Monday, July 11, 2011

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  • milind70
    10-17 02:41 PM
    I got an RFE for I-131 for both myself and my wife. They have asked for absolutely everything (I-485 receipt, I-140 approval, I-94s, I-797s, marriage certificate, Passport copies etc). As my lawyer said "they have thrown the kitchen sink at you".
    I dont even know why - but the amount of documentation they have asked for seems absurd just to issue a travel document.
    BTW - my EAD from the sample application was approved!

    ______________________
    EB3 India (PD: 05/01/2004)
    I-485 Receipt date: 07/23/2007
    EAD approved: 09/04/2007
    FP notices: ????
    I-131 - RFE
    GC: god knows when

    Which Service Center has asked for these docs???
    NSC or TSC ????





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  • nogc_noproblem
    05-12 01:59 PM
    I have infact created a new thread sometime back specifically for EAD and AP direct filing address details.

    http://immigrationvoice.org/forum/showthread.php?t=18959





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  • orangutan
    05-27 11:41 PM
    bsbawa, really.... what were you thinking when you typed this? :)


    This is just a humour but has a meaning underneath if you try to understand. I am comparing USCIS to a product selling company. If USCIS was a TV selling company what would happen to the customers the way it acts ?

    You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
    The credit card will be charged once, may be charged twice or a valid CC may get rejected.
    Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
    USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
    In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
    There would be an online survey after you buy it which would never get submitted 99% of the times.
    In case it did get submitted, somebody will read one out of 10,000.
    After reading it he will throw it in the trash can.
    If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
    I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)





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  • chandrajp
    08-24 10:54 AM
    My wife will be on H1(currently on H4) october onwards...we received our EAD's yesterday. Can I still go and apply for SSN? I mean will that mean she is on EAD and H1 no longer valid?

    In my case my wife was on H4. She had to activate EAD to begin working. For that reason she applied for a new SSN.
    Based on my limited knowledge, if anybody activate's EAD and begins working on that EAD, they'll lose their H status. Experts need to confirm this.
    This is based on my limited knowledge. For expert advice, always consult a qualified attorney



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  • optimystic
    09-19 06:52 PM
    Reddog,

    Smart.
    It should be how many non-citizen children.
    But you both missed one more applicant, the spouse.

    The question should be,
    Are you married and if so, how many children you have who are non-citizens. We do hope most of them should be unmarried:D.

    Am I smart too..
    :)

    Sri.

    Well the smart question would simply be a multiple choice

    How many derivate/dependent applications filed along with your I-485 applications?

    a) 1 (just spouse)
    b) 2 (spouse + kid)
    c) 3 (spouse + 2 kids)
    4) I should get vasectomy


    Peace. :)





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  • la6470
    10-18 05:31 PM
    Well as I said before it is not to be taken seriously enough so as to increase your BP...but I am just curious what is so special about Hanukkah that it is mentioned everywhere in western mainstream media and not Diwali?



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  • irha
    12-06 07:20 PM
    Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.

    Thanks for the explanation, now I understand why my wife got only 1yr validity, where as I got 2yr. In reality my wife got only 11 months validity, as the from date started a month before we actually received it in the mail. It is a big pain and expense to renew every 11 months, if this is the case. Another gripe is that my validity started 2 months before the current one expired, effectively reducing the 2yr to 1yr and 10 months. It still better than 1yr, but I don't understand why they get simple things like this wrong.

    It is funny that I used to wait until the last minute to renew my car registration when I first arrived in the US, thinking I would loose time, but when I learned that that is not the case, I started registering at my convenience. Since EAD renewal is not as simple, we tend to apply early, and that results in getting some time lost. How early do you normally apply?





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  • gotgc?
    07-19 09:32 AM
    As in my birth certificate my mother's last name was not mentioned , I have just obtained an affidavit from my parents(together) using one of the samples floating around. But I just found that there is spelling mistake in my father's first name in one sentence. But in other sentences, its correctly wriiten.

    Is it ok to send this with application?

    Thanks

    In my company, my friend had the same issue. Our attorney as ked him to get a new one...ask your parents to get a new one and send you the scanned copy..in this way..it will be very quick. If you need a format, PM me..I can sedn you.



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  • sbajaj80
    09-14 01:04 PM
    Does anyone know if there is a time frame (say 60 or 90 days) within which they have to approve your EAD, AP & 485 after issuing the receipt notice?





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  • kshitijnt
    09-16 04:58 PM
    50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6

    Thanks

    It will be better if you use your in house staff for this. No need tp pay lawyer fees. Afterall its just a form. For straight forward cases, your staff can do all the documentation and I-129 filing.

    Actually %age vs salary depends on your billing multiple. The % age may work out better for employees if overtime is involved and employees get to charge overtime unless you are paying overtime to salaried employees as well.



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  • mps
    07-19 04:18 PM
    If it’s small consulting firm with a mom-pop type attorney just be very care-full! I was in same situation in 2001 my H1B pimp promised me that my LC was filed but they were waiting to put me behind 2001 May 31 (all 245(i)) and that’s what they did....that LC is probably still somewhere in PBEC ...well I was new to the game and I ended up wasting almost 5 years on that.

    Another story - my wife's consulting firm promised her that if she pays for LC they will continue her GC even if she joins the client we paid almost $7000 for LC it finally got approved probably few months back when attorney and employers stopped returning her call and e-mail. She contacted PBEC and we found that LC was approved...I'm sure they sold it someone else like us.

    Anyone needs name of these two consulting firms just PM me

    You must insist on photocopy and all receipts for your own record, your life depends on it!


    My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
    They did not even let me file my EAD and AP along with I-485.

    I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.

    I'm sure there would be many in this situation.

    Any thoughts what can be done?





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  • gc28262
    12-10 05:47 PM
    Can we do something about this.

    Maybe we can go to a federal court saying it is discriminatory and get a ruling to that effect. This would stop "any" state from coming up with such legislation.

    Many states have such rules. We need to deal with at a national/federal level.
    We have too many items to worry about. DL should not be one of those.

    In this country one cannot work without a driver's license. It is a matter of human rights. When USCIS gives us work authorization that has only 4 months remaining on it, a state ( Texas ) cannot say that I am not eligible to drive in this 4 months.

    There is some disconnect here.

    Isn't it something similar that happened when Gandhiji was thrown out of a train is South Africa. Gandhi was discriminated based on his color. We are being discriminated on immigration status for our right to work.



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  • dallasdude
    05-27 11:19 AM
    This is just a humour but has a meaning underneath if you try to understand. I am comparing USCIS to a product selling company. If USCIS was a TV selling company what would happen to the customers the way it acts ?

    You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
    The credit card will be charged once, may be charged twice or a valid CC may get rejected.
    Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
    USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
    In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
    There would be an online survey after you buy it which would never get submitted 99% of the times.
    In case it did get submitted, somebody will read one out of 10,000.
    After reading it he will throw it in the trash can.
    If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
    I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)

    So....What's the point? The employees at USCIS are humans too. Give them a break will ya? They are doing the best they can to accomodate everyone in here.





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  • nagu
    02-01 09:48 PM
    We applied for H1B transfer on Jan/02/09 (California Service Center - Premimum) and attached pay stub and employement offer letter. First time we did not attach any contract details.

    We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).

    There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,

    1. Contract Agreement Between Employer and First Layer
    2. Contract Agreement Between First and Primary Vendor
    3. Letter from Primary Vendor (stating that i am working their client project).
    4. Primary Vendor Invoices to Client
    5. Time Sheet (Client approval)
    6. Access Card
    7. Work site Photo
    8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).


    I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..

    thanks



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  • abh
    07-31 11:20 AM
    Our case is also in Des Moines,IA





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  • ebizash
    07-31 09:51 AM
    Yesterday evening even my case got transferred to local USCIS office . I have LUD on my I140 for today.My daughter's case is still with old LUD.

    This is definitely a good news for you. Hopefully it is an interview and your wait may be over soon!!



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  • sayonara
    08-26 10:54 AM
    Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.

    Cant beleive you said that ! Just think how it feels to be waiting for receipt notices, knowing people who filed in late June are still getting them (and only a couple of July 2nd filers so far)and also knowing that if something is wrong with ur application, its going to take years before you can apply again....and compare it to the additional 2 months u r going to wait for ur EAD/AP

    Thanks





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  • suriajay12
    09-16 06:36 AM
    I would consult an expert attorney and ASAP.
    Ajay.





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  • sidbee
    05-12 04:54 PM
    This thread is a crap fck.
    Why are we speculating the dates just for the heck.Pl stop this.





    hpandey
    08-20 03:51 PM
    I Still think we have a good chance atleast all those with priority date before today.


    The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
    U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)


    No way nurses and EB1 would count more than 5-6k per year....

    Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us

    Eb2 Filings have drasticaally gone down because of the USCIS rule

    Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance


    Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used



    Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are

    Eb1 ROW +india & china
    EB2 ROW
    EB2 India + china (very limited new cases)

    and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3

    Which would leave a lot of Visa numbers for Eb3 India/china and ROW


    Only time would tell if you are right or wrong but I like your view. Shows a ray of hope in an otherwise bleak outlook of the future.
    :)





    americandesi
    04-23 02:43 PM
    I think we are confusing multiple issues here. Once the 6 month period is over where the I-140 is approved and the I-485 is pending for 180 days it does NOT matter if the employer revokes the I-140 or not. You are good to go! (Unless ur a classified terrorist or a criminal).



    United Nations is right. Let’s say that there’s an employee with an approved I-140 + pending I-485 who switches his job using AC21 after 180 days. Now there are 2 possibilities here

    1) Employer revokes I-140 (AC21 applicable here)
    2) USCIS revokes I-140 (AC21 not applicable here)

    Employer revokes I-140: In this case unless the employee had filed AC21 papers, I-485 is most likely to be denied as USCIS doesn’t have any record that the beneficiary still has similar or same job offer. Hence its advisable to file AC21 well in advance in such situations.

    USCIS revokes I-140: At times USCIS might revoke a previously approved I-140 if the employer fails the “Ability to pay” test for all pending GC applications. This is more dangerous as the bonafide nature of the previous I-140 approval is in question now. Refer one of my old threads below on this topic.

    http://immigrationvoice.org/forum/showpost.php?p=230209&postcount=9

    Such a situation can be avoided if the employer himself withdraws the I-140’s of ex-employees so that he’s no longer burdened to prove ATP for all pending GC applications.



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