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Written By muthmmuuuaaanniish on Sunday, June 26, 2011 | 4:09 PM

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  • EB3_SEP04
    08-27 11:23 PM
    If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.

    Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.

    Be careful and try some way (as suggested above) to know about your I-140. All the best.

    It'd be helpful for readers if you please update your profile with your case details.





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  • gc_kaavaali
    05-21 02:22 PM
    Below are the contents from that pdf document....does it means they will issue interim EAD after 90days??????.

    Interim Employment Authorization Document

    USCIS is required to adjudicate a pending Form I-765 within 90 days from the date of receipt. 8 CFR 274a.13(d). Failure to complete the adjudication within this time frame requires the Service to grant an employment authorization document for a period not to exceed 240 days. The following steps are being initiated to reduce, and eventually eliminate, the need for USCIS to issue an interim EAD.

    Field Offices

    Local Offices will no longer accept and adjudicate Form I-765 for an Interim EAD. The Service Centers or NBC will be responsible for adjudicating the pending I-765 and issuing interim or non-interim documentation. Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks.

    � CLAIMS Verification
    o Underlying application remains pending
    o Determine if RFE has been issued, thus tolling
    the 90-day adjudicative requirement o Form I-765 remains
    unadjudicated
    o Biometrics have been captured�if not, refer to ASC
    � Contact NBC or Service Center to initiate EAD production�either Interim
    or Non-Interim
    � Provide Notice to applicant acknowledging status inquiry.


    Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)





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  • ramaonline
    07-27 02:10 PM
    You must first get into EAD status by filing form I9 with your employer. After that you can do a second job part-time or weekends / online etc using ur EAD. EAD allows open employment for your second job - not necessary to be the same as ur current full time job.

    H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.





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  • sundeep14
    09-08 11:14 AM
    On the website it says...


    * Calls to Access numbers will be charge by local operator.


    Any ideas what these charges are?



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  • fastergcwanted
    07-18 09:48 AM
    Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay will be/would have been the same either way. i.e the 750000 applicants will apply all at once or at regular intervals. The bright side is that spouses will get their EADs.
    Mr.Oh also assumes that USCIS processing procedure and speed will not change.
    It sounds like fluff reporting that popular media does. All fluff, no value.:D

    Well..there would not have been 750,000 applications to start with if the dates were moved in line with visa numbers..slowly but surely. This would have meant USCIS resources in line with the incoming applications.

    I hardly doubt after this forced backturn by USCIS..they would be even considering making it any faster......

    I just feel there is no fair discussion on this topic because

    1) Lawyer derive their money out of new filers (mostly 2006 and 2007)
    2) Institutions like IV and others get their funding from new filers (as they are in majority)

    Remember same thing happened when no one was fighting for the plight of people stuck in BPC...but they all cried about retrogression......

    Are these lawyers even considering that there are serveral application still pending at BPCs....and they will be behind all this unfairly filed PERM applications ahead of them...

    Grossly unfair...one would say





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  • Life2Live
    01-09 12:55 PM
    Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.

    Looks like they may work on May 2007 cases sometime this month occording to NSC progress.



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  • furiouspride
    01-04 09:43 PM
    Hi Chris,

    I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.

    Thanks in advance

    Next time, instead of digging up a 3 year old thread, try the PM feature :)





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  • plassey
    07-28 11:35 AM
    One more expert...:D
    My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....



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  • GC4US
    03-30 01:07 AM
    Thank you guys for helping me.
    Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
    Thanks again!





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  • cris
    08-30 10:00 AM
    for gg_ny

    this is extension of H1B based of aproved I140 .

    if i understood correctly the application for H1 extension will became null and void if i travel outside of US .

    this is very interesting. I was not aware about this .

    Anyway, thank you for your valuable input



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  • amsgc
    03-31 06:03 PM
    I hate to be nitpicky here, but that is not what Ronnie said.

    Ronnie stated in no uncertain terms that "Immigration and Tax Filing are not at all related". This statement, in any which way you look at, is factually incorrect. Unfortunately it perpetuates the misconception that your non-immigrant status (which is an integral topic in the subject of immigration) has nothing to do with your taxes. In fact, many people often make this mistake, only to be corrected when presented with the 1040 instructions, and Publication 519.

    If Ronnie had said something to the effect that filing jointly or separately will not have an affect on your immigration status or Green Card application, then I might not have objected. However, it should be filed in compliance with the law.

    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !





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  • frostrated
    07-06 12:44 PM
    you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.



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  • bipin
    03-18 01:33 PM
    Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?

    when I got the project and during the H1 transfer he cancelled my H1, When I called him, to keep himself from me complaining about those 5 months� pay he assured me to keep the I-140 for my H1 survival (Hopefully till I get another I-140).

    But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.

    Now I'm mad since I'm stranded, and if possible complain about him.

    I need HELP.

    You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.

    So tell me what is remaining beteween you and your ex-empoyer???
    So he cancelled your H1B and also your I-140 later.
    Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?





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  • shukla77
    07-23 10:22 AM
    I have the same problem with my father's passport and I could not fill DS156. Let me know if there is any solution to this issue.



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  • anishNewbie
    09-11 11:38 AM
    @vsuri , @prasadn, @eb2_mumbai

    Thanks guys for sharing your exp.. this is what i was talking about.. it gives me some confidence starting my GC...Any1 out there please share your experience on EB2 filed as MS + 0

    Could you guys tell me that ur advertisement/job requirements -- had any alternate education in it..like BS +5 as per the norm..

    If yes, then it would be gr8.. if u can have a look at ur LC/9089 form and let us all EB2 aspirants know that..what did you specify in your H section..at 4(as min requirements-- MS or BS +5) and what as alternate requirements(8-A,C)

    Did any of you guys, or any1 here had to prove Business Necessity when they filed EB2..

    Thank uuuuuu.....:D (P.S. looks like we are going to beat NZ todayy)





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  • aviko21
    10-06 01:31 AM
    nah i did call my lawyer who told me that i will recieve the AP and to fax him a copy for his files when i eventually do get it!



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  • Ramba
    09-03 04:48 PM
    You have two options. One is forget the current GC and take new job re-start your GC.

    The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
    The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.

    Wrong information. In order to retain the PD from old 140 when filing new 140, the both jobs need not be in same/similar field. You are confused with AC21 job change. The first 140 job can be a "cook" in eb3, and the new 140 job can be "rocket scientist" in eb1.





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  • logiclife
    05-10 01:07 PM
    Friends,

    If I was within 3 hours of driving distance from downtown DC(like VA, PA, DE, MD) then I would leave early from work a couple of hours to attend this event. Some members are flying from Seattle, Nevada, Florida and other are driving from NY, NJ etc.

    It would be worth your time to hear first hand from Immigration Voice, something that has been much desired by many members when they want to know the future direction and current prospects. Plus you would know other IV members in DC area with whom you can co-ordinate in the future.

    So, although this event is on monday due to scheduling reasons, its worth leaving work a couple of hours early if that's what it takes to make it here.

    If you make a decision, here is the RSVP email again(we need head count for planning).

    RSVP:

    jay@immigrationvoice.org
    info@immigrationvoice.org





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  • nhfirefighter13
    June 4th, 2004, 01:36 PM
    Who'd have thought a photo of a bubble could be so neat? :)


    Those are cool (I like the very first one best) what shutter speed were those taken at?





    asdfgh
    10-15 05:53 PM
    Just got all receipt notices - 485, 131, 765. Online status shows "EAD card ordered"; "AP Approved - Notice sent". No FP yet, but overall its been a good day.


    CSC will transfer the 485 to other service center (TSC, etc..) if you do not belong to their jurisdiction, but will process your EAD/AP, if they do the data entry. My 485 is transfered to TSC and got the transfer notice, but they also processed the EAD/AP. Received the EAD/AP from CSC.





    javadeveloper
    07-20 04:16 PM
    Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

    A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
    100% legal status as he is having continious payslips after his re entry.

    B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

    In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.



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