GCFISH
09-26 05:00 PM
I am a july 2nd filer, just called the call center, call got transferred to 2nd level rep. She looked in the system and it's not in their system yet. And she couldn't advise any thing when I asked her what is the next step.
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gondalguru
07-26 10:15 PM
Good work Vikram. I tested it out and seems preety useful.
GoGreen
07-18 09:58 AM
Hello all, my lawyer is charging $600 for EAD (including uscis fees), I heard from one of my friends that EAD can be applied by yourself.
Has anyone done that?
Is it easy to do that?
Has anyone done that?
Is it easy to do that?
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gcisadawg
03-27 01:16 AM
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
u bet! :)
u bet! :)
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gcpool
07-08 09:19 AM
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?
andycool
01-06 04:54 PM
Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
Best,
Pria
Pria
send 2 photos too, even though the application tells do not send photos ( e filed ) , I suggest you to send photos.
thanks
Best,
Pria
Pria
send 2 photos too, even though the application tells do not send photos ( e filed ) , I suggest you to send photos.
thanks
more...
vishwak
08-13 11:08 AM
I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.
Its been less than 100 days....
Did she get Paystub, If not you are good.
I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.
USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.
Its been less than 100 days....
Did she get Paystub, If not you are good.
I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.
USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.
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logiclife
02-08 11:48 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
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unseenguy
05-16 03:14 PM
Choosing Consular processing vs AOS is a very tricky question. Lot of things come into picture:
A) Job security , stability etc. and current & future job prospects.
B) Personal situations such as whether EAD / AP benefits are required.
C) Country of chargeability.
Marking Consular process on I-140:
1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.
For those from retrogressed countries, this option is beneficial if you are far away from your PD.
For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.
So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.
A) Job security , stability etc. and current & future job prospects.
B) Personal situations such as whether EAD / AP benefits are required.
C) Country of chargeability.
Marking Consular process on I-140:
1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.
For those from retrogressed countries, this option is beneficial if you are far away from your PD.
For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.
So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.
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tulips
05-25 08:52 AM
Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?
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lostinbeta
10-03 11:53 AM
Thanks :) I while back I wrote an Action that produced the effect because I used to use the fade out effect a lot, but my Photoshop got screwed up somehow and I had to remove it. So I don't have that Action anymore:(
Maybe I should remake it, I don't know, I don't use the effect as much anymore. I think I could just do it by hand.
Maybe I should remake it, I don't know, I don't use the effect as much anymore. I think I could just do it by hand.
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TomPlate
01-09 03:29 PM
All will become current. Donate guys.
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house 2012-Shelby-GT-350-Mustang-
Ann Ruben
02-11 09:30 PM
Hi Euclid,
In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.
Ann
Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?
A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.
Ann
Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?
A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
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a1b2c3
12-19 02:28 PM
Practice what you preach.
BTW myself and majority of members on this forum hasn't replaced any American worker.
Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D
BTW myself and majority of members on this forum hasn't replaced any American worker.
Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D
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atlgc
11-09 09:32 AM
the attroney preparing with masters plus 7 years experience
he says not every application get audited but there are chances
per him its not post masters years ,its over all experience
he says not every application get audited but there are chances
per him its not post masters years ,its over all experience
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Anders �stberg
July 15th, 2004, 02:25 PM
Just one more... :)
Open:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6562.jpg
Closed:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6561.jpg
Open:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6562.jpg
Closed:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6561.jpg
more...
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karanp25
06-16 11:57 PM
LOL...that's the best reply you could come up with? "You are not looking for experiences but relevant information" - what else could be more relevant than an experience?
BTW, that isn't my experience, but it may very well be yours given that the list of questions you have are rather irritating.
Do you really think your anxiety and you tracking every step (name check, BG check, assignment to officer...blah blah) of you GC will really get you the GC faster? I seriously doubt that.
But after thinking a bit more - i now understand your plan. Your list of questions may impress the infopass immigration officer, and the officer may recommend that you should be hired by USCIS as an IO, given that you are more familiar than him/her with the immigration process. Once you are hired, you plan to approve your own GC? Isn't that true?
I am impressed.
BTW, that isn't my experience, but it may very well be yours given that the list of questions you have are rather irritating.
Do you really think your anxiety and you tracking every step (name check, BG check, assignment to officer...blah blah) of you GC will really get you the GC faster? I seriously doubt that.
But after thinking a bit more - i now understand your plan. Your list of questions may impress the infopass immigration officer, and the officer may recommend that you should be hired by USCIS as an IO, given that you are more familiar than him/her with the immigration process. Once you are hired, you plan to approve your own GC? Isn't that true?
I am impressed.
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anilsal
07-30 06:36 AM
W2s to indicate annual salaries in the last 1-3 years such that they know that you made at least as much as the labor application said.
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lazycis
07-01 04:44 PM
Well, definitely do not pay anything voluntarily. Wait for them to start legal action. If they don't, you are free. If they do, consult with an attorney and you can always settle outside of court. Non-compete clauses are difficult to enforce, but it is a possibility. It depends on the contract you signed with A.
conundrum
05-25 07:09 AM
Additional Info: The senators offices open only at 8:30am.
posmd
03-28 08:24 PM
posmd,
If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.
I agree with you on the above. I already stated if we get that and nothing else it should still be considered to be some kind of victory.
I was merely responding to that sentiment that it is the number one priority. I just believe that an end to retrogression and the hard country limits should be that. I think you guys are on the right line of thinking.
I want to congratulate you on your excellent work. We all do sincerely appreciate your efforts.
If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.
I agree with you on the above. I already stated if we get that and nothing else it should still be considered to be some kind of victory.
I was merely responding to that sentiment that it is the number one priority. I just believe that an end to retrogression and the hard country limits should be that. I think you guys are on the right line of thinking.
I want to congratulate you on your excellent work. We all do sincerely appreciate your efforts.
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