals are time consuming one's to gather.
Keep collecting your documents.

dhruva12
04-25-2015, 11:39 PM
This is my guess :)

Due to the efforts of Colleague letter by Democrats I believe Obama administration has found a way to recapture the visa's. So if this is implemented then the visa bulletin can be made current just like bush did in 2007.

But but all will not get visa numbers because the country limitations will apply.
So technically though there will be a pool of 200k to 250k visas most of them might go waste or couldn't be allocated due to country limitation.
So we need HR213 to be passed so that these visa numbers are not wasted.

But this is just for info.
Thanks to IV for this headsup. Birth certificate and Medicals are time consuming one's to gather.
Keep collecting your documents.

Does anyone know who would stand a chance to get one if this happened? I mean what prio date for EB2 or EB3?

rsr_am
04-26-2015, 12:31 PM
Just so I am prepared for the medical exam, have couple of Qs:

1) How long does it take for the entire medical exam process to complete before the civil surgeon gives a sealed envelope for an indian adult 30+ without any 'waivers'..Don't want to shortcut the process - I am willing to take all the vaccinations have no mental health conditions/no TB/no syphilis/no drug related issue.

2) Does 1 year validity time line begin from the day surgeon gives the sealed envelope or the first day the tests begin

3) I-693 has a field for A -number, which is optional.. Is it desirable to have it before submitting the I-693?

greyhair
04-26-2015, 01:15 PM
This is my guess :)

Due to the efforts of Colleague letter by Democrats I believe Obama administration has found a way to recapture the visa's. So if this is implemented then the visa bulletin can be made current just like bush did in 2007.

But but all will not get visa numbers because the country limitations will apply.
So technically though there will be a pool of 200k to 250k visas most of them might go waste or couldn't be allocated due to country limitation.
So we need HR213 to be passed so that these visa numbers are not wasted.

But this is just for info.
Thanks to IV for this headsup. Birth certificate and Medicals are time consuming one's to gather.
Keep collecting your documents.

There is nothing in the letter from House Democrats to give Obama Administration a new way. I don't think recapture can be done with Congress passing a bill.

prince_nagi@yahoo.com
04-26-2015, 02:16 PM
If it's not recapture and aos ... Then what else we are talking about. However , till now what ever I have seen with IV is that they been very upfront and has given very good inputs, keeping my faith and not questing , I am working on my paper work. What ever it is that going to come will be better than then situation I am in.

IV all the best, hope to hear some good news soon ..

gc4evet
04-26-2015, 03:17 PM
If it's not recapture and aos ... Then what else we are talking about. However , till now what ever I have seen with IV is that they been very upfront and has given very good inputs, keeping my faith and not questing , I am working on my paper work. What ever it is that going to come will be better than then situation I am in.

IV all the best, hope to hear some good news soon ..

I totally agree

sengs
04-26-2015, 05:03 PM
If it's not recapture and aos ... Then what else we are talking about. However , till now what ever I have seen with IV is that they been very upfront and has given very good inputs, keeping my faith and not questing , I am working on my paper work. What ever it is that going to come will be better than then situation I am in.

IV all the best, hope to hear some good news soon ..

Absolutely agree with you. There are a lot of people who present their own view as binding, and as if they are representing IV. As long as I am not hearing from Admin I do not care what they say. :mad:

Till now I have never come across where IV has given advice/direction not knowing what what is coming beyond the corner. And I want to say it again like prince_nagi: "Whatever it is that is going to come will be better than then situation I am in."

advik20
04-26-2015, 08:06 PM
Absolutely agree with you. There are a lot of people who present their own view as binding, and as if they are representing IV. As long as I am not hearing from Admin I do not care what they say. :mad:

Till now I have never come across where IV has given advice/direction not knowing what what is coming beyond the corner. And I want to say it again like prince_nagi: "Whatever it is that is going to come will be better than then situation I am in."

Suspense is killing me.

my Tickets to India is booked for may 15th.

greenvisa
04-26-2015, 08:13 PM
There is nothing in the letter from House Democrats to give Obama Administration a new way. I don't think recapture can be done with Congress passing a bill.

Not sure if you were aware of there was one campaign requesting to call democratic representative 2 months back for "colleague letter support" by IV. Signatures required were 100 but 69 were received. That exercise was for recapture.

advik20
04-26-2015, 08:18 PM
Not sure if you were aware of there was one campaign requesting to call democratic representative 2 months back for "colleague letter support" by IV. Signatures required were 100 but 69 were received. That exercise was for recapture.

so is the visa recapture happening.

I have my tickets booked for may 15

485 filed in July 07

really worried and confused if I should cancel my tickets or cancel till visa bulletin is out.

hope it is out by may 12-13

unbeatensujoy
04-26-2015, 08:53 PM
Thank you so much IV team for all of your effort.
No other group has done so much for EB community till date.

EB2 I-140 Approved from my Current employer and is US and would be able to file AOS for myself. But My Spouse and KID has H4 and they are now visiting India for few Months.

Is it possible to file my AOS from US and AOS for my spouse and Kids from India while they are in India?

Or Do they need to be here in US to file AOS? What would be the process for them?

advik20
04-26-2015, 08:55 PM
Thank you so much IV team for all of your effort.
No other group has done so much for EB community till date.

EB2 I-140 Approved from my Current employer and is US and would be able to file AOS for myself. But My Spouse and KID has H4 and they are now visiting India for few Months.

Is it possible to file my AOS from US and AOS for my spouse and Kids from India while they are in India?

Or Do they need to be here in US to file AOS? What would be the process for them?

They need to be here.

thats why I am getting worked up

but nobody is answering my Q

dont blame them they have to be politically correct.

Amman
04-26-2015, 10:10 PM
Looks like this issue is taking new turn now.

Report: DHS Adding Millions of 'New Americans' to Vote Democrat in 2016 (http://insider.foxnews.com/2015/04/25/report-dhs-adding-millions-new-americans-vote-democrat-2016)

What is the 'Task Force on New Americans'? | Rule of Law (http://pjmedia.com/jchristianadams/2015/04/23/homeland-security-working-overtime-to-add-new-americans-by-2016-election/)

euphoria88
04-27-2015, 12:00 AM
I am in a trciky situation with current I140EAD hope and IV's positive comments on all eb PD's may become current soon

My I140 approved last year with EB3 PD in 2014, now I got a decent fulltime offer with eb2 gc promise.
Upgrade to EB2 is one of the reason for considering the new offer. I cannot ask them to wait for more than 1-2 weeks from now.

I am sure my present employer will not file I1485/AoS after I quit but will file I485 if PDs become current. so predicting the possibility of this new hope is really critical for me.


Is it worth counting on this positive hope? or it is better to take this offer.

Experts please suggest/comment on my situation

HopeforBEST
04-27-2015, 10:39 AM
I am not an expert..nor affiliated with any group...just wanted to share thoughts with people who are in same boat...

Consider this before acting :
1) any news till it is released by relevant authority is a speculation, certain organization who want to help people like us try to give heads up..with information they have in hand. Like IV or anyother

2) every action that is taken by authority will take time to implement.

Take appropriate action as required based on your situation...In MY opinion at this critical time period..avoid any drastic changes, like moving to New employer who has promised to sponser EB2 GC..when you already have in hand EB3 GC process completed at a stage.

check this news, I am not sure about authenticity of the site....

DHS may be readying to grant more Green Cards by recapturing unused visas - The American Bazaar (http://www.americanbazaaronline.com/2015/04/24/dhs-may-be-readying-to-grant-more-green-cards-by-recapturing-unused-visas/)

greyhair
04-27-2015, 11:04 AM
I am not an expert..nor affiliated with any group...just wanted to share thoughts with people who are in same boat...

Consider this before acting :
1) any news till it is released by relevant authority is a speculation, certain organization who want to help people like us try to give heads up..with information they have in hand. Like IV or anyother

2) every action that is taken by authority will take time to implement.

Take appropriate action as required based on your situation...In MY opinion at this critical time period..avoid any drastic changes, like moving to New employer who has promised to sponser EB2 GC..when you already have in hand EB3 GC process completed at a stage.

check this news, I am not sure about authenticity of the site....

DHS may be readying to grant more Green Cards by recapturing unused visas - The American Bazaar (http://www.americanbazaaronline.com/2015/04/24/dhs-may-be-readying-to-grant-more-green-cards-by-recapturing-unused-visas/)

If you are not sure if this news is authentic then what is the point of sharing? :p

American Bazaar sounds more like a place to transact business. I don't trust this new unless IV can validate and tell otherwise. Similar news about recapture and dependents exemption was played over and over again in all news media outlets leading up to President's announcement. IV was telling us back then that they pushed for recapture and dependents exemption but it will not be in the President's announcement. I remember some people were angry at IV for even saying that recapture and dependents exemption were not happening.

Now you start another round of "recapture news". For your information, this is not news, this is called lying to get more clicks.

waitingnwaiting
04-27-2015, 01:58 PM
I am not an expert..nor affiliated with any group...just wanted to share thoughts with people who are in same boat...

Consider this before acting :
1) any news till it is released by relevant authority is a speculation, certain organization who want to help people like us try to give heads up..with information they have in hand. Like IV or anyother

2) every action that is taken by authority will take time to implement.

Take appropriate action as required based on your situation...In MY opinion at this critical time period..avoid any drastic changes, like moving to New employer who has promised to sponser EB2 GC..when you already have in hand EB3 GC process completed at a stage.

check this news, I am not sure about authenticity of the site....

DHS may be readying to grant more Green Cards by recapturing unused visas - The American Bazaar (http://www.americanbazaaronline.com/2015/04/24/dhs-may-be-readying-to-grant-more-green-cards-by-recapturing-unused-visas/)

As his highness Vadra says- 'Are you serious?'

Are you really serious posting just any link from the internet? Maybe you are the owner or employee of the website looking for traffic. But if you are a high skilled employee with good education, are you serious? Will you trust any pajama news website or pajama lawyer website?

WhyThisOnePostDi
04-27-2015, 02:15 PM
Who's Highness Vadre? Ron Hira?

As his highness Vadra says- 'Are you serious?'

Are you really serious posting just any link from the internet? Maybe you are the owner or employee of the website looking for traffic. But if you are a high skilled employee with good education, are you serious? Will you trust any pajama news website or pajama lawyer website?

sengs
04-27-2015, 06:00 PM
Finished the medical tests today - second day - TB rosette readout. Waiting for the civil surgeon's office to complete and hand over the I-693 envelope.

Birth certificates and affidavits ready - dont know if we will need the affidavits though- everything is in English.

Never have used any attorney, and not using this time either. ;)

bluesky19
04-27-2015, 09:02 PM
Finished the medical tests today - second day - TB rosette readout. Waiting for the civil surgeon's office to complete and hand over the I-693 envelope.

Birth certificates and affidavits ready - dont know if we will need the affidavits though- everything is in English.

Never have used any attorney, and not using this time either. ;)


Hello,

Can you pls let me know what all are required to do the medicals..
how many days to complete vaccination, how many shots to take and what the cost for each person?
looks like you are all set.. i think i would go ahead and be ready too :)
Thanks in advance.. hope for the best !!

sengs
04-28-2015, 06:32 AM
Hello,

Can you pls let me know what all are required to do the medicals..
how many days to complete vaccination, how many shots to take and what the cost for each person?
looks like you are all set.. i think i would go ahead and be ready too :)
Thanks in advance.. hope for the best !!

Hi,

My situation may be different than yours. Both me and my spouse work for two different hospitals, and we had to be vaccinated and titered as a part of our employment terms. This vaccination records, I believe, is already in US Medical records. We had to provide our official records to the civil surgeon, and hence avoided the lengthy vaccination schedule, costs etc. Just had to go through physical, blood tests for syphilis and TB skin test. Further my expenses have been covered by my insurance, just had to pay the office visit copay. Please call a few civil surgeon's office to find out who accepts your insurance, if you have one. Many of these offices don't, and instead try to sell you expensive packages even if you dont need them.

If you do not have this advantage, I suggest you start your process sooner because vaccination schedule may take some time. I am taking IV's directives very seriously so that I have all the documents ready, and can be submitted on demand. Best of luck. :)

DMX17
04-28-2015, 07:48 AM
Finished the medical tests today - second day - TB rosette readout. Waiting for the civil surgeon's office to complete and hand over the I-693 envelope.

Birth certificates and affidavits ready - dont know if we will need the affidavits though- everything is in English.

Never have used any attorney, and not using this time either. ;)

Way to go Sengs!

Quick question - how long is the sealed envelop valid for?

advik20
04-28-2015, 08:03 AM
Hi,

My situation may be different than yours. Both me and my spouse work for two different hospitals, and we had to be vaccinated and titered as a part of our employment terms. This vaccination records, I believe, is already in US Medical records. We had to provide our official records to the civil surgeon, and hence avoided the lengthy vaccination schedule, costs etc. Just had to go through physical, blood tests for syphilis and TB skin test. Further my expenses have been covered by my insurance, just had to pay the office visit copay. Please call a few civil surgeon's office to find out who accepts your insurance, if you have one. Many of these offices don't, and instead try to sell you expensive packages even if you dont need them.

If you do not have this advantage, I suggest you start your process sooner because vaccination schedule may take some time. I am taking IV's directives very seriously so that I have all the documents ready, and can be submitted on demand. Best of luck. :)


Assuming that Recapture does happen.

All those who had filed 485 in July 07 and are waiting for a VISA number

Do they need to go for bio-metrics and vaccination again

unluckydude
04-28-2015, 09:42 AM
Finished the medical tests today - second day - TB rosette readout. Waiting for the civil surgeon's office to complete and hand over the I-693 envelope.

Birth certificates and affidavits ready - dont know if we will need the affidavits though- everything is in English.

Never have used any attorney, and not using this time either. ;)

Can we do the medical test early? I thought admin said something else.

If your leading question is designed to provoke a response to somehow know the timeline, then please don't waste your time.

If we say yes, then somehow you will understand that something is happening next week.
If we say no, then you might interpret that something might be happening later.

You got to have some trust. We have shared what we could. Any more information is not relevant at this time. As advised in numerous online discussions, medical test should be done only after you are eligible to file for AOS, whenever that might be.

harishps123
04-28-2015, 10:31 AM
Sengs, Did you complete your I693/medicals based on IVs directive? If so, I am also going to do the same.

Hi,

My situation may be different than yours. Both me and my spouse work for two different hospitals, and we had to be vaccinated and titered as a part of our employment terms. This vaccination records, I believe, is already in US Medical records. We had to provide our official records to the civil surgeon, and hence avoided the lengthy vaccination schedule, costs etc. Just had to go through physical, blood tests for syphilis and TB skin test. Further my expenses have been covered by my insurance, just had to pay the office visit copay. Please call a few civil surgeon's office to find out who accepts your insurance, if you have one. Many of these offices don't, and instead try to sell you expensive packages even if you dont need them.

If you do not have this advantage, I suggest you start your process sooner because vaccination schedule may take some time. I am taking IV's directives very seriously so that I have all the documents ready, and can be submitted on demand. Best of luck. :)

unbeatensujoy
04-28-2015, 10:38 AM
I also think that, as Admin said, You cannot start Medical test until your priority dates are current.

sengs
04-28-2015, 10:47 AM
Doesn't matter at doctors office or to get the form ready.You cannot submit the form to USCIS before your dates are current.

unluckydude
04-28-2015, 10:52 AM
Doesn't matter at doctors office or to get the form ready.You cannot submit the form to USCIS before your dates are current.

Admin, can you clarify please? It will help us beat the rush if the medical tests can be done any time.

ragunath
04-28-2015, 11:13 AM
I believe the physician signed form will be valid for a year. In Tampa, FL, I was told by the physician's ofc that its around two week process to complete the physical. It will cost around $400-$500 per person. All this is based on no medical records for immunization and not going through insurance.

sengs
04-28-2015, 11:26 AM
Guys, why don't you read the I-693 instructions instead of asking questions or doubting others? Or do you need to be spoonfed by your attorneys?

braveone
04-28-2015, 11:27 AM
Please see instructions for form I-693 - Instructions for I-693 (http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf). And please schedule appointment with USCIS approved civil surgeons only after your date is current and ready to file AOS.

I remember reading earlier that admin said doing medical test only after the dates are current. I could not find another post by Admin to suggest that we should start doing medical test. Maybe I missed that post. Was that in the newsletter? I don't receive IV newsletter

sengs
04-28-2015, 12:13 PM
http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf

gopal008
04-28-2015, 02:11 PM
Do I need to fill below forms for dependents as well ? I am assuming but just want to sure.

I-485: Application to Register Permanent Residence or Adjust Status.
G-325A: Biographic Information
I-765: Application for Employment Authorization (EAD)
I-131: Application for Travel Document (AP)
I-693: Report of Medical Examination and Vaccination Record
///I-864: Affidavit of Support, required if filing for dependents

sengs
04-28-2015, 02:15 PM
Do I need to fill below forms for dependents as well ? I am assuming but just want to sure.

I-485: Application to Register Permanent Residence or Adjust Status.
G-325A: Biographic Information
I-765: Application for Employment Authorization (EAD)
I-131: Application for Travel Document (AP)
I-693: Report of Medical Examination and Vaccination Record
///I-864: Affidavit of Support, required if filing for dependents

Yes. For each eligible dependent.

gopal008
04-28-2015, 02:19 PM
Yes. For each eligible dependent.

Thank you.

DMX17
04-28-2015, 04:15 PM
I just dug up the web and it looks like the I693 sealed envelop can be submitted to USCIS within one year. Other conditions as stated below:

Review of Medical Examination Documentation - Chapter 4, Part B, Volume 8 | Policy Manual | USCIS (http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html#S-C-4)

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:​



•The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations​;​


•The medical examination report was properly completed​;​ [21] ​


•The medical examination report was submitted to USCIS less than one year after completion of the examination​;​ [22] ​


•The benefit application​ [23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS​;​ [24] and​


•The medical examination report establishes that the applicant does not have a Class ​A​ medical condition and has complied with the vaccination requirements or is granted a waiver.​ [25]

gopal008
04-28-2015, 07:10 PM
My birth certificate doesn't has full name of parents. Do I need an affidavit from both parents ? Is there sample for this ?

braveone
04-28-2015, 07:53 PM
My birth certificate doesn't has full name of parents. Do I need an affidavit from both parents ? Is there sample for this ?

Answers to all your questions are mentioned on page 1. Read this page and you will get answers and sample affidavit-

Questions and Answers on How to file Adjustment Of Status - Immigration Voice (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096229-questions-and-answers-on-how-to-file-adjustment-of-status.html)

gopal008
04-28-2015, 09:58 PM
Thank you. Do I need the original affidavit or a copy of the affidavit is fine ?

gc4evet
04-28-2015, 11:16 PM
Thank you. Do I need the original affidavit or a copy of the affidavit is fine ?

Copy should be fine, may be required if USCIS requests it.

Itsmorethanacard
04-29-2015, 12:16 AM
I have an issue with my wife's place of birth information on passport and birth Certificate. While the place of birth in her birth certificate is correct, when it was entered in the passport application form it was entered as the city of her residence (the person who filled the application just assumed it instead of looking at the BC!!). So my question is can we get the affidavit from her mother stating that the discrepancy in birth place is result of an error while filing the passport application? Will that be fine? Or should we correct it in the passport which will take sometime to get...?

dkshitij
04-29-2015, 11:11 AM
I would like to thank IV for putting out this information. It is extremely helpful and precise.

It is easy enough to get form and copies of documents ready thanks to the instructions provided.

I would like to know if IV is suggesting get the medicals done now or once the announcement for filing paperwork is made through the official channels of USCIS.

The reason I ask is that medicals have limited validity in time (about a year before USCIS actually receives and processes it?) and incur cost.

Thank you for all your help.

Flyingcrow
04-29-2015, 01:06 PM
Dear dkshitij

Administrator in response to a question of same nature on this thread had clearly mentioned that Medicals should be taken only when one is truly eligible to apply for AOS - Which would mean that wait until it becomes official. Until things are official, nothing is real. So please hang in there. The other things documents wise can be done right now, regarding medical choose the Doctor, have your documents related to vaccination already done ready, if possible keep aside fees for the doctor as well ready.

Thanks
The Flying Crow

konerusai
04-29-2015, 01:27 PM
@Flyingcrow nicely explained.

dkshitij
04-29-2015, 01:37 PM
Thank you for the quick response. I appreciate it.

sengs
04-29-2015, 01:37 PM
By sending reminder newsletter on Friday 24th April, IV Admin has effectively implied increased importance of the issue. It takes 2-3 weeks to get medicals done, if not more should you need extra vaccinations. It is your take, how you understand the importance of these communications.

At the beginning of this thread, Admin has clearly mentioned that "While things are being worked upon, we want to ensure that you are equipped to take benefit of these fixes on a short notice. We think it is in your best interest to make this a priority and be prepared if/when an opportunity is presented." Take the cues from here and proceed if you want to.

shagreen
04-29-2015, 03:18 PM
Regarding getting documents ready, My priority date is Jun 2007 EB3. I-140 was approved in Jun 2007. I-485 was filed in Aug 2007. I have switched companies in 2014. New company has filed PERM and will be filing I-140 in EB2 category.

Was wondering if and when if dates become current (hopefully), in this situation as my i-485 was already filed in Aug 2007, do i need to have any other documents ready ?

Flyingcrow
04-29-2015, 04:02 PM
By sending reminder newsletter on Friday 24th April, IV Admin has effectively implied increased importance of the issue. It takes 2-3 weeks to get medicals done, if not more should you need extra vaccinations. It is your take, how you understand the importance of these communications.

At the beginning of this thread, Admin has clearly mentioned that "While things are being worked upon, we want to ensure that you are equipped to take benefit of these fixes on a short notice. We think it is in your best interest to make this a priority and be prepared if/when an opportunity is presented." Take the cues from here and proceed if you want to.

Dear sengs

For most people it is not about getting serious about it, its about the cost involved. If its a mere 100 usd for entire family, I would just do it and keep it ready whether or not its coming, just because I see this alert from IV. But for some others even this 100 might be a big amount to be wasted.

I tried to look up the post where admin had advised to hold off until it is official / until one is eligible to file AOS. Weird.. I could not locate it!

Thanks
The Flying Crow

braveone
04-29-2015, 04:16 PM
Please see instructions for form I-693 - Instructions for I-693 (http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf). And please schedule appointment with USCIS approved civil surgeons only after your date is current and ready to file AOS.

It is here

sengs
04-29-2015, 04:16 PM
Dear sengs

For most people it is not about getting serious about it, its about the cost involved. If its a mere 100 usd for entire family, I would just do it and keep it ready whether or not its coming, just because I see this alert from IV. But for some others even this 100 might be a big amount to be wasted.

I tried to look up the post where admin had advised to hold off until it is official / until one is eligible to file AOS. Weird.. I could not locate it!

Thanks
The Flying Crow

I agree.

My simple advice is to get things ready or get the balls rolling. It involves costs, and importantly time (2-3 weeks at least if you already don't have vaccinations), and lots of paperworks for G-325A, esp. if you and your spouse we both working on H-1B or came here as F-1/J-1.

It would be sad to see any of us, who had been waiting for this golden moment, to lose this opportunity, just because one would wait for USCIS to announce. I believe in what IV has conveyed to us, and would get myself ready for whatever is coming.

The I-693 instructions posted earlier does not say anywhere that you cannot have your medicals done before you are eligible for AOS. The USCIS policy manual also does not say that. It is valid for one year, and considering how slowly USCIS will work to process your I-485 (if recaptured), one will definitely need the medicals to be redone next year.

Just don't miss this chance.

braveone
04-29-2015, 04:20 PM
If your leading question is designed to provoke a response to somehow know the timeline, then please don't waste your time.

If we say yes, then somehow you will understand that something is happening next week.
If we say no, then you might interpret that something might be happening later.

You got to have some trust. We have shared what we could. Any more information is not relevant at this time. As advised in numerous online discussions, medical test should be done only after you are eligible to file for AOS, whenever that might be.

And on page 2 of this thread

Flyingcrow
04-29-2015, 04:34 PM
Thanks for looking it up @braveone.

@Sengs, I absolutely agree with your view. I have all the docs ready except for this medical, to be frank I did some of the vaccination following the November announcement. If there is even a 90% chance this will happen within 365 years, i will do it now. But... :confused:

sengs
04-29-2015, 04:44 PM
@Sengs, I absolutely agree with your view. I have all the docs ready except for this medical, to be frank I did some of the vaccination following the November announcement. If there is even a 90% chance this will happen within 365 years, i will do it now. But... :confused:

IV has never given us wrong or ill-informed action items. I don't think IV is going to give us a false start this time either. Please have faith. :)

I have gotten myself and my family ready. It was expensive, but we had to spend that any way or the other (my insurance will cover it actually, please find out if yours will). I don't want to lose the opportunity that is coming up.

It is one's own choice to do what they think best. Make a learned choice, that's it. Best of luck.

Flyingcrow
04-29-2015, 04:53 PM
@Sengs Will flip a coin tonight and decide :).

(Btw I meant 365 days, not years!)

gc4evet
04-29-2015, 04:58 PM
@Sengs Will flip a coin tonight and decide :).

(Btw I meant 365 days, not years!)

here is the Link (http://immigrationvoice.org/forum/3586237-post25.html) to the admin response

sengs
04-29-2015, 04:59 PM
@Sengs Will flip a coin tonight and decide :).

(Btw I meant 365 days, not years!)

Please enquire if your insurance (assuming we all have one) will cover the costs. The doctor's office has simply billed this as regular PE codes. This will reduce the financial burden a lot.

Flyingcrow
04-29-2015, 04:59 PM
@sengs After little more thought, going by admin's specific directive on the medicals, I will hold off until it is official.

Flyingcrow
04-29-2015, 05:00 PM
Please enquire if your insurance (assuming we all have one) will cover the costs. The doctor's office has simply billed this as regular PE codes. This will reduce the financial burden a lot.

Would not that be just for the vaccination? The actual test I guess would be 500 per person or so, and will not be covered by insurance..that is what i have heard from folks.

sengs
04-29-2015, 05:04 PM
Would not that be just for the vaccination? The actual test I guess would be 500 per person or so, and will not be covered by insurance..that is what i have heard from folks.

The office I went to, charged $220 per person for just the blood tests, TB tests and PE. I didn't have to do vaccinations. Now, I don't know if that is their package, or if they charge more vaccinations.

solarjf11
04-29-2015, 07:44 PM
The office I went to, charged $220 per person for just the blood tests, TB tests and PE. I didn't have to do vaccinations. Now, I don't know if that is their package, or if they charge more vaccinations.

As part of the preventive care benefits in affordable care act, all insurance companies have to cover preventive services like immunization vaccines for adults. There should not be any co-pay, co-insurance, deductible etc. Pls see the link https://www.healthcare.gov/preventive-care-benefits/.

I think they may cover titer tests as well. We should check with our insurance company on this.

sengs
04-29-2015, 08:24 PM
As part of the preventive care benefits in affordable care act, all insurance companies have to cover preventive services like immunization vaccines for adults. There should not be any co-pay, co-insurance, deductible etc. Pls see the link https://www.healthcare.gov/preventive-care-benefits/.

I think they may cover titer tests as well. We should check with our insurance company on this.

Hey, this is a very helpful information. My insurance said that I will be reimbursed but I thought I they will deduct the office visit copay. I shall confirm with them if they will reimburse the entire amount or not. Thank you very much solarjf11.

This should also be helpful for anyone who is scared of the costs involved. Once you call the civil surgeon's office please confirm with them if they will accept your insurance, or call your insurance company and find out if the civil surgeon is an approved provider. If not there are several choices available. Unless, your insurance is like mine where I can go anywhere I want, coast-to-coast.

solarjf11
04-29-2015, 11:19 PM
Hey, this is a very helpful information. My insurance said that I will be reimbursed but I thought I they will deduct the office visit copay. I shall confirm with them if they will reimburse the entire amount or not. Thank you very much solarjf11.

This should also be helpful for anyone who is scared of the costs involved. Once you call the civil surgeon's office please confirm with them if they will accept your insurance, or call your insurance company and find out if the civil surgeon is an approved provider. If not there are several choices available. Unless, your insurance is like mine where I can go anywhere I want, coast-to-coast.

Called up my insurance company. Adult immunizations are 100% covered and no cost to a patient. Titer test is also a covered benefit but deductible/co-insurance is applied. Insurance company can not provide a cost for the titer test until it is submitted & processed. Weird.

Anyone knows how much titer tests would cost after the insurance discount?

jaguaero
04-30-2015, 11:07 AM
I maybe talking out of line here but the reason why insurance companies don't cover is because the tests are not for preventive care. These are for immigration purposes. The moment they sign the form they know why its being done and insurance will reject it because of a different code. Just my 2 cents and I maybe wrong here.

ksujee2000
04-30-2015, 02:21 PM
Anybody please send immunization certified letter format and what shots need to be mentioned.I am trying to start this and get ready when time come just goto USCIS Certified Civil Surgeon and hand off this document.
I know all of us had shots in childhood but never recorded on paper.

Thanks to one and all.

sripk
04-30-2015, 03:37 PM
Hi All, Are below vaccinations listed on I693 mandatory and what should be their schedule?
Please advise.

Hib
Hepatitis A/B
Pneumonococcal
Meningococcal
Rotavirus
Varicella

Bhishma
04-30-2015, 03:56 PM
Under the current system, you cannot use approved I-140 from previous employer to file AOS. But you could file AOS from your old employer. All you need from your old employer is the letter from employer (please look for the letter format above).

I am saddened by the fact that my previous employer who happens to be a top 3 consulting firm will not issue me such a letter. I hope the admin fixes will allow those of us who have an approved I-140 from a previous employer to also file for AOS

indianoptimist123
04-30-2015, 04:24 PM
The Presidents executive action allowing everybody to file 485 after 140 is still on the table? Could the Admins please clarify this.

neodyn55
04-30-2015, 04:53 PM
I am saddened by the fact that my previous employer who happens to be a top 3 consulting firm will not issue me such a letter. I hope the admin fixes will allow those of us who have an approved I-140 from a previous employer to also file for AOS

Yeah this is a problem, and to be honest isn't it 'not acting in good faith' to get such a letter from an employer that you have no intention of joining in the future? And how would you convince USCIS of the above without paystubs or other proof if an RFE comes through - which can lead to danger of I-485 rejection?

Surprised to see IV recommend this move.

Also disappointed that by connecting the dots all I can see at the horizon is some way that USCIS will make everyone current for a month or two, like 2007. That was a bad idea that pushed priority dates back by eons for everyone, including EB3I. It basically a got a bunch of people stuck with EADs and unable to move to significantly different positions, and a bunch of new 'slaves' whose priority dates were significantly in the past.

If this is what IV is advocating for, I suggest it's a bad, shortsighted idea, and instead spend more energy on fixes that can improve the quality of life for all (but might take longer).

And I'm saying this as an IV supporter and donator, with even doing advocacy for HR213 in political offices.

nohohon
04-30-2015, 05:41 PM
Yeah this is a problem, and to be honest isn't it 'not acting in good faith' to get such a letter from an employer that you have no intention of joining in the future? And how would you convince USCIS of the above without paystubs or other proof if an RFE comes through - which can lead to danger of I-485 rejection?
Surprised to see IV recommend this move.


All IV has suggested in terms of using I-140 from a former employer is to get a supporting letter from that employer. At no point is the recommendation to not act in good faith or to game the system. The suggestion - should one choose to act on it - implies that the applicant intends to return to their former employer and that the employer is willing to take them back.

solarjf11
04-30-2015, 06:49 PM
All IV has suggested in terms of using I-140 from a former employer is to get a supporting letter from that employer. At no point is the recommendation to not act in good faith or to game the system. The suggestion - should one choose to act on it - implies that the applicant intends to return to their former employer and that the employer is willing to take them back.

The intention is to join back to the former employer once he/she received the green card.

Since most (or all) of the people are not going to get the green card within 6 months, Is it possible to work on the EAD under AC-21 rule with the new employer after 6 months?

Admin/Pappu, can you answer the above question, please?

neodyn55
04-30-2015, 09:20 PM
All IV has suggested in terms of using I-140 from a former employer is to get a supporting letter from that employer. At no point is the recommendation to not act in good faith or to game the system. The suggestion - should one choose to act on it - implies that the applicant intends to return to their former employer and that the employer is willing to take them back.

Can I file I-485 with my current employer based on previous employer's approved I-140? - Avvo.com (http://www.avvo.com/legal-answers/can-i-file-i-485-with-my-current-employer-based-on-1579783.html)

Sure, it may be possible, but I double the USCIS will be so blasé about letting it go without an RFE. To me it sounds like exactly following the letter of the law, but not the spirit. Not that I'm a stickler for the law, but I doubt USCIS would be this amused.

Anyway it's a moot point; what self respecting company would provide this letter when it's clear that the employee left for better waters elsewhere?

dhruva12
04-30-2015, 10:40 PM
Just got an email from aman that a good news awaits on 5/4 ... I don't want to steel his thunder, but surprised to not see it here already :-) ...

Thanks IVVVVVVVVVVVVVVVVVV

sengs
04-30-2015, 10:51 PM
By sending reminder newsletter on Friday 24th April, IV Admin has effectively implied increased importance of the issue. It takes 2-3 weeks to get medicals done, if not more should you need extra vaccinations. It is your take, how you understand the importance of these communications.

At the beginning of this thread, Admin has clearly mentioned that "While things are being worked upon, we want to ensure that you are equipped to take benefit of these fixes on a short notice. We think it is in your best interest to make this a priority and be prepared if/when an opportunity is presented." Take the cues from here and proceed if you want to.

Preparation is the Key- Right said the Alchemist :D:D:D

krish2005
04-30-2015, 10:52 PM
One more positive news again from IV.. I wish dreams come true.


Krishna

thokkalohdi
04-30-2015, 11:15 PM
:confused: whats the newss????? any gueses?

krish2005
04-30-2015, 11:24 PM
:confused: whats the newss????? any gueses?

thokkalohdi: Everybody is as excited as you. Just wish that dreams come true. If they make dates current or allow to file AOS for i140 approved candidates as per EO then that is headlines. Just wish that they make headlines and heal our long ailed wounds.

:D:D:D:D

The Alchemist
04-30-2015, 11:24 PM
IV Newsletter Links - Immigration Voice (http://ImmigrationVoice.org/forum/forum16-iv-agenda-and-legislative-updates/3094747-iv-newsletter-links.html#post3586543)

dkshitij
04-30-2015, 11:35 PM
Thanks to IV's leadership and hard work, we all are going to be beneficiaries of the positive news. We know that it is positive and we know it applies to us. The only unknown for us is the time frame of implementation, actual date we can submit our paperwork and the actual processing time for the paperwork. Even just the announcement of start of rule making process will be extremely good to hear.

Of course, May is the month I travel to India, and then travel within India with all arrangements made, so I cannot back out now. I hope I can submit papers after I come back in June.

ravihdesai
04-30-2015, 11:41 PM
Thank you IV for relentless efforts and persistent direction.

While preparing paperwork, I realized my wife has different City of Birth in Passport compared to Original Birth Certificate. In her passport In-stead of city name of the district is mentioned. Birth certificate is in English.
We have a marriage certificate in US that shows correct birthplace.

What is the best course of action? Should we try to get it changed in her passport?

I know there is a mention of affidavit in this scenario, but there is no sample. Also not sure if it would be wise to discredit the passport.

Best,
RD

prince_nagi@yahoo.com
05-01-2015, 02:08 AM
I also need som suggestion.

Yesterday some one broke into my house and took all the valuables , but the most painful thing that happened is that guy took all my papers h1 , i140 ssn card all high school / Engg records , passport
I contacted the police and got a complain registered with all immigration docs missing

I applied for ssn today based on my ID card

Guys pls suggest wot I need to do fist next .. If I apply for duplicated of h1 and i94 ... I have to pay fees , instead can I apply for renewal of h1 sept -15

How to get i140 ? Will I miss the boat of aos ? Can I apply with copies of old h1?


QUOTE=ravihdesai;3586552]Thank you IV for relentless efforts and persistent direction.

While preparing paperwork, I realized my wife has different City of Birth in Passport compared to Original Birth Certificate. In her passport In-stead of city name of the district is mentioned. Birth certificate is in English.
We have a marriage certificate in US that shows correct birthplace.

What is the best course of action? Should we try to get it changed in her passport?

I know there is a mention of affidavit in this scenario, but there is no sample. Also not sure if it would be wise to discredit the passport.

Best,
RD[/QUOTE]

dhruva12
05-01-2015, 08:56 AM
I also need som suggestion.

Yesterday some one broke into my house and took all the valuables , but the most painful thing that happened is that guy took all my papers h1 , i140 ssn card all high school / Engg records , passport
I contacted the police and got a complain registered with all immigration docs missing

I applied for ssn today based on my ID card

Guys pls suggest wot I need to do fist next .. If I apply for duplicated of h1 and i94 ... I have to pay fees , instead can I apply for renewal of h1 sept -15

How to get i140 ? Will I miss the boat of aos ? Can I apply with copies of old h1?


QUOTE=ravihdesai;3586552]Thank you IV for relentless efforts and persistent direction.

While preparing paperwork, I realized my wife has different City of Birth in Passport compared to Original Birth Certificate. In her passport In-stead of city name of the district is mentioned. Birth certificate is in English.
We have a marriage certificate in US that shows correct birthplace.

What is the best course of action? Should we try to get it changed in her passport?

I know there is a mention of affidavit in this scenario, but there is no sample. Also not sure if it would be wise to discredit the passport.

Best,
RD[/QUOTE]

Sorry to hear mate... that really sucks...

attaboy
05-01-2015, 10:13 AM
I also need som suggestion.

Yesterday some one broke into my house and took all the valuables , but the most painful thing that happened is that guy took all my papers h1 , i140 ssn card all high school / Engg records , passport
I contacted the police and got a complain registered with all immigration docs missing

I applied for ssn today based on my ID card

Guys pls suggest wot I need to do fist next .. If I apply for duplicated of h1 and i94 ... I have to pay fees , instead can I apply for renewal of h1 sept -15

How to get i140 ? Will I miss the boat of aos ? Can I apply with copies of old h1?


QUOTE=ravihdesai;3586552]Thank you IV for relentless efforts and persistent direction.

While preparing paperwork, I realized my wife has different City of Birth in Passport compared to Original Birth Certificate. In her passport In-stead of city name of the district is mentioned. Birth certificate is in English.
We have a marriage certificate in US that shows correct birthplace.

What is the best course of action? Should we try to get it changed in her passport?

I know there is a mention of affidavit in this scenario, but there is no sample. Also not sure if it would be wise to discredit the passport.

Best,
RD[/QUOTE]

Sorry to hear that. Do you have scanned copies of your H1 or I140 / other docs by any chance, or have you emailed them anytime so you can dig back in your email sent folder. Request your employer for an copy again. To apply for AOS , its just copies that is required. If you don't have any copies at your end, your attorney/employer will have all copies of your H1/I140/education papers. you would have submitted these while they were preparing your case. Good luck.

prince_nagi@yahoo.com
05-01-2015, 10:18 AM
Thanks for the response
I do have copies ... But will it be acceptable as my originals are missing
In the medical test do they need original documents


QUOTE=attaboy;3586558][/QUOTE]

Sorry to hear that. Do you have scanned copies of your H1 or I140 / other docs by any chance, or have you emailed them anytime so you can dig back in your email sent folder. Request your employer for an copy again. To apply for AOS , its just copies that is required. If you don't have any copies at your end, your attorney/employer will have all copies of your H1/I140/education papers. you would have submitted these while they were preparing your case. Good luck.[/QUOTE]

sundarpn
05-01-2015, 10:25 AM
Admin,
The AOS pre-registration fix (whenever it becomes active), I assume it will also allow adding/filing a dependent's (spouse) AOS?

In my case, I filed my i485 back Aug 2007 when I wasn't married.
Later got married but till now, I can't get my wife's i485 filed since the dates never got current for EB3I. (so forced to continue on H visas...).

Thanks

sengs
05-01-2015, 10:25 AM
[QUOTE=prince_nagi@yahoo.com;3586559]Thanks for the response
I do have copies ... But will it be acceptable as my originals are missing
In the medical test do they need original documents

For medical test, the office needs a photo ID, which can be your DL. You need to provide your A# (optional, because current categories don't have A# before submission) on the I-693 form for which a photocopy should be enough. I actually typed in my A# on the form before handing it over to them. They didn't ask for any proof. Otherwise they don't need any other document (current categories don't have any other documents to provide).

Sorry to hear your situation. That is always a nightmare for me.

amulchandra
05-01-2015, 10:32 AM
My question is about people who already applied for i 485 during 2007 fiasco and waiting in line patiently.

We submitted our medicals and all other documentation at that point of time. I know that we can resubmit the medicals only when an RFE is raised by USCIS. I am wondering is there anything that people like me need to do? Please advise.

Thank you very much

Amul

pappu
05-01-2015, 10:37 AM
I also need som suggestion.

Yesterday some one broke into my house and took all the valuables , but the most painful thing that happened is that guy took all my papers h1 , i140 ssn card all high school / Engg records , passport
I contacted the police and got a complain registered with all immigration docs missing

I applied for ssn today based on my ID card

Guys pls suggest wot I need to do fist next .. If I apply for duplicated of h1 and i94 ... I have to pay fees , instead can I apply for renewal of h1 sept -15

How to get i140 ? Will I miss the boat of aos ? Can I apply with copies of old h1?


QUOTE=ravihdesai;3586552]Thank you IV for relentless efforts and persistent direction.

While preparing paperwork, I realized my wife has different City of Birth in Passport compared to Original Birth Certificate. In her passport In-stead of city name of the district is mentioned. Birth certificate is in English.
We have a marriage certificate in US that shows correct birthplace.

What is the best course of action? Should we try to get it changed in her passport?

I know there is a mention of affidavit in this scenario, but there is no sample. Also not sure if it would be wise to discredit the passport.

Best,
RD[/QUOTE]
One should not just rely on paper documents. Always have everything stored digitally in a couple of secure places.

prince_nagi@yahoo.com
05-01-2015, 10:43 AM
My question is about people who already applied for i 485 during 2007 fiasco and waiting in line patiently.

We submitted our medicals and all other documentation at that point of time. I know that we can resubmit the medicals only when an RFE is raised by USCIS. I am wondering is there anything that people like me need to do? Please advise.

Thank you very much

Amul

Amul
Thanks for the inputs ... Hope I can get the medical test done and take forward without issues

BrahmanAtman
05-01-2015, 11:08 AM
Is this thread of 485 docs preparation and IV upcoming news on 4thMAY are sam
e, and interrelated.

Not sure Monday news is abt HR213 or I485

advik20
05-01-2015, 11:12 AM
My question is about people who already applied for i 485 during 2007 fiasco and waiting in line patiently.

We submitted our medicals and all other documentation at that point of time. I know that we can resubmit the medicals only when an RFE is raised by USCIS. I am wondering is there anything that people like me need to do? Please advise.

Thank you very much

Amul

I have been asking this question for so long. no response.

guess recapture not happening.

waitingnwaiting
05-01-2015, 11:12 AM
Is this thread of 485 docs preparation and IV upcoming news on 4thMAY are sam
e, and interrelated.

Not sure Monday news is abt HR213 or I485

Nice trick question for IV to dig out information :)

But I suggest IV not give it out before it is official. Don't want any anti immigrants opposing or lawmakers annoyed by it.

bluesky19
05-01-2015, 11:17 AM
guys what is recapture???

waitingnwaiting
05-01-2015, 11:21 AM
guys what is recapture???

It recaptures all those approved H1B who paid consultant's agents to join consulting companies or faked resumes. :)
They will now be stripped off their H1Bs and their H1Bs will be recaptured and given to all those who could not get H1B in the lottery

bluesky19
05-01-2015, 11:25 AM
It recaptures all those approved H1B who paid consultant's agents to join consulting companies or faked resumes. :)
They will now be stripped off their H1Bs and their H1Bs will be recaptured and given to all those who could not get H1B in the lottery


luckily i am full time permanent employee.. was never with consultants :)

sengs
05-01-2015, 12:04 PM
It recaptures all those approved H1B who paid consultant's agents to join consulting companies or faked resumes. :)
They will now be stripped off their H1Bs and their H1Bs will be recaptured and given to all those who could not get H1B in the lottery

You hit the nail @waitingwaiting ;) :D

waitingnwaiting
05-01-2015, 12:50 PM
What is everyone else doing other than IV ? Nothing. Instead of banding together and fighting the slave drivers it useless fighting each other. I did my bit ( donated / called my congressman / senator). Please be constructive and not an impediment.

Well said.

Let me start by contributing in anticipation for the good news. I just contributed $200 Paypal Transaction ID: 4XN762424U1697406 and pledge to contribute another $200 me+$100 my brother on Monday after the announcement once we have a matching $500 total from others on the forum. This is our family's contribution and appreciation of the work IV is doing.

DMX17
05-01-2015, 02:32 PM
Great news. Fingers crossed. Touch wood. Amen.

Procrastinated a lot but now this seems serious. Get your docs ready!::)

moon_walker333
05-01-2015, 03:07 PM
Looking forward to some great news on Monday. Can't wait!!!

Thanks a ton IV! You rock!

karthiksubbu
05-01-2015, 03:33 PM
suspense is killing us..

Ramalingam
05-02-2015, 11:50 AM
Nice trick question for IV to dig out information :)

But I suggest IV not give it out before it is official. Don't want any anti immigrants opposing or lawmakers annoyed by it.

Do you think anti immigrants does not know it when just small group IV knows? Anti immigrants for high skilled is not that much powerful compared to low skilled or illegal immigrants. They knew very well what is going to come. They can something only when it is in discussions or after the fact. Once decision was made no one can do anything. But after announcement only they can something if they have time and resource. IV has multiple reasons not to leak completely. This itself is leak of news in a big way.

immigrant2007
05-02-2015, 10:25 PM
Will DACA, DAPA be eligible to file AOS under executive order?

aadohio
05-03-2015, 07:29 AM
Thanks IV for all the efforts and helping prepare for the big moment.

Question -- One of the required items listed in here is the I-20 and any previous EAD cards including the one from OPT. I do not have these available. My university may be able to pull out an I-20 from 12 years back. I don't have the EAD card or a copy of EAD card that I got as part of OPT.

What can be done here? Is this mandatory? If this is not available what is a backup plan?
I do have copies of all H1B's from the very first one to the current.

gopal008
05-03-2015, 08:50 AM
Thanks IV for all the efforts and helping prepare for the big moment.

Question -- One of the required items listed in here is the I-20 and any previous EAD cards including the one from OPT. I do not have these available. My university may be able to pull out an I-20 from 12 years back. I don't have the EAD card or a copy of EAD card that I got as part of OPT.

What can be done here? Is this mandatory? If this is not available what is a backup plan?
I do have copies of all H1B's from the very first one to the current.

Do you have a copy of your first H1B ? If so it should have it.

aadohio
05-03-2015, 10:37 AM
I do have a copy of my first H1B -- however I there is nothing attached to it. The first H1 was filed by a company 12 years back and since then I have changed 4 jobs. The first company does not exist anymore either. The first company did ask for a copy of EAD and I provided it to them. Subsequent companies I joined including my current one asked for H1 copies only and not the EAD copy.

aadohio
05-03-2015, 10:39 AM
Do you have a copy of your first H1B ? If so it should have it.

I do have a copy of my first H1B -- however I there is nothing attached to it. The first H1 was filed by a company 12 years back and since then I have changed 4 jobs. The first company does not exist anymore either. The first company did ask for a copy of EAD and I provided it to them. Subsequent companies I joined including my current one asked for H1 copies only and not the EAD copy.

thokkalohdi
05-03-2015, 10:58 AM
Will DACA, DAPA be eligible to file AOS under executive order?

Current AOS change will be for Employment Based visas i believe.. but we dont know lets wait till monday

braveone
05-03-2015, 03:57 PM
Admin2, Thousands of people asking if any of this is happening tomorrow:

a.) HR213 passing to remove pr country limits
b.) recapture
c.) dependents exemption
d.) dates getting current
e.) EAD for I140
f.) filing Adjustment of Status
g.) something else

Could you please what is happening tomorrow.

Ramalingam
05-03-2015, 04:02 PM
Admin2, Thousands of people asking if any of this is happening tomorrow:

a.) HR213 passing to remove pr country limits
b.) recapture
c.) dependents exemption
d.) dates getting current
e.) EAD for I140
f.) filing Adjustment of Status
g.) something else

Could you please what is happening tomorrow.

No need to explain. you will get the news tomorrow. But most talks with all other sources are going towards recapture. At least recapture is one of the multiple items they considered and took a decision. So just prepared to file I485.

Ramalingam
05-03-2015, 04:08 PM
No need to explain. you will get the news tomorrow. But most talks with all other sources are going towards recapture. At least recapture is one of the multiple items they considered and took a decision. So just prepared to file I485.

Remember that initially IV maintained that recapture is not possible by law but many lawyers maintained that it is feasible. But IV did one day phone/email campaign on March. So that points towards recapture

ng2013
05-03-2015, 04:45 PM
Assuming its either going to be AOS for all or Recapture one small query.. if its recapture the priority dates are going to move a lot thats given. But what happens in case of AOS ? Do they move at all ?

Administrator2
05-03-2015, 07:10 PM
Admin2, Thousands of people asking if any of this is happening tomorrow:

a.) HR213 passing to remove pr country limits
b.) recapture
c.) dependents exemption
d.) dates getting current
e.) EAD for I140
f.) filing Adjustment of Status
g.) something else

Could you please what is happening tomorrow.


Please understand that there is a need to hold off until tomorrow for the Administration to make the official announcement. It will be wrong for us or for that matter anyone to get ahead of the Administration and violate the trust.

As you are aware that we have been strongest advocate of recapture and dependents exemptions. But you may also be aware and we have all along shared this in the past that it is very difficult to do recapture and dependents exemptions as Admin fix.

Whatever is announced tomorrow, rest assured that Administration did everything possible within the legal authority of the President. We all have a lot to be thankful for to the President, the WH staff and the Obama Administration.

Please manage your expectations to look at the announcement with an open mind and please try to see beyond the obvious.

It's going to be a good day tomorrow.

braveone
05-03-2015, 07:42 PM
Thank You for responding. This will help a lot of us.

President Obama ki JAI HO, President Obama Zindabad, President Obama is a GREAT MAN

gopal008
05-03-2015, 08:18 PM
Please understand that there is a need to hold off until tomorrow for the Administration to make the official announcement. It will be wrong for us or for that matter anyone to get ahead of the Administration and violate the trust.

As you are aware that we have been strongest advocate of recapture and dependents exemptions. But you may also be aware and we have all along shared this in the past that it is very difficult to do recapture and dependents exemptions as Admin fix.

Whatever is announced tomorrow, rest assured that Administration did everything possible within the legal authority of the President. We all have a lot to be thankful for to the President, the WH staff and the Obama Administration.

Please manage your expectations to look at the announcement with an open mind and please try to see beyond the obvious.

It's going to be a good day tomorrow.
Thank you for all the hard work and dedication. Can we know what time tommorrow we might get the newsletter ?

Suva
05-03-2015, 08:29 PM
Thanks IV

rohit.rohitnar
05-03-2015, 08:30 PM
Thanks IV. The last 2 weeks have been the happiest days in my "US Immigrant" life. The last two days it has been a frenzy - of good thoughts and joy. I have now been filled with hope where none existed before, as previously we were just staring at an infinite, uncertain and endless wait. That can and did take its toll on our hopes.

Irrespective of what happens tomorrow - which I am sure is going to be something good for those of us waiting for GC - I thank you on behalf of every immigrant for the awesome work you guys have been and will be doing.

No one, I mean none, other than you guys and the administration have any clue as to what will happen tomorrow. Most are just speculating. That in itself is a testament and shows the amount of advocacy and sheer hard work that has been done by IV volunteers to get this to become a reality. Hats Off!

stan1IV
05-03-2015, 08:50 PM
suspense is killing us..

Rather hope does kill


Thank you for all the hard work and dedication. Can we know what time tommorrow we might get the newsletter ?

Usual time is approx 4 pm ET for these kind of announcements.



Of course, May is the month I travel to India, and then travel within India with all arrangements made, so I cannot back out now. I hope I can submit papers after I come back in June.

nothing is going to begin and end in 1 month. If that happens that is not a solution at all.


@Admin

Can pls you point out who is making the announcement - USCIS or Obama administration or House reps?