tnite
09-26 10:13 AM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
see my signature but I am july 2nd filer.
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
see my signature but I am july 2nd filer.
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sr77
09-26 08:32 PM
Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).
That said, don't wait for USCIS. Be proactive and do all you can. I would suggest
1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
2. Open an SR.
3. Do the above for your dependents if any.
4. Make infopass (you have already done this).
5. Contact local congress man/woman.
6. Send mail to CIS Ombudsman
7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.
(more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)
Good luck.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
That said, don't wait for USCIS. Be proactive and do all you can. I would suggest
1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
2. Open an SR.
3. Do the above for your dependents if any.
4. Make infopass (you have already done this).
5. Contact local congress man/woman.
6. Send mail to CIS Ombudsman
7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.
(more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)
Good luck.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
amoljak
05-03 07:32 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
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narikg
06-15 11:09 PM
Passport should be valid for more than 6 months for applying I 485.
If somebody can answer that would begreat
If somebody can answer that would begreat
more...
plassey
07-23 10:39 PM
Bad situtation, I think. Happening with one of my freind too.
This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
xela
06-17 08:53 AM
We all saw SLUDs shortly after the day we received notice, as I metioned I got receipt on April 27tha dn last SLUD was April 30th,....sinc ethen nothing
however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...
good luck and dont expect any LUDs until they actually send you something :-)
however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...
good luck and dont expect any LUDs until they actually send you something :-)
more...
onemorecame
03-26 01:09 PM
I Wish "C" for all category
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bluekayal
08-21 07:16 PM
To the red dot distributor
You said to me:
"Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."
These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.
You said to me:
"Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."
These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.
more...
peer123
04-04 01:37 PM
Thanks for your inputs,..
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glus
10-20 08:22 AM
Hello,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
more...
a_yaja
01-07 04:07 PM
Thank you all for your repiles. I have asked my wife to talk to their lawyer directly.
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furiouspride
08-10 06:57 PM
Why would IV not support a bill like this? Wouldn't this not make all our current problems go away?
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qplearn
12-20 08:45 PM
Undocumented amount 33% taken out from monthly compensation then pay roll tax withhold amount went to federal, state tax, social tax and Medicare.
My point is how can employer deduct tax with is not shown on pay slip.
What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.
I am sorry to hear this, and I hope your friend is able to get out of the mess. I have heard of something similar, although the logistics were slightly different in that case, from a friend. Unfortunately, such things happen.
My point is how can employer deduct tax with is not shown on pay slip.
What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.
I am sorry to hear this, and I hope your friend is able to get out of the mess. I have heard of something similar, although the logistics were slightly different in that case, from a friend. Unfortunately, such things happen.
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gc28262
06-14 02:57 PM
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
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number30
04-29 06:08 PM
Thanks snathan and aravindhome for your responses.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
Once she is on F1 here you can get married.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
Once she is on F1 here you can get married.
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marwan234
08-10 08:06 PM
i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.
more...
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anilsal
08-06 01:05 AM
Looking at , it appears that the FP happens around 45-60days after 485RD. I am not sure if I am right.
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bbct
05-02 10:56 AM
The IO will not issue an I-94 with the expiry date same as the new approval notice end date. You will be given an I-94 with the expiry date same as the visa expiry date on the passport. If you are using AP to enter, you will be given an expiry date of 1-year from the date of entry.
My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
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WAIT_FOR_EVER_GC
06-21 02:04 PM
suggestions? ^^^^^^^
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.
Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.
Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
s416504
11-17 10:40 AM
Your reply looks OK except your lawyer's suggestion to inform employer about parole status. I don't mind informing employer but the Question is "Is that mandatory to inform employer ?" I think Lawyer's intention could be we need to inform employer (as well as lawyer ) about AP during applying next H1B extention.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
H4_losing_hope
02-13 08:07 PM
See no GC? Hear no GC? Talk to IV
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