Saturday, June 18, 2011

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  • smuggymba
    09-22 07:43 PM
    This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?

    Don't worry my friend...H1s, L1s, EAD.....they will go after everyone one by one.




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  • alterego
    05-07 07:17 PM
    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP

    A few question pop to mind here.

    1) Has your 140 been approved?

    2) How easy/difficult is it to get another job in a same/similar job in a reasonable time frame.

    3) When is your EAD valid until?

    4) Have you had a good relationship with your previous employer and will he leave the 140 untouched.

    Here is what I see. H1b cancellation is a red flag for an astute officer. He/she might send you an RFE on your 485 if he/she wishes, you will then need to show present or future job offer pay stubs/offer letter.
    If your 140 is not approved, you might need to consider aggressively getting into another job and restarting your application.
    If you can find a same/similar job offer within a reasonable time frame, that being a time frame before you either get an RFE or your case is being adjudicated, then you are within the law.
    EAD renewal times tend to be one of those junctures where the case profile is reviewed and RFEs come your way. Just my personal experience.
    Your 140 being left untouched and your employer willing to help you giving a letter that he has a job for you in the future can quell any nightmare RFE scenario, since EB green card sponsorship is usually for future job offer. Ironically most of us are already gainfully employed................makes you realize how antiquated the EB immigration system really is in this country!


    Good luck. Keep us posted.




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  • gccovet
    09-04 09:39 AM
    Hi,
    I apologize in advance if this has been discussed before.

    My case:
    Currently working on H1 with Company CURR, on 8th year of H1,

    H1 validity Dec 2009.
    I-140 approved > 180 days,
    I-485 filed > 180 days
    Currently have 2 year validity EAD.

    Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)

    Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.

    1. Will there be any effect to my GC process in case CURR Company revokes I-140?

    2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?

    I would appreciate any input on this matter. I need to take some decision very soon.

    Thank you all.

    Regards

    GCCovet




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  • Saralayar
    07-20 09:43 PM
    Yes, it's definitely a issue. Talk to your lawyer immediately.

    Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.

    I also did the same mistake. But when verifying before sending it to our immigration department, I found that I need to fill G325A. Then I filled the G325A and sent.



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  • chanduv23
    06-12 11:31 AM
    Because Mahatma Gandhi was born on october.:):)


    His 6years end in oct 2010.


    ds

    I was born in Oct too :) :)




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  • swamy
    01-02 12:57 PM
    I am from ATL

    eduction evaluation done by a prof from GA sate university
    and my transcripts.


    Spend some money and get your credentials evaluated by a professional organization - you should be able to locate one online. Some prof giving his opinion wont cut it with USCIS.



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  • ashshef
    08-31 12:44 AM
    Unfortunately this won't help....of course assuming you find a way to do it :)
    They look at the country of birth to determine the quota....not country of citizenship.




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  • JDM
    08-04 11:33 PM
    I got the magic mail today ---Card production ordered!!! Just for me.
    The status of my wife's I485 remains the same ---> Received and pending?

    Any one in similar situation?



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  • pappu
    10-18 10:16 AM
    I received a letter from BEC and it says
    This Notice of Findings is the Department’s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?

    sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.

    In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.




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  • Rb_newsletter
    10-07 04:54 PM
    pls make sure if they coem to your office you should atleast have a copy of your paystubs


    It is so hostile. So should we carry the pay stubs everyday? What if we don't have pay stubs with us?

    Already by law we are supposed to have the travel documents (passports + visa papers) all the time with us.



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  • ajju
    03-06 12:42 PM
    My Company is switching me to EAD and will cancel my H1. Saying that H1 is more expensive to maintain... They'll pay for my EAD renewal also... Anyway don't have a choice here unless I switch...

    My question is that my lawyer told that Iam allowed to work up to 120 days post EAD expiry if EAD renewal is delayed... They'll file 90 days before current EAD expiry..

    Does this sound okay.. Anyone heard anywhere that its allowed to work upto 120 days of EAD expiry pending EAD renewal??




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  • tmskhan
    05-25 12:41 PM
    Be prepared to stay there one night. I went there last week. The whole process was very smooth for all of us who went there to renew their stamps but had to spend the night to get the passports back.



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  • leo2606
    09-24 03:50 PM
    Any thoughts




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  • gc_kaavaali
    12-10 02:53 PM
    Please consider contributing IV...IV need your help to resolve our immigration problems.

    http://immigrationvoice.org/forum/showthread.php?t=15905



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  • cyclone_p
    06-21 12:24 AM
    Hello :

    My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.

    First Renewal Attempt :

    I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :

    The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.

    The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).

    Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.

    Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.

    Second Renewal Attempt :

    So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.

    This new app reached USCIS on June 1, 2010.

    It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.

    Needless to say, I was confused, frustrated, angry, sad...and everything in between.

    Starting Third Attempt :

    Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.

    I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...

    a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)

    b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).

    Request advice...

    I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.

    So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?

    I will really appreciate any comments/suggestion regarding my case.




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  • milind70
    02-18 12:16 PM
    Hello IVans,
    My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

    Thanks.

    I am pretty sure the medical exam expenses do qualify for tax deductible.
    As far as lawyer fees and USCIS fees there are two school of thought, one says the are tax dedutible and other say they are not, but as per my CPA( and i take services of a professional one and charges around 250 USD for my tax filing) anything that is work related is tax deductable i.e. softwares,stationary,part of apartment rent(if u telecommute),expenses towards job hunting, even H1B visa stamping fees,even bad loans can be written off as loses



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  • aarzoo
    01-18 08:40 AM
    Is the employer violating H1B requirements?? I understand legally H1B fees is the responsibility of the employer.




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  • amar123
    07-12 04:26 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    FBI delays is the prime reason for this fiasco.

    BTW my AOS is pending due to indefinite background check delay.
    Every guy thinks that his/her problem is always the biggest bottleneck




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  • gcadream
    02-24 02:52 PM
    Hi myeb2gc ,

    You added lot of hope in this H1 extn process but for how long did you got ur H1 extn ?




    dallasmbs
    07-14 11:03 PM
    From Dallas , will join




    kish006
    12-25 08:56 AM
    agc2005,

    Thanks for the reply.
    I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.

    THanks

    Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
    Please send your experince.

    Can I make this expedite. As I planning to go to India in Jan.



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