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  • gccovet
    06-19 09:42 AM
    Hi everyone:


    I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.

    She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).

    My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)

    Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?

    Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.

    My parents are thinking of doing the same very soon.

    GCCovet





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  • american_dreams
    07-31 04:48 PM
    Noting to worry. You will get your DL in mail. Till then you can use the temporary one. Usually the offices in the same state will be aware of the policies. But if you travel out of state some times you might have to just explain to them if needed.

    Till you get your DL in mail you have to use a differnt photo ID if needed.





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  • modvik
    07-17 03:12 PM
    Congratulations to you! Must be a big burden off your chest.

    I have a question: how would I know whether my process is past the name check or not. I got FP done last december (2005). No updates on the USCIS website for me since then and the 800 number gives a canned message and you cannot get to talk to a real person there.


    Am I hysteric or what?
    Any ways here is the flash.
    My case has been approved and got the so called Magic e-mails stating that the cards have been order
    for me and the spouse.

    Here is the "series of unfortunate events" :
    1.
    EB3/TSC
    PD: Sometime in 1998
    Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.

    2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
    thought I would save some time.
    3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
    4. Elated with the good news, applied i-140 & I-485 in 2004.
    5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
    amount of time.
    6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.

    Following is the chronological order:
    EB2/TSC
    PD : October 17, 2001
    LCl : January 7, 2004
    RD I140/485 : May 28, 2004
    EAD : July 26, 2004
    FP Notice Date : February 1, 2005
    FP Done : March 22, 2005
    I140l : February 11, 2005
    Namecheck initiated: June 2004
    Namecheck cleared: June 2006.
    I-485 cleared and cards ordered: July 2006.

    Here is what I did to get out of namecheck:

    1. e-mail to FBI on monthly basis
    2. Snail mail to FBI, OMBUDSMAN on monthly basis
    3. FAX to FBI on monthly basis
    3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
    FBI directly
    4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
    FBI directly. One senator never even responded
    5 got FOPIA.
    6. Made the attorney to contact USCIS officially
    7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
    and almost filed WOM. Only thing left is to send the papers.
    8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
    Just tried some personal mails to USCIS director FBI et all.

    Not sure what really worked. Some one from DOJ took time to call me and informed that my
    name check got cleared.

    moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
    try the above steps and hope for the best.

    Thanks to the forum members!!! I learnt lot from your experience.

    I will still be around on this forum and will try to help as much as I can





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  • rameshk
    03-03 04:32 PM
    Who is the laywer? can share his contact information with us please?

    Thanks,

    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.



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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

    16. Cover sheet listing all documentation.


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


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



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





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  • goel_ar
    08-20 02:12 PM
    it is very easy to get it done. You take money , go to scotia bank branch - there are tons of them there & get it done. Takes about 5 min. only. But go to Canada a day before to avoid any problems.



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  • bigboy007
    11-03 01:24 PM
    Thanks what dox did u send ?





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  • smuggymba
    10-05 11:00 AM
    ^^
    they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.

    Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?



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  • sangmami
    08-16 10:56 AM
    i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
    Thanks.





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  • njdude26
    04-08 05:08 PM
    Then what do you do if you dont have a candian permit ??
    Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as

    1. your stay in canada is not more than 30 days
    2. you did not appear for the visa interview (@US consulate) in canada.
    3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.

    This is called as "Automatica visa Revalidation" rule.

    In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).

    --HumHongeKamiyab



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  • giveme_gc
    10-01 05:48 PM
    On the contrary, he is friendly. There are very many Indians working in the non-IT sectors and doing very well. So the perception of racism based on our mental stereotype has to change. There is hardly anything racist in this video.





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  • cbpds
    06-18 02:39 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
    u never went to india since 5 years, your crazy :)



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  • rajev_kk
    06-19 09:14 PM
    Hello,

    Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!





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  • Steven-T
    February 23rd, 2004, 07:33 AM
    So close, So close
    Scott, here's goes the B&H 10 rated used 10D and 1Ds again. Why B&H have to sell this at such a premium of $6,030 above that of Adorama's $5,200? Are they supposed to be married couples, or, at least civil union?

    Steven



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  • trueguy
    08-28 11:19 AM
    Ron sent an inquiry and here is the answer he got

    Ron also says


    Visa Bulletin says


    So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.



    When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?





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  • gcpool
    10-08 01:25 PM
    Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above

    Where did you get this information from? Can you please show a source?



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  • meridiani.planum
    07-28 02:48 AM
    My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.

    His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.

    He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.

    can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?

    if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...

    Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.





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  • Kitiara
    10-08 08:22 AM
    All of them are very well done, but BBatPA's just appeal to me the most. :)





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  • illusions
    04-15 01:07 PM
    wow... man 9 years is like an eternity for me... you deserve it, wish ur wait would have been shorter tho, nevertheless you have it now so enjoy!





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    dpp
    12-30 09:31 AM
    What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.

    So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.

    I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
    An actual case would be helpful.



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