somma
10-25 03:41 PM
My EAD status shows "card production ordered" and my spouse is showing as pending. This has been like this for the past 4 days.
Looks like they don't want to update the secondary information online.
:confused:
Looks like they don't want to update the secondary information online.
:confused:
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logiclife
06-01 07:04 PM
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
sledge_hammer
07-16 08:33 AM
Hi,
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
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snathan
04-14 08:54 PM
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.
You have created six threads with the same question and getting the same answer. Please use your brain.
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.
You have created six threads with the same question and getting the same answer. Please use your brain.
more...
raydhan
05-24 08:24 AM
Thanks everyone.
I am just glad to be a part of this effort. Thanks for all the encouragement and support.
Regards,
Salil
I am just glad to be a part of this effort. Thanks for all the encouragement and support.
Regards,
Salil
martinvisalaw
06-15 04:52 PM
Dear Ms. Martin:
Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:
1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?
2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?
3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?
4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?
5. Please give me a fee quote for I-485/EAD/AP?
Thank you so much. I am looking forward to your reply.
Sincerely
1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.
2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.
3. Yes, you can apply for an EAD and AP with the 485.
4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.
5. I will send you a private message re fees. Thanks for the inquiry.
Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:
1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?
2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?
3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?
4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?
5. Please give me a fee quote for I-485/EAD/AP?
Thank you so much. I am looking forward to your reply.
Sincerely
1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.
2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.
3. Yes, you can apply for an EAD and AP with the 485.
4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.
5. I will send you a private message re fees. Thanks for the inquiry.
more...
GCNaseeb
11-15 08:52 AM
When we went for our Biometrics, all our FP Notices were misspelled. We informed the bio technician and she corrected on their system there itself.
After the FP, I see there is an LUD also. I am hoping today's infopass meeting would be fruitful. Let's hope they just certifiy my EAD and AP there itself. :)
My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.
After the FP, I see there is an LUD also. I am hoping today's infopass meeting would be fruitful. Let's hope they just certifiy my EAD and AP there itself. :)
My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.
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Ann Ruben
02-11 09:30 PM
Hi Euclid,
In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.
Ann
Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?
A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.
Ann
Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?
A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
more...
Pineapple
07-24 10:36 AM
Bumping thread up.. here is an excellent YouTube video, already created by an IV member..
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diptam
07-27 10:12 AM
Vikram Man,
You are awesome - Thanks for your help..
Diptam
You are awesome - Thanks for your help..
Diptam
more...
franklin
07-17 05:43 PM
Thanks To You All It Would Not Have Been Possible Without Your Support!!!!!!!!!!!!!!!!
Actually, it wouldn't have been possible without donations from members on the board as well.
There is MUCH more to do and fight for.
Please donate!
Actually, it wouldn't have been possible without donations from members on the board as well.
There is MUCH more to do and fight for.
Please donate!
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yabadaba
05-24 02:18 PM
Thank you for your comment and the information. Wayne Greene, city editor
>>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
Name: Y abadaba
Email: XXXXXXXXX
Phone:
City: Atlanta
State: GA
Headline: Still waiting for green card
Publish Date: 5/23/2006
Intended for Publication: No
Comments:
Sir,
This article hits the nail right on the head. However there is one footnote that
needs to be added.
Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.
Just because he was born in India he is being subjected to this backlog
>>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
Name: Y abadaba
Email: XXXXXXXXX
Phone:
City: Atlanta
State: GA
Headline: Still waiting for green card
Publish Date: 5/23/2006
Intended for Publication: No
Comments:
Sir,
This article hits the nail right on the head. However there is one footnote that
needs to be added.
Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.
Just because he was born in India he is being subjected to this backlog
more...
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sagar_nyc
02-11 12:00 PM
Yes My 140 was approved close to Sept 19.. Thanks
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
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rolrblade
07-27 10:35 AM
Guys�
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
more...
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02-14 12:54 AM
Find yourself chocked up with G.C delay ? find your voice here.
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miguy
06-16 08:19 AM
what if your wife has a B1/B2 status.......can you still file for I-485?...Has anyone encountered a similar situations?
thanks,
thanks,
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09-05 07:45 PM
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doudou
06-25 07:17 PM
Has he already filed? Can you send in your application before July 01 dateline?
Gene
Thank you guys. This scares me. I believe he already filed. At least that is what he told.
Gene
Thank you guys. This scares me. I believe he already filed. At least that is what he told.
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Carlau
01-08 12:58 PM
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
I have a question, I am on H-4 too (never on H-1B) as I understand, if I find a job I need to wait until April 2007 to file for H-1B and would be able to start working in October 2007.
How did your wife get now in 2007 an H-4 to H-1B conversion when all the H-1Bs were granted & last quota met in October 2006? Am I missing something here? If I found an employer, could I just start working without waiting the employer to file the H-1 in april and getting the permit for oct 2007? THanks!
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
I have a question, I am on H-4 too (never on H-1B) as I understand, if I find a job I need to wait until April 2007 to file for H-1B and would be able to start working in October 2007.
How did your wife get now in 2007 an H-4 to H-1B conversion when all the H-1Bs were granted & last quota met in October 2006? Am I missing something here? If I found an employer, could I just start working without waiting the employer to file the H-1 in april and getting the permit for oct 2007? THanks!
patelkirti
04-17 08:55 AM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
vinzak
04-20 06:09 PM
Hello all,
I filed for EAD renewal at TSC in early Jan 11. My current EAD expires end of April. I am just wondering how long TSC is currently taking to renew EADs.
Any experiences would be greatly appreciated. Thanks.
FYI, I received my EAD on Monday. So from application to receiving 105 days.
Took a call to the service number, scheduling an infopass appointment and a letter from my lawyer.
I think the best thing to do is setup an infopass as soon as you are eligible. I believe they do some legwork before the appt like enquiring with the EAD officer etc. before the appointment. I cancelled the infopass the day before the appointment since my online status had changed to post decision activity.
I filed for EAD renewal at TSC in early Jan 11. My current EAD expires end of April. I am just wondering how long TSC is currently taking to renew EADs.
Any experiences would be greatly appreciated. Thanks.
FYI, I received my EAD on Monday. So from application to receiving 105 days.
Took a call to the service number, scheduling an infopass appointment and a letter from my lawyer.
I think the best thing to do is setup an infopass as soon as you are eligible. I believe they do some legwork before the appt like enquiring with the EAD officer etc. before the appointment. I cancelled the infopass the day before the appointment since my online status had changed to post decision activity.
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