Friday, June 17, 2011

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  • abhisam
    07-09 11:59 AM
    How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?

    As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.

    I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?

    I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.




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  • O'podu
    07-17 04:30 PM
    Instead of flowers, lets make IV strong by contributing more to it. The battle isn't over yet. We may still end up living rest of our lives on EADs and APs.

    Again, pl. contribute!!


    Contribution is for their better service.
    FLowers and wishes are Appreciation towards their bold steps and effort which brought us together virtually.
    We would never have brought out our thoughts without the support of IV coordinaters.

    Anyhow i decided to contribute my best to IV very soon.
    Thanks IV.




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  • kondur_007
    08-21 06:28 PM
    I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

    Now, I finally made my mind and about to get an offer (after labor day, they say).

    The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

    My PD is July 31st, 2006.

    Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

    please advise if the timing (within 3 months) makes sense.

    Please also shed light on the permanent intent thing .

    Many thanks

    I am not a lawyer, but this is my honest opinion:

    If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.

    Good Luck.




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  • WeShallOvercome
    12-26 12:10 PM
    Hello all,
    not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
    1) non-permanent resident aliens
    OR
    2) non-resident aliens?

    thanks


    Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
    But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.



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  • amits
    07-17 06:20 PM
    I don't have words to show my gratitude and appreciation for IV team.

    On July 2nd, I was so upset. I did not have a clue of what is going to happen.

    Then I came across IV. I joined it as I was joining any forum remotely related to immigration issues.

    Logiclife is right, in the beginning it's difficult to realize how important IV is. But as time passed I realized the strength of IV.

    When employers, attorney, doctors all were busy making money out of our misery, dedicated core members and others in IV were preparing to take our cause forward and to fight till we got the justice.

    Today, And I am glad to be a part of it...
    I am with you guys for just 15 days, but I feel empowered.

    Today, I was exuberant, and I don't think this would have been possible without so much effort, unity, perseverance, and enthusiasm in our group.

    I am going to be a lifetime member and contributor to the cause of IV family.

    I run my family in US and understand it's impossible to maintain a family and make progress in the target areas without proper money flow.

    To help in that area, I am making first time $500 contribution and then $20 per month.

    Thanks a lot IV!

    - Amit

    __________

    Google Order #90033**********




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  • vishalsab2003
    06-04 09:04 PM
    Hi Friend, what finally happened to your petition , was that accepted as is by USCIS. I am recently in the same position where attorney showed intent to extend my h1B beyond 6 years but i dont have old enough labor and I140 is not even aapplied. I can recapture 6 months of time but he showed full 1 year , did you face any issue. My attorney told me nothing to worry as they will give H1 till whatever time we will establish,



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  • InTheMoment
    07-11 10:37 PM
    With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

    With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

    So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)




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  • gc_chahiye
    07-22 01:22 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?

    I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.



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  • lskreddy
    07-30 10:11 AM
    Pappu - I agree with you in totality that it is an opportunity wasted when people focus on the individual issues. But, after listening in on a couple of calls, I find the whole call to be not much of use as they always defer the question with 'we have asked the TSC to find out' or 'that is for the USCIS to answer'.

    I appreciate a channel of communication and a watchdog for USCIS activities but when communicating regarding problems with USCIS, I see ombudsman's office as a level of indirection. They seem to identify problems, pass on as a report that gets nowhere or gets partially addressed.

    If USCIS took cues and had allowed a conference call with the USCIS leadership directly, or if one of us (could be me but I need some ideas as to how to approach) could do such a thing, we could see far more benefit in gathering more significant problems and getting them answered.

    I would rather hear the news from the 'horse's mouth' than listening to someone who barely has an influence. I would gladly stand corrected if history has shown otherwise.




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  • bindas74
    05-16 04:07 PM
    All,

    Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"

    Just wanted to update everyone so that all the June/July filers can file appropriately.

    Again, mine could be an isolated case. So, please dont panic::))



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  • SGP
    04-14 06:29 AM
    Hi,
    I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

    So, can you

    1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
    2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
    3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
    4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes

    and not raise any of the following red flags :

    1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.

    2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised

    3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine

    4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US

    5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not

    Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.

    Please see my replies in Bold Dark Green.
    ____________________
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")




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  • gccovet
    08-20 03:40 PM
    @acecupid: Thanks for the response. For me it is Chicago consulate it will take 10-15 days.
    which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.

    Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.

    @kanakabyraju: Thanks for the advise. I might try that.

    For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.

    Thanks,

    One note, at PoE, IO might grant I-94 only upto your passport validity date, Once you have new passport after coming back, you will have to contact your local CBP office to extend your I-94.
    GCCovet



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  • Leo07
    05-21 05:18 PM
    'American Nava Nirman Sena' Ticket---LOL:)
    July 2009
    July 2010
    July 2011
    July 2012...or

    By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).




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  • ravi2patel
    07-23 11:29 PM
    Thanks guys..i did approach another attorney and he said i should be OK as i have a clean record, that i should not get stuck with the 'semantics' of company mergers which happens all the time.

    Having said that my current attorney is not asking for more money..so i am confused. But with the Aug.17 deadline fast approaching i will at least complete the paper work and wait for further advice from you kind folks. Thanks



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  • rsayed
    05-26 09:39 PM
    Three years clock ticks from the day filed, one year is down, two to go.

    ...I like the attitude :)




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  • wrldnw4me
    01-31 10:29 AM
    We are under Legal Slavery.



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  • kate123
    06-17 01:42 PM
    As deecha suggested, consult a legal authority or you can also talk to some one at office of international students.

    good luck




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  • Anders �stberg
    May 1st, 2005, 02:26 PM
    Very nice, love the "wheel spin". I can see how it would take a couple of shots to get a good one with that shutter speed.




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  • arc
    06-17 02:33 PM
    AC 21 allows you to change jobs 21 times. :)

    come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.

    When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?




    techbuyer77
    06-20 03:18 PM
    if they revoke the petition after 180 days that you filed i-485 nothing will happen you can invoke ac21, if before you can not




    milind70
    07-25 12:43 PM
    Thanks for the responses.

    I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.

    Get Affidavits in which u will specify the document(i.e Birth certificate ) has the parents names misspelt and the correct spelling (i.e as in passport) and plus other details you full name ,DOB and place of birth etc etc.Affidavits are required in case the information on the Birth Certificate is incomplete i.e no name or when there is incorrect information i.e place of birth missplet ,parents name not in expanded format etc etc.



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