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  • tnite
    09-26 04:05 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    See my signature for NSC timeline for my I485





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  • nozerd
    02-23 01:24 PM
    Only problem with H4 is they cnt get OPT after finishing the degree. Also they cant get any job on campus like F1's can.





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  • eeezzz
    03-06 02:34 PM
    I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
    The words in red and bold is the right direction for a solution.
    When there's a "NOT" in front of it, it is no longer a correct direction.





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  • rajuram
    06-11 04:46 PM
    Will this not clog the system? How do you think they will approve GCs if we bombard them with letters and queries? They have only so much resources.



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  • EndlessWait
    01-10 04:45 PM
    So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.

    The two processes Name check & FP are parallel, not sequential.

    I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)

    USCIS works in strange ways...i may be using logic that's beyond their IQ :)

    Take it easy...

    just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '

    thanks





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  • gcnirvana
    11-14 07:44 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain

    It happened to me 3 years ago. They moved a bunch of LCs (from my company and also other companies in that region) from RIR to TR stating "unstable market" reasons. If your company has a freeze on hiring or a lot of lay-offs then it might happen. As USCIS claim to process all LCs by Sep 2007, you might want to wait till that and then decide on a future course of action. Or if you don't have a lot of wiggle room in your H1 then you can try the PERM route and atleast get your I-140 cleared.

    As for me, I did just that and am in a much better position in my new company (in both, what I do and how much I earn). I am not suggesting you do the same thing but am just letting you know that there is always a way around this misery. Just dont get dejected; do a lot of thinking; talk to your friends/well wishers/family and then decide.
    Just my 2 cents...

    Good Luck!



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  • chanduv23
    10-09 05:40 PM
    I am in.

    Welcome Amma :), please help "needhelp" - she is really in need of help :)





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  • eb3retro
    12-25 01:23 AM
    Hi

    I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

    Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

    I have proper timesheets that i had submitted with client to prove my work hours with client.

    How do i get my pay stubs and my pay?

    Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD



    for god sake, let us know the name of the employer. that will save a soul or two. thanks.



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  • pnara2
    01-24 10:04 AM
    Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??


    Thanks,
    Prasad.





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  • venky08
    07-27 02:52 PM
    Related to the questions on this thread.

    What happens when:
    AOS has been filed and it is more than 180 days AND
    dependent has started working on EAD AND
    primary applicant loses job

    Case 1: primary applicant is also on EAD
    Case 2: primary applicant continues on H1 without using EAD

    Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

    thanks!
    the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c



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  • amitjoey
    07-06 01:03 AM
    Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
    --sri


    If somebody wants to create a seperate message, release it, I can dig it.
    I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.

    Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).





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  • wikipedia_fan
    04-09 03:04 PM
    Guys and Gals,
    I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

    Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.

    Questions:

    Is this legal?
    Is it a common practice?

    Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Thanks for your time.

    If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
    It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.

    a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.

    The law states that you have the right to file for MTR if you think there are facts ignored by the officer.

    It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.

    Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?

    Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.

    Please talk to an experienced immigration Attorney and they can explain all this stuff.



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  • rameshvaid
    05-26 11:50 AM
    I showed my 485 Receipt notice as evidence and renewed my licence. You don't have to always produce EAD (then every 2 year you have to renew the licence).

    If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.

    Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..

    Pls. advise..

    Best...





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  • andy garcia
    07-18 10:08 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?

    Here is:

    e-file 765(180 $)
    Send copy of 485 along with printout of receipt
    Wait for FP appointment
    Done(got cards 40 days later)


    I already did it for wife, son and myself.

    Saved about 1500$



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  • immigrant2007
    07-19 03:05 PM
    Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

    What if the company with your first 140 withdras th applciation (assuming 140 was approved for more than 180 days and I485 is also pending more than 180 days)
    Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?





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  • xela
    06-03 09:37 PM
    lawyer paper filed april 15th
    receipt received april 27th
    received date april 16th receipt date april 26th

    last soft LUD April 30th

    no fp notice or anything since

    called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change



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  • freddy22
    07-20 09:34 AM
    The Board of Immigration Appeals has ruled, in a unanimous, en banc decision, that an adjudication of youthful offender status under New York law does not constitute a judgment of conviction for a crime under the Immigration and Nationality Act. The BIA also held that the respondent's subsequent resentencing following a probation violation did not convert the youthful offender violation into a judgment of conviction. The ruling confirms that the enactment of a statutory definition of "conviction" (INA � 101(a)(48)(A)) as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) did not affect longstanding BIA precedent holding that juvenile delinquency offenses do not constitute convictions under the INA.





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  • somegchuh
    09-22 04:39 PM
    Is it possible to include "allow filing 485" if labor has been pending for 2+ years?

    Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.

    I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.

    But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.


    vivache:

    Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.





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  • intezar2005
    04-21 09:59 AM
    My appointment date was Apr 02 and they received my documents on March 30th. I kept calling the ph # given on their website after nth try , I was able to talk to one lady on 15 th april, she said it has been only 4 working days for embassy since they received my application, and it will take couple weeks more to get my passport renewed, if it does not require additional processing.

    I used epassportphoto website to get 3.5X3.5 pics





    RayP
    12-08 03:13 AM
    Thanks for your response. Good to hear that I can file while I am outside the US.
    Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!





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