ndbhatt
06-23 12:11 AM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.
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perm2gc
10-20 12:11 PM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..
deardar
09-29 01:39 PM
Thank you
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Libra
11-15 11:20 AM
At least after DEC visa bulletin don't you guys think its time to act? Lets meet and greet in MN.
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amitga
06-22 07:06 PM
Google is your best friend:
http://chennai.usconsulate.gov/b-1-lh.html
http://chennai.usconsulate.gov/b-1-lh.html
smartboy75
08-14 11:56 AM
Hi All
Just wanted to share my exp as I had been to Biometric appointment yesterday.
I had an appointment @ 9:00 AM and my wife had it @ 12:00 PM...I reached at 8:15 AM and requested the staff if my wife could get her biometric done with me instead of waiting till 12:00 ...she refused....inspite of having only a handful of people she said she will only take her by 12:00 PM.....
I had my biometric done in 1 min...they took the application, asked me to confirm my name , took index finger print , took a snap and I was done....same thing for my wife....total time for both biometric 2 mins...wait 3 hrs....
Also intrestingly my wife had received an RFE for her EAD renewal.....guess what the RFE would be ???? I could not believe when I received the letter....the RFE letter was mailed on Aug 8th ..I received it in AUg 12th...it said that USCIS has not yet received my wife's biometric information and hence her case has been put in hold......the second page said pls provide the date of bimoetric appointment, ASC code , QA Review by -------- on ----------- and confirmation number if any....
Luckily for me our Appt was on Aug 13th...so I took the letter with me and showed it to the lady at the centre and she filled it out....but had a received the letter a day later...I had no clue what the heck to fill in QA review by ------ on -------- section....
What is more ridculuos is USCIS sends in the letter that they can see that biometric has not been done and hence they put my wife's case on hold.....they can very well see that the appointment is on Aug 13...so why send a letter to me asking when the Appointment is ????
What a waste of time and money....and the bigger implication is people who r working on EAD and who desparately need the EAD renewed in time have to unnecessarily go thorough the agony of having their application put in hold till the response is sent..when time is so crutial. If this unnecessary delay causes the EAD renewal to take more that 90 days, it is again the risk of loosing employment or salary for the applicant....
Anyways, I have filled out and mailed the respose to RFE today and hopefully they should process the application now...
Thought I should share my exp for all those who may receive same letters in the future......Hope this helps....
Just wanted to share my exp as I had been to Biometric appointment yesterday.
I had an appointment @ 9:00 AM and my wife had it @ 12:00 PM...I reached at 8:15 AM and requested the staff if my wife could get her biometric done with me instead of waiting till 12:00 ...she refused....inspite of having only a handful of people she said she will only take her by 12:00 PM.....
I had my biometric done in 1 min...they took the application, asked me to confirm my name , took index finger print , took a snap and I was done....same thing for my wife....total time for both biometric 2 mins...wait 3 hrs....
Also intrestingly my wife had received an RFE for her EAD renewal.....guess what the RFE would be ???? I could not believe when I received the letter....the RFE letter was mailed on Aug 8th ..I received it in AUg 12th...it said that USCIS has not yet received my wife's biometric information and hence her case has been put in hold......the second page said pls provide the date of bimoetric appointment, ASC code , QA Review by -------- on ----------- and confirmation number if any....
Luckily for me our Appt was on Aug 13th...so I took the letter with me and showed it to the lady at the centre and she filled it out....but had a received the letter a day later...I had no clue what the heck to fill in QA review by ------ on -------- section....
What is more ridculuos is USCIS sends in the letter that they can see that biometric has not been done and hence they put my wife's case on hold.....they can very well see that the appointment is on Aug 13...so why send a letter to me asking when the Appointment is ????
What a waste of time and money....and the bigger implication is people who r working on EAD and who desparately need the EAD renewed in time have to unnecessarily go thorough the agony of having their application put in hold till the response is sent..when time is so crutial. If this unnecessary delay causes the EAD renewal to take more that 90 days, it is again the risk of loosing employment or salary for the applicant....
Anyways, I have filled out and mailed the respose to RFE today and hopefully they should process the application now...
Thought I should share my exp for all those who may receive same letters in the future......Hope this helps....
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mmk123
02-20 05:50 PM
There are 2 kinds of people in the world -
one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.
An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?
Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.
We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...
one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.
An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?
Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.
We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...
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up_guy
01-07 09:01 PM
Memphis TN..
Please add me in local chapter
Please add me in local chapter
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anilsal
12-13 12:01 PM
What on earth makes you legal to work with an expired Visa?
Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.
To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.
Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.
To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.
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lazycis
01-24 12:38 PM
I do not think there will be any issues. It's cheaper for the company to apply for EAD renewal than for H1B extension, though...
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texanguy
12-15 05:04 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
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Totoro
05-18 07:23 AM
Probably he is talking about the conditional green card one gets after marrying a US citizen
If I understand right, you only jeopardize your chances if you divorce within 2 years. Another option is separation. And of course there is the third option, and that is to try and work it out with her husband.
If I understand right, you only jeopardize your chances if you divorce within 2 years. Another option is separation. And of course there is the third option, and that is to try and work it out with her husband.
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chantu
02-29 02:18 PM
Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
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WeldonSprings
05-01 09:22 PM
Hi,
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
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krishmunn
02-09 07:12 PM
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
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rayoflight
09-21 08:35 AM
AFAIK I do not think you cannot work once your EAD expires. You have to resign and start once your new EAD is issued. Ideally you need to apply for your EAD 120 days prior and CIS takes approximately around 90 days to send the renewal card.
Cheers,
Rayoflight
Cheers,
Rayoflight
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sgorla
01-29 07:16 PM
logic,
I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).
As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.
I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).
As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.
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uppaji
06-15 01:27 PM
Received their automated response. Let's see if I get a real response.
Does anyone has similar contact for Washington post too??
Does anyone has similar contact for Washington post too??
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uslegals
11-11 10:32 AM
thanks chakdepatte !...where do u mail all the docs...?? I read somewhere about a lock box and NOT directly to service center.?
bayarea07
03-20 05:44 PM
Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
up_guy
01-07 09:01 PM
Memphis TN..
Please add me in local chapter
Please add me in local chapter
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