Tuesday, June 14, 2011

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  • fatjoe
    10-31 12:42 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 :)

    Did you get your FP?
    I went to local office(Detroit, MI), and they said that they no more issue interim EADs. Also, they said that we should have got our FP notice before approaching them for EAD.




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  • GC_ASP
    07-20 07:39 AM
    If u r not married, its better to change the job using H1b transfer and use Ac21portability to continue the GC process ( new job should be similar). You don't have to use EAD. Once you start using ur EAD, you loose ur H1B status automatically and it would be hard to bring your wife on H4.

    Here are the answers for ur three questions.

    1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.

    2. I think you can get H1B extension using 140 approval.

    3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.

    I hope I answered the all your questions.

    one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.

    Never use AP if you are unmarried.

    This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!




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  • chansek
    07-21 11:38 PM
    Hi,
    can we send Personnel check for I-485, EAD and Advance Parole filing fees.

    Thank you.
    chansek




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  • Abhinaym
    04-24 11:53 AM
    Anyone else get an update on their lottery?



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  • mhb
    05-31 12:51 PM
    called senators from my state

    contributing $ 50 per month




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  • StuckInTheMuck
    11-13 07:29 AM
    Same here. Ignored medical in the July 2 filing rush, got receipt, EAD and AP all in time, waiting for FP notice.



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  • h1-b forever
    04-23 10:18 AM
    Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

    May GOD Bless all.

    USCIS Policy Memo site link below see for yourself.

    USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)

    Finally USCIS is acting with some sense in them. They did not think through when they were complying with Sen. Grassley. Their minds were so concentrated in getting the IT industry that they did not realize the back lash will come from all H1Bs, from all sectors including doctors and nurses; and most importantly these people do not have any clue of the present day business models, so they got hammered by businesses too, plus AILA took it on its legality.




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  • sobers
    07-26 03:24 PM
    Guess I've lot track of time now too
    :)

    anyway its going to be important to keep an eye on bills like these given that CIR is not going anywhere, and SKIL is not looking too good either. the 20,000advanced degree H1B exemption was introduced in the 2004-05 Omnibus Appropriations bill. maybe we can get a few simple administrative provisions like 485 filing in some bill.

    I mean last year they got the real ID provisions in the iraq spending bill. this is not anywhere as controversial as that, but we we need the will to get this through. maybe we can have a fundraising effort for just this purpose...i'm sure lots of folks would join in..

    I know you guys are doing your best under the present circumstances...



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  • nozerd
    11-21 12:22 PM
    HELLO ! Emilio Gonzalez, USCIS Director is Cuban American. Its probably his parting gift for "his people".
    Cuban Americans are very strong Republican vote block. See new TV serial "Cane" on CBS to get a sneak peak into the community.




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  • snathan
    02-13 01:14 AM
    H1B - LCA Related Issues - How can we save ourselves ???

    HI
    I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds

    I am starting this thread to discuss what we can do to save ourselves from LCA related issues.

    ** LCA is very important and H1 b employees should work as per LCA - Period.
    Location, job and every thing should be as per LCA. No questions.
    I am afraid, most of the H1b guys do not even have LCAs with them.

    ** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.


    Please throw your suggestions to make our H1 system clean and save H1 employees.


    Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.



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  • Templarian
    08-27 09:25 AM
    Calvin, feel free to make calvin better or make hobbes as he requires more detail.
    http://img177.imageshack.us/img177/8050/calvinxq2.gif




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  • texcan
    07-31 04:55 PM
    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.


    AVR is valid for reentry only if you donot apply for visa in canada or mexico
    and if you come back to US within 30 days.
    Donot give you I-94 when you leave US.

    If your visa is rejected in canada, you cant re-enter US.



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  • Ramba
    09-23 02:42 PM
    AOS is neither vaild non-immigrant status nor immigrant status. It is a "period of authorized stay" based on contigency of approval of 485. Though, it has work authorization, there is no law clearly says they are eligible for school or any other benefits that immigrants enjoy. Therefore, it is difficult to explain to those have limited knowledge. It is better to get a letter from immigrant lawer to explain to school or just follow what school is suggesting.




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  • raju_abc
    07-23 11:18 AM
    Pittsburg ?? what state CA or PA ?? since there is no "h", I assume you are talking about pittsburg in CA ...

    Its Pittsburgh , PA



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  • msp1976
    04-17 12:17 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.

    I do not know what to do , his is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I will be on status ??
    Such type of contract is not legally enforceable....So you have to take your own decision....




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  • ameryki
    10-02 11:06 PM
    murthy just sent out this info in his newsletter that went out today.

    Delayed EADs - Ombudsman's Suggestions to Expedite

    The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.

    Option 1 : Call the NCSC

    It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.

    Option 2 : INFOPASS Appointment

    If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.

    It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.

    Option 3: Contact the Ombudsman if Other Options Do Not Work

    If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at cisombudsman.publicaffairs@dhs.gov. It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.



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  • SGP
    10-11 10:25 AM
    /\/\/\/\/\/\/\/\

    It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill.

    I have emailed The Congressman for 12th district of NJ (Rush Holt)




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  • lghtslpr
    02-14 03:35 AM
    We met our san jose(CA) congressman Mike Honda (http://honda.house.gov/). We had good session with his staff. His office is in the process of writting a letter to Backlog centers asking them for speeding up approvals.Their office is well aware of backlog issues. Once they get a response back from DOL, they would let us know.

    That's great!!!

    Who were "we?"

    And is it possible to ask Honda's office to urge DOL to have some transparency about the process, so that people know what the heck is going on at the processing centers? Right now it's a total black box!

    Thanks.

    -L.




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  • micofrost
    04-16 05:01 PM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
    Thanks

    Call uscis and ask them send the refund to IV. Anyway, the money is gone from your a/c.




    svgupta
    06-15 03:40 PM
    Yes.. Leave it blank.. Even my attorney said so...




    raju_abc
    07-23 11:18 AM
    Pittsburg ?? what state CA or PA ?? since there is no "h", I assume you are talking about pittsburg in CA ...

    Its Pittsburgh , PA



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