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What You Need To Prepare For Filing An Aos Application

Discussion in 'General immigration questions' started by Ron Gotcher, Nov 10, 2014.

  1. Ratna Kumar

    Ratna Kumar New Member

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  2. EADI140

    EADI140 New Member

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    Thanks Ron for the clarification
     
  3. KB1

    KB1 Senior Member

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    Hello Ron,

    I have a question, Does the person need to remain in status since his last lawful entry to file an AOS ? or He has to be in status in all its previous stays ?

    Thanks for your reply in advance.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It depends. For FB, other than immediate relatives, any prior status violation is a bar to adjustment of status. For EB, they only look at the time since the last entry as a nonimmigrant. You may have up to 180 days of status violations and still adjust.
     
  5. KB1

    KB1 Senior Member

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    I was on h1b and tried to change status to f1 which was denied and made me out of status. I left US and came back on F1 to complete my MBA. Since then I have been on H1b visa ( I changed back to h1b ). Going by your reply I should be fine right ?
     
  6. KB1

    KB1 Senior Member

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    And Also I have not been out of status since my last entry.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should be OK.
     
  8. ARam

    ARam Guru

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    Hi Ron,

    Can one file for I-485, EAD, Advanced Parole and all the other documents you mentioned on his/her own or does one need a legal counsel for this?

    Secondly, my spouse has an approved I -140 but the employer is not willingness to provide us a copy of the approval document or the number since it's their property. Does one need the I-140 approval notice file I-485 and other documents? Do all the documents need to be mailed in or electronic submissions?

    Thanks
    ARam
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may do it on your own.

    At a minimum, you need the file number from the I-140.
     
  10. vssandy1986

    vssandy1986 Active Member

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    Hi Ron , i have a Question i got my Birth certificate but the name spelled wrong my name in all the documents is sreenivasa but in my birth certificate it is srinivasa as the 2 letters are different and other problem is my father name also has a letter "E" instead of "A". do i need to get affidavits from parents and i will be fine or ???
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Get affidavits from your parents.
     
  12. ARam

    ARam Guru

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    Hi Ron,

    Do you have any samples of birth certificate affidavits that we could use for cases such as Sreenivasa where there may be differences in the spelling ? There are versions of these floating around so not sure. Are the affidavits for each parent or can they execute it together? My parents live in a different country, should the affidavits be notarized by a local notary where they live or a notary based in the US? I'm guessing its based on where the parents are but wanted to confirm. Also should the affidavit be on a regular A4 sheet or on a stamp paper (I'm not sure if there is a US version of a stamp paper but these are govt issued paper at cost on which legal documents and affidavits can be executed).

    Thanks much
    ARam
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Parents can sign a joint affidavit. Just set forth the facts. Use a local notary where they live.
     
  14. EADI140

    EADI140 New Member

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    Ron, thanks for providing info on all the documents. I have a specific question regarding the Birth Certificate for EAD/AOS. I was born in the year 1984 , and the date of registration on my birth certificate is 1998 . I have read that the date of registration must be with in 1 year of the birth of the candidate. will that be any problem for my birth certificate?
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Not true. Your BC is good.
     
  16. Robert Mart

    Robert Mart New Member

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    Hi Ron,
    I have my kids birth certificate issued from Indian government authorities but their name is not printed in certificate, and also birth certificate have only our (me and my wife) first name. As was reading above incase of missing/incomplete name parents can issue joint affidavit. As we are in USA so we can get affidavit here from here or it should be from home country?
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can do it here.
     
  18. Ratna Kumar

    Ratna Kumar New Member

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    Hi Ron,

    Quick question. How far can my company move its physical address from its current location, so it does not trigger re-application of approved PERM and I-140 ?
    Is there any kind of measurement/guide?

    Thanks..
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Assuming that you do not have "relocation language" in your PERM, the rule is "normal commuting distance."
     
  20. Ratna Kumar

    Ratna Kumar New Member

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    Thanks Ron.. That's what confuses me.
    Does USCIS consider 20 mile radius from existing location, "normal" ??
     

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