dealsnet
07-16 09:48 AM
No problem with expired i-94. Just inform them about I-485 filing. I did it without any problem.
Do you guys see any issues if I-94 is expired but I-485 application is pending and the petitioner is working on EAD? Any thoughts will be appreciated. Thanks,
Do you guys see any issues if I-94 is expired but I-485 application is pending and the petitioner is working on EAD? Any thoughts will be appreciated. Thanks,
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TUnlimited
09-15 09:05 PM
We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.
My friends is answered differently. His is from TSC and mine are from NSC.
Does any of you know what does "UNKNWON" mean and what consequences it might have.
Yeah! What the hell does it mean? I have the same thing - UNKNOWN...
My friends is answered differently. His is from TSC and mine are from NSC.
Does any of you know what does "UNKNWON" mean and what consequences it might have.
Yeah! What the hell does it mean? I have the same thing - UNKNOWN...
mbartosik
03-28 01:29 PM
until today my I485 was 60 days outside the processing times.
Now it is not.
I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.
Things that caused Nebraska to move back:
Transfers from Texas Service Center
180 day name check rule
Some categories moving forward in VB, and they had not been doing pre-adjudication.
They are trying to make processing dates reflect reality (and reduce service requests)
The only logical thing was to move the processing date back, if only to reduce the service requests coming in.
I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.
This is some sign of some LIMITED attempt to process as FIFO for receipt date.
Now it is not.
I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.
Things that caused Nebraska to move back:
Transfers from Texas Service Center
180 day name check rule
Some categories moving forward in VB, and they had not been doing pre-adjudication.
They are trying to make processing dates reflect reality (and reduce service requests)
The only logical thing was to move the processing date back, if only to reduce the service requests coming in.
I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.
This is some sign of some LIMITED attempt to process as FIFO for receipt date.
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felix31
01-17 01:43 PM
Here is what we did..
It was back in 2000. We filed my husbands taxes as single. Then we filed W7 and mailed it. Some 3 months later I received ITIN. With that we filed amended return adding me and that was it. Everything is straightforward since then.
It was back in 2000. We filed my husbands taxes as single. Then we filed W7 and mailed it. Some 3 months later I received ITIN. With that we filed amended return adding me and that was it. Everything is straightforward since then.
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immi_enthu
12-28 04:39 PM
Why did u give a negative marking for that?
just for the record. I did NOT give you any marking. why do you assume things and make assertions based on those assumptions ?
just for the record. I did NOT give you any marking. why do you assume things and make assertions based on those assumptions ?
haritha
02-19 08:54 PM
Cataphract
Thanks for the update. This surely will inspire many more. You guys form a Brilliant Team. Good luck.
Haritha.
Thanks for the update. This surely will inspire many more. You guys form a Brilliant Team. Good luck.
Haritha.
more...
Dustinthewind
01-04 10:48 AM
Here you go:
YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)
I hope we can get a lot of people to watch the film so we can spread more awareness about issues faced by legal immigrants as well.
YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)
I hope we can get a lot of people to watch the film so we can spread more awareness about issues faced by legal immigrants as well.
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texcan
07-29 10:48 PM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
well ...if the option is between "difficult spouse"/"GC " why bother with either....I thought of something else when i saw the title. pls donot mind...
On serious note, Since your spouse is australian citizen you can easily use E3 visa ( its very simple) or better yet just go ahead and marry her in court right away, register marriage and have the big gala family ....marriage event later.
My 2 cents...take it easy and make it simple. Its a happy occasion donot waste time on immigration issue in next few months, enjoy the courtship time...immigration will fall in place and even if not ...life matters.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
well ...if the option is between "difficult spouse"/"GC " why bother with either....I thought of something else when i saw the title. pls donot mind...
On serious note, Since your spouse is australian citizen you can easily use E3 visa ( its very simple) or better yet just go ahead and marry her in court right away, register marriage and have the big gala family ....marriage event later.
My 2 cents...take it easy and make it simple. Its a happy occasion donot waste time on immigration issue in next few months, enjoy the courtship time...immigration will fall in place and even if not ...life matters.
more...
Rockford
08-31 10:20 AM
Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
http://www.murthy.com/bulletin.html
I hope I understood it correctly.
What do all of you say?
If you are referring to this paragraph , The answer is , field offices will NOT issue interim EAD. They can however request one and I think that is what they do today (Some field offices, as per Katri)when you take an appointment at local office to raise this issue:
The CIS Ombudsman has been engaging in discussions with the USCIS filed offices, in an effort to institute a uniform policy to assist EAD applicants with applications pending for 75 days or more. Since interim EAD production could take several days, the Ombudsman believes it should not be necessary for an applicant to wait for 90 days before requesting an interim EAD at the field office. Field offices no longer issue EADs; however, they can request interim EADs for pending applications. Mr. regrets that some field offices are not focused on helping their customers to continue uninterrupted employment, when the customers are doing their part to abide by the laws and maintain the validity of their EADs.
�MurthyDotCom
The CIS Ombudsman requested teleconference participants to notify his office if and when a field office refuses to request the production of an interim EAD card, when the application has been pending for approximately 75 days from the date of application.
http://www.murthy.com/bulletin.html
I hope I understood it correctly.
What do all of you say?
If you are referring to this paragraph , The answer is , field offices will NOT issue interim EAD. They can however request one and I think that is what they do today (Some field offices, as per Katri)when you take an appointment at local office to raise this issue:
The CIS Ombudsman has been engaging in discussions with the USCIS filed offices, in an effort to institute a uniform policy to assist EAD applicants with applications pending for 75 days or more. Since interim EAD production could take several days, the Ombudsman believes it should not be necessary for an applicant to wait for 90 days before requesting an interim EAD at the field office. Field offices no longer issue EADs; however, they can request interim EADs for pending applications. Mr. regrets that some field offices are not focused on helping their customers to continue uninterrupted employment, when the customers are doing their part to abide by the laws and maintain the validity of their EADs.
�MurthyDotCom
The CIS Ombudsman requested teleconference participants to notify his office if and when a field office refuses to request the production of an interim EAD card, when the application has been pending for approximately 75 days from the date of application.
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wikipedia_fan
04-09 03:04 PM
Guys and Gals,
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.
a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.
The law states that you have the right to file for MTR if you think there are facts ignored by the officer.
It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.
Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?
Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.
Please talk to an experienced immigration Attorney and they can explain all this stuff.
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.
a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.
The law states that you have the right to file for MTR if you think there are facts ignored by the officer.
It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.
Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?
Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.
Please talk to an experienced immigration Attorney and they can explain all this stuff.
more...
unseenguy
06-22 07:33 PM
...and the boss goes back and continues eating samosas :)
Pls replace samosas with burger and french fries. Boss in Nebraska may not like samosas or may find it too hot to handle resulting in additional 2-3 sick days.
Pls replace samosas with burger and french fries. Boss in Nebraska may not like samosas or may find it too hot to handle resulting in additional 2-3 sick days.
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coloniel60
08-15 11:50 AM
USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.
more...
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reddog
01-21 11:03 AM
Money.........
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nlssubbu
12-24 01:22 PM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
more...
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milind70
04-07 05:22 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
I think in your case you have been lucky and may have given complelling reason, but otherwise the odds are that the next time around entry may be refused or a shortened stay. I have seen from numerous cases, 7 out of 10 cases were rejected or shortened stay. As one of the posters put it , it is at the discretion of IO at POE next time you visit. This is high risk when u put the things into perspective in longer run
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
I think in your case you have been lucky and may have given complelling reason, but otherwise the odds are that the next time around entry may be refused or a shortened stay. I have seen from numerous cases, 7 out of 10 cases were rejected or shortened stay. As one of the posters put it , it is at the discretion of IO at POE next time you visit. This is high risk when u put the things into perspective in longer run
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andy garcia
03-17 08:18 AM
My I-485 Receipt Notice does not have any PD on it either.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
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chunky
07-26 03:17 PM
Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency
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javadeveloper
07-26 04:51 PM
If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
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indianindian2006
06-22 06:53 PM
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Good one......:D
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Good one......:D
bkarnik
05-03 11:37 AM
Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.
I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.
Sundar99:
In your previous post, you had mentioned that you know Aman. Please passs your idea through either Aman or any one of the core team guys. If it is OK with them, go ahead. I feel that any contact with the media needs to be co-ordinated with the core team.
I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.
Sundar99:
In your previous post, you had mentioned that you know Aman. Please passs your idea through either Aman or any one of the core team guys. If it is OK with them, go ahead. I feel that any contact with the media needs to be co-ordinated with the core team.
Prashanthi
02-11 04:14 PM
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
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