Hello_Hello
10-29 09:16 AM
It is dark age for immigrants in America. They are just inventing ways to harass people. There shouldn't be a reason to issue EAD or AP in time. They have increased the fees several folds in recent years. They want us to run pillar to post for everything, be it work permit, travel document, driver's license...Just discouraging aliens to live in this country.I am trying to understand the cause for this huge delay to issue either EAD or AP. Could it be due to a large number of I-485 filers in July 2007 that the agency is unable to handle the volume of requests (either for a new one or renewal)?
Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?
Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?
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x1050us
07-19 01:03 PM
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
gc_maine2
12-28 03:32 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
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rajakannan
06-28 08:02 PM
if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?
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drona
09-04 06:04 PM
Please update your profiles in the User CP to "Yes - I will attend the rally in DC". This will enable you to receive the latest updates on the rally from IV Core.
nk29
08-05 12:32 PM
GCMaine:
I agree with Eb3Retro... My husband did his PMP Certification on his own.. he used a couple of pmi guides that he bought from amazon.com in addition to the PMBOK book. he worked on this certification for 3 to 4 months and passed it. It is possible. It is quite useful according to him if you want to lead teams. No need to spend money on this training.
NK29
I agree with Eb3Retro... My husband did his PMP Certification on his own.. he used a couple of pmi guides that he bought from amazon.com in addition to the PMBOK book. he worked on this certification for 3 to 4 months and passed it. It is possible. It is quite useful according to him if you want to lead teams. No need to spend money on this training.
NK29
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abused
11-28 04:33 PM
July 6th filer awaiting FP (no SR opened yet). My case has been transferred back and forth between Nebraska and California. I asked my lawyer - he advised me to "Sit tight as there is nothing that can be done except to wait for them to process my I140, I485, I765 and I131 applications."
So here I am, still being underpaid and abused by my current emloyer. ...waiting for the day that I can escape and get a better paying job and work in an employee-friendly environment.
So here I am, still being underpaid and abused by my current emloyer. ...waiting for the day that I can escape and get a better paying job and work in an employee-friendly environment.
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jonty_11
12-05 02:58 PM
Not going to happen - whole point of not giving h1's their Social Security is to use to fund USs' dwindling Social Security funds. H1 is supposed to fund SS for the Baby boomers here. There is no way in hell we will get it before 10 years on H1.
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glus
04-13 12:09 PM
I am sure this is the right place to ask such questions but I could not find other thread to post my question.
When we file for I-485, what document do we need to attach to the I-485 form?
Do we need valid Passports?
In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...
When we file for I-485, what document do we need to attach to the I-485 form?
Do we need valid Passports?
In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...
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bestia
01-26 08:51 PM
Just as example. With my first employer in the US I signed a contract without even reading it well (stupid thing to do, btw). Later I noticed that I signed something like "any products, technology, software, documentation, etc. ever developed by [me] is property of [my employer]". I don't remember the exact wording and lazy to look it up, but it meant that anything I will ever develop will belong to my employer. I didn't hesitate to leave them and contact their direct competitor, my previous employer wrote me "cease and desist" letter threating with legal actions if I will not respond with some time frame. I showed the contract to a lawyer and asked "what should I reply?". He laughed and said - reply "I suggest you to start legal actions immediately" or better don't reply at all. He won't be so stupid to go with this to court - he will lose the case and you will sue him back and recover all expenses.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
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traffic_engr
04-01 05:55 PM
Sent #10 earlier
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Sheetal_MA
02-25 03:17 PM
Sheila -
You have not responded to my post so far.
How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.
Have a good day!
Desi - that is a very good question!
I don't understand Sheila's position. Until recently (2001), someone with a Bachelors degree could become a CPA since the requirement to take the exam was a certain number of credit hours roughly equivalent to that of a 4-year Bachelors degree. Anyway, I consider a CPA as a certification, not a degree. If USCIS has been accepting CA to be equivalent to a Masters degree, then it is quite generous of them.
You have not responded to my post so far.
How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.
Have a good day!
Desi - that is a very good question!
I don't understand Sheila's position. Until recently (2001), someone with a Bachelors degree could become a CPA since the requirement to take the exam was a certain number of credit hours roughly equivalent to that of a 4-year Bachelors degree. Anyway, I consider a CPA as a certification, not a degree. If USCIS has been accepting CA to be equivalent to a Masters degree, then it is quite generous of them.
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asindu
07-14 09:07 PM
Please dont talk BS if you do not even know who i am...i'm a member of this group since the start!!! So you have no right to say stuff you don't even know..i'm really tired of people being selfish and not caring about kids who do age out. Some children need this because they do become illegal, like myslef eventhough we we're legal...it doesnt harm you guys...so please help the dream act effort!!!
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mzafar125
01-31 08:57 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/01/30/AR2007013001864.html?sub=AR
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mybid2003
11-10 10:59 AM
Mybid2003,
If your case is filed by lawyer, then your lawyer will also receive a copy of your FP Notices. So you may want to contact your lawyer and see if he got it?
Yes. I did check with my lawyer. She didn't receive yet. :confused:
If your case is filed by lawyer, then your lawyer will also receive a copy of your FP Notices. So you may want to contact your lawyer and see if he got it?
Yes. I did check with my lawyer. She didn't receive yet. :confused:
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miguy
06-19 03:36 PM
when did you file your 485?
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EBX-Man
04-29 01:07 PM
This deal has nothing to do with retrogression and how CIS works. That will remain the same irrespective of whether India buys american planes or not
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EndlessWait
07-27 01:24 PM
I guess Phone answering people job is to answer the phones(not receipting), correct me if I am wrong.
if they've less calls, they can do some other real work.
in any case..they took 1-3 months in case of reciepting 65K H1s. How soon do you think they can receipt 10 times that number..
if they've less calls, they can do some other real work.
in any case..they took 1-3 months in case of reciepting 65K H1s. How soon do you think they can receipt 10 times that number..
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nozerd
01-04 01:05 PM
If this were Canada or Sweden the wives could become " domestic partners" of each other and ask your friend to f.o.
Alsas the US doesnt reconize domestic partners :)
Alsas the US doesnt reconize domestic partners :)
gc_maine2
12-28 03:32 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
kshitijnt
08-08 03:18 AM
Do not decide your long term life with short term outlook. Give enough confidence to your would be wife that she is in your future plans. As many have said, if she can be brought here immediately, try H and L visa. Or get a reentry permit and move to India for 1-2 years and then try for H or L visa. However H & L visa are at the mercy of the company and I dont really think that is an option unless there is a project on radar.
Since your situation is aggravated, your wife can apply for F1 visa and come here. How you want to answer visa questions on DS-156 or date your marriage cert is upto you. But all said and done and whatever the morale police on this board have recommended is not really valid because you will be going through all of this and not these people who are giving other suggestions. I really want to ask all these people who say dont backdate marriage cert or dont get her on F1, are you guys angels and have done nothing wrong in your lives or are you just preaching others not to sin?
But think about it, 5 years is a very long time and you might want to just give up GC if nothing else works. I would not have given up a girl ;) I wanted to marry for the sake of GC. Remember your life is not about GC or living in america, its just a tool to make your life better.
Since your situation is aggravated, your wife can apply for F1 visa and come here. How you want to answer visa questions on DS-156 or date your marriage cert is upto you. But all said and done and whatever the morale police on this board have recommended is not really valid because you will be going through all of this and not these people who are giving other suggestions. I really want to ask all these people who say dont backdate marriage cert or dont get her on F1, are you guys angels and have done nothing wrong in your lives or are you just preaching others not to sin?
But think about it, 5 years is a very long time and you might want to just give up GC if nothing else works. I would not have given up a girl ;) I wanted to marry for the sake of GC. Remember your life is not about GC or living in america, its just a tool to make your life better.
