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,
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Norristown
10-15 07:15 AM
Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.
Waitingnvain
07-31 09:04 PM
H visa by nature is dual intent. One does not lose it after getting EAD.
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logiclife
01-03 10:58 AM
We will start a system of monthly recurring payments today.
It will be using paypal. We have had paypal for over a year now and its easier to setup that way.
Everyone, please hold on to signup for monthly recurring payments.
The options will be :
$20 per month.
$50 per month.
$100 per month.
They will be secure transaction thru paypal and you can connect your chosen credit card or debit card to paypal and each month paypal will deduct the amount and send it to IV.
It will be using paypal. We have had paypal for over a year now and its easier to setup that way.
Everyone, please hold on to signup for monthly recurring payments.
The options will be :
$20 per month.
$50 per month.
$100 per month.
They will be secure transaction thru paypal and you can connect your chosen credit card or debit card to paypal and each month paypal will deduct the amount and send it to IV.
more...
angelfire76
10-05 01:11 PM
As I've been hearing different versions of this conference call.
1. Expect further retrogressions on the visa bulletins
This is common among all versions
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"
3. Do not expect premium processing to be re-instated for I-140s for a while
Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.
Nothing new. This law was introduced on July 16th by DOL.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
Work site enforcement of employers who have petitioned as H1-B dependent.
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?
17. The US consulates and CBP are Googling you!
This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:
1. Expect further retrogressions on the visa bulletins
This is common among all versions
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"
3. Do not expect premium processing to be re-instated for I-140s for a while
Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.
Nothing new. This law was introduced on July 16th by DOL.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
Work site enforcement of employers who have petitioned as H1-B dependent.
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?
17. The US consulates and CBP are Googling you!
This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:
sam_hoosier
03-26 10:18 AM
I am hoping to travel via emirates to bangalore..I have avoided other airlines due to transit visa issues...any experince using Emirates??.
I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)
I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)
more...
GCwaitforever
02-27 04:21 PM
Leslie,
Check this out. http://en.wikipedia.org/wiki/V_visa
Check this out. http://en.wikipedia.org/wiki/V_visa
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NeedMiracles
06-03 09:11 AM
The link says all the majors considered as STEM. If you choose Browse by STEM discipline - those are the STEM disciplines..
more...
GCBy3000
07-08 11:38 AM
When the papers are prepared, attorney will send it to the candidate to review and sign it. Dint you find the flaws then? if not, then it is your mistake and the attorney will bill you for sure.
My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.
My friends lawyer screwed up the application and it was returned. Later on it was filed and got accepted without their help. Now they are billing him and threatening him. What can he do?
My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.
My friends lawyer screwed up the application and it was returned. Later on it was filed and got accepted without their help. Now they are billing him and threatening him. What can he do?
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CaliGC
06-15 04:12 PM
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
2. Did you speak on the phone?
3. When was your name check cleared?
4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
TIA
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
2. Did you speak on the phone?
3. When was your name check cleared?
4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
TIA
more...
sbabunle
09-05 03:44 PM
The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.
Well if the Republicans want those hispanic votes why dont they
pass the CIR right away? Why they have to wait until the mid term?
Well if the Republicans want those hispanic votes why dont they
pass the CIR right away? Why they have to wait until the mid term?
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hsbaluja
09-24 01:48 PM
Backlog... This word is not in dictionary of USCIS.
USCIS never think of backlog. For them new filings are like subscribing to them and it generates constant revenue for them when people file for EAD, AP etc..
USCIS Slogan... KEEP FILING, YAHE HAI RIGHT CHOICE BABY
USCIS never think of backlog. For them new filings are like subscribing to them and it generates constant revenue for them when people file for EAD, AP etc..
USCIS Slogan... KEEP FILING, YAHE HAI RIGHT CHOICE BABY
more...
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LOL123
02-13 03:41 PM
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
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miguy
02-07 02:21 PM
I paid my lawyer with a single check that had the USCIS fee + Attorney Fee...so I never got back the deposited check.....If I had know about this trick, I would have sent my lawyer two separate checks. Is there any way I can call USCIS and ask them the LIN# ?
All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
Then you can go online and ensure that it's valid and the dates match.
Good Luck,
All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
Then you can go online and ensure that it's valid and the dates match.
Good Luck,
more...
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immi_2006
10-23 12:23 PM
If you are worrying about your GC costs then file it on your own. Its very easy. I filed 485 on my own along with EAD and AP. I got my receipt numbers, EAD, FP. I guess 140 needs to be filed my employer with help of Attorney. Or you can file with help of your employer.(i am not sure on this)
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HOPE_GC_SOON
05-04 10:30 AM
Hi Immi2006.
Please help me understanding this..
Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:
Please enlighten me....
thanks:)
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
Please help me understanding this..
Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:
Please enlighten me....
thanks:)
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
more...
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casinoroyale
01-07 09:11 AM
I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.
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rkgc
08-20 02:02 PM
Hi All,
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
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vjkypally
08-06 12:17 PM
Where you moved from NSC to TSC or did you file at TSC?
eyeswe
09-04 02:25 PM
While I may not subscribe to the theory of no work at CIS, if most cases are pre-adj and so the dates have to move forward, I do believe that the 485 is now essentially a two step process
Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
You need the PD date to apply to this step 1.
Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
And then ..
Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...
If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...
Just prophesizing....for 2010
Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
You need the PD date to apply to this step 1.
Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
And then ..
Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...
If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...
Just prophesizing....for 2010
Ψ
06-05 10:19 PM
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