indianabacklog
10-30 12:37 PM
My EAD application has been pending more than 90 days.
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.
The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php
Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)
It is dead and buried. If you make an infopass appointment they will simply send a message while you are there to say the processing time is beyond 90 days.
Then you should either get an interim EAD or the real thing from the processing center within two weeks.
The local office does not issue any EAD's.
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.
The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php
Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)
It is dead and buried. If you make an infopass appointment they will simply send a message while you are there to say the processing time is beyond 90 days.
Then you should either get an interim EAD or the real thing from the processing center within two weeks.
The local office does not issue any EAD's.
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eucalyptus.mp
02-18 09:02 AM
As my employer is asking me to go back to India , what options I am having to get extention ? Can I file GC my own ?
pappu
07-30 09:08 AM
I decided to write this post after seeing a comment ‘there is no IV core per se’ on another thread by a member and also seeing how people ask questions during these calls.
I have been in a couple of calls in the past and have more or less decided to stay away from them. Here are some of my reasons:
Most callers come to these calls to ask questions on their own personal case and think as if Ombudsman office will solve their problem in the call. This does not happen. They are always asked to contact the office using a form if they want any answer about their own case. Even the callers waiting for their turn to ask questions do not take the clue and still continue to ask questions about their case status and get the same standard answers. This in my opinion is a waste of time and opportunity our community gets to interface with Obudsman’s office.
In the past the call topics were very different from the questions asked and people never cared to stay within the agenda. Even in yesterday’s call, how many of us really read the Ombudsman’s 2008 report before going to the call and asked questions about the report , discussed inefficiencies in the system and asked progress on the steps being taken to improve them?
If most of the call time is wasted in individual case questions and standard responses, we will never get a chance to fix the system and help ourselves and everyone. The community needs to rise above their own selfish interests and think as a community. IV core has always put community’s interest before their own and have never created action items or ask lists that are tailored for their own cases. We have always used the meeting opportunities with administration and lawmakers to discuss problems faced by the community rather than an individual and discussed solutions that will benefit the community rather than an individual.
Only once we start thinking like a community can we succeed. Else there will be divisions in the community. EB2s and EB3 will argue with each other. People will leave IV once they get their own GC or even do not care about others waiting in behind them. The fact that not even one thousand members have contributed a nominal $5 in the latest campaign tells us something.
I hope this post at least makes a difference in the next Ombudsman call.
I have been in a couple of calls in the past and have more or less decided to stay away from them. Here are some of my reasons:
Most callers come to these calls to ask questions on their own personal case and think as if Ombudsman office will solve their problem in the call. This does not happen. They are always asked to contact the office using a form if they want any answer about their own case. Even the callers waiting for their turn to ask questions do not take the clue and still continue to ask questions about their case status and get the same standard answers. This in my opinion is a waste of time and opportunity our community gets to interface with Obudsman’s office.
In the past the call topics were very different from the questions asked and people never cared to stay within the agenda. Even in yesterday’s call, how many of us really read the Ombudsman’s 2008 report before going to the call and asked questions about the report , discussed inefficiencies in the system and asked progress on the steps being taken to improve them?
If most of the call time is wasted in individual case questions and standard responses, we will never get a chance to fix the system and help ourselves and everyone. The community needs to rise above their own selfish interests and think as a community. IV core has always put community’s interest before their own and have never created action items or ask lists that are tailored for their own cases. We have always used the meeting opportunities with administration and lawmakers to discuss problems faced by the community rather than an individual and discussed solutions that will benefit the community rather than an individual.
Only once we start thinking like a community can we succeed. Else there will be divisions in the community. EB2s and EB3 will argue with each other. People will leave IV once they get their own GC or even do not care about others waiting in behind them. The fact that not even one thousand members have contributed a nominal $5 in the latest campaign tells us something.
I hope this post at least makes a difference in the next Ombudsman call.
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pappu
06-30 07:06 PM
update
http://immigrationvoice.org/forum/showthread.php?t=5883
http://immigrationvoice.org/forum/showthread.php?t=5883
more...
pmat
07-21 10:32 PM
I don't have an answer for your question. But why did you apply for 2 H1B visas at the first place? Because of this somebody who may have been a genuine candidate couldn't have gotten visa in the lottery.
I hope that other members will answer your questions.
I hope that other members will answer your questions.
rkat
08-16 11:20 PM
Thanks a lot everybody for spending ur valuable time replying to my Queries.!
I applied for H1 and the contracting company (hence will be referred to X in this email) went ahead and filed for my concurrent H1 on april 1 2007. Inspite of me asking for a contract letter or offer letter i was given no offer letter or anything.! DOESN"T USCIS need to see a accepted JOB OFFER along with the I-129 petition.? Isn't that a mandatory thing..?
Anyway the H1 was filed and i recd. a email from X saying that X has paid the fees in the amount of $1440 in filing fees and $900 in attorney fees...I was elated that the H1 was filed on time...after a lot of anxiety, frustration and living in darkness about the QUOTA, etc...i recd. the RECEIPT NOTICE in May 2007...As of 8/15/07 decision reg. H1 approval is still pending at USCIS...But now of course i have filed for EAD and do not need the H1 because my current H1 job pays well and is quite secure..besides i will receive my EAD in a few months..
So i now tell X that i don't want to join u in October 1st.....X tell me to remimbure for $900 + $1440 and slaps an additional $1000 in reimbursememt costs...!!! These 1000 costs are called attorney consulation fees...!! For Q's that i had asked X to ask lawyer...These Q's had pertained to the already filed H1b....NO ATTORNEY IN USA CHARGES $1000 to ask them 4 Q's for a H1B case that has already been filed by them..!!!
So now what do i do...To follow the good samaritan law i will reimburse the 1440 + 900 to X in good faith but why should i pay the additional $1000.??? FOR WHAT..??
X has also requested from DAY1 to not contact immigration attorney directly...i respected that but i guess it's time to ask lawyer directly now...!!
How should i handle this sitaution...???? THANK YOU FOR UR HELP>.!!
I applied for H1 and the contracting company (hence will be referred to X in this email) went ahead and filed for my concurrent H1 on april 1 2007. Inspite of me asking for a contract letter or offer letter i was given no offer letter or anything.! DOESN"T USCIS need to see a accepted JOB OFFER along with the I-129 petition.? Isn't that a mandatory thing..?
Anyway the H1 was filed and i recd. a email from X saying that X has paid the fees in the amount of $1440 in filing fees and $900 in attorney fees...I was elated that the H1 was filed on time...after a lot of anxiety, frustration and living in darkness about the QUOTA, etc...i recd. the RECEIPT NOTICE in May 2007...As of 8/15/07 decision reg. H1 approval is still pending at USCIS...But now of course i have filed for EAD and do not need the H1 because my current H1 job pays well and is quite secure..besides i will receive my EAD in a few months..
So i now tell X that i don't want to join u in October 1st.....X tell me to remimbure for $900 + $1440 and slaps an additional $1000 in reimbursememt costs...!!! These 1000 costs are called attorney consulation fees...!! For Q's that i had asked X to ask lawyer...These Q's had pertained to the already filed H1b....NO ATTORNEY IN USA CHARGES $1000 to ask them 4 Q's for a H1B case that has already been filed by them..!!!
So now what do i do...To follow the good samaritan law i will reimburse the 1440 + 900 to X in good faith but why should i pay the additional $1000.??? FOR WHAT..??
X has also requested from DAY1 to not contact immigration attorney directly...i respected that but i guess it's time to ask lawyer directly now...!!
How should i handle this sitaution...???? THANK YOU FOR UR HELP>.!!
more...
roseball
08-01 10:45 PM
The online system shows the date the case was entered into the system and it doesnt reflect the actual physical receipt date.....Receipt date box on the I-797 receipt notice will be the actual receipt date....For majority of cases, the online case status date is the actual notice date and/or the date the case was entered into the system....
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martinvisalaw
06-04 05:37 PM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
more...
felix31
06-05 03:16 PM
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
Pappu,
I guess the uprooting thing depends on many other issues....
E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.
However the retro thing is ruining everything (just like so many others here - we are not an exception).
In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!
We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).
So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)
What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.
It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..
I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.
Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?
He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.
I would LOVE to work, BUT - as H4 - I can only dream about that.
Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.
Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.
In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.
Pappu,
I guess the uprooting thing depends on many other issues....
E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.
However the retro thing is ruining everything (just like so many others here - we are not an exception).
In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!
We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).
So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)
What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.
It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..
I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.
Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?
He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.
I would LOVE to work, BUT - as H4 - I can only dream about that.
Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.
Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.
In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.
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sixburgh
06-28 04:31 PM
You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.
This is what I think too.
But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).
Any official documentation about this ?
This is what I think too.
But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).
Any official documentation about this ?
more...
njboy
06-09 10:12 AM
Imagine if it takes 3-4 years to process an H1B..the only option we'll have, is to go premium processing. That way, premium processing becomes the rule, not the exception. If they want to be really "capitalistic", they can say, how much is the H1B worker ready to pay out of their salary for the H1? 10,000 dollars a year? Shouldnt they charge us that, if they think they can get away with it? Afterall, its good old capitalism right? Everyone should be concerned about their bottom line..why not the BCIS? Im sure most of these already exploited H1B's will shell out 10K extra per year just to keep their H1's. Does that sound like a good business proposition? It does..to me. Just like people pay extra to get their mail delivered next day Fedex, the BCIS should charge us 1000$ extra if we want the H1B processed in a reasonable time, another $1000.00 to get I-130 processed etc. Why the figure of $1000.00? Was it arrived based on some calculation? Why not..$5000, or even $7000? After all, market pricing should be based on demand supply, and since H1B is marketed as a premium product, this should be reflected in the prices otherwise it will lose its brand image..right?
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gopi246
03-20 09:52 PM
Did you contact the SSN department in person or called them.? Its better to go in person and get hold of the supervisor.
My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.
Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.
My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.
Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.
more...
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vin13
12-02 10:21 AM
Can we apply Emergency Ap for official visit ?
Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.
Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.
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krishna_brc
07-11 05:47 PM
Thanks a lot for your valuable input.
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
I believe as long as you are getting paid a salary which is greater or equal to what was mentioned in Labor/140 you should be fine.
There will not be question of Ability to Pay as you will getting paid at the time of RFE and size of the company doesn't matter.
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
I believe as long as you are getting paid a salary which is greater or equal to what was mentioned in Labor/140 you should be fine.
There will not be question of Ability to Pay as you will getting paid at the time of RFE and size of the company doesn't matter.
more...
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priti8888
01-08 03:55 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
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Abhinaym
01-27 09:59 AM
Does anyone have a link to this bill/article? I don't see anything on the news yet.
more...
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chanduv23
04-21 01:44 PM
If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
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Imm_Exploited
07-23 02:15 AM
rdehar,
I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.
Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.
If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.
Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.
And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.
Sincerely - IE
I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.
Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.
If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.
Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.
And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.
Sincerely - IE
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freeskier89
01-02 02:29 AM
Megaswf.com seems to work :)
paskal
11-07 03:30 PM
I am in Birmingham and would like to join the state cahpter.
some of you need to join up and start a state chapter. meeting and discussing it is a great idea. putting faces to names is a big step forward and creates a sense of trust and community.
some of you need to join up and start a state chapter. meeting and discussing it is a great idea. putting faces to names is a big step forward and creates a sense of trust and community.
qualified_trash
10-25 09:37 AM
How long the old I-140 needs to be valid ? Should it be valid only until one gets the new I-140 cleared with the Old PD ? Or does it needs to be valid until the 485 is filed and status is adjusted ?
should be valid preferably until you get your new I140 approved.
should be valid preferably until you get your new I140 approved.
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