Wednesday, June 8, 2011

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  • alterego
    06-19 12:05 PM
    I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
    Here is what I have so far. Some ideas based on my experience and some on searching the web.

    1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.

    2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.

    3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
    You can also call the regional service center if you wish.

    4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.

    5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.

    6) Consider talking with your employer to take a few days off while sorting this out.

    If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.





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  • diptam
    01-05 04:05 PM
    It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?

    I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.

    seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough





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  • upuaut
    08-16 06:55 AM
    Yeah.. sometimes I've had to rework things that didn't quite work well enough the first time, broken apart.

    The dialsplash above was actually the 12th attempt or so at getting that right. Initialy I was using the texture of the stone broken apart and then filled. That looked fine.. but the symbols on the timeline didn't look good at all. I ended up importing the symbols to Painter6.0, creating the wheel there, with the symbols in place, and then using the whole thing as a fill.

    It may be that gifs look worse when imported than png's (ok there is no doubt that they look worse, but I mean proportionaly). That would explain why my pgn texture looked good when my gif symbols looked like crap.

    I'll have to do some more experimenting with that.. just to see what the deal is.





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  • dhirajgrover
    10-16 12:26 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?

    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?

    - Would I get the fingerprinting notice directly or would my employer receive it?

    - What other formalities would be left after (assuming) 485/765 are approved?

    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?



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  • chantu
    07-14 04:46 PM
    Moved residence couple of weeks back. Changed address online for my 485 case and added for spouse and child as weel?
    Is it ok to continue and add spouse and child cases for address change along with my case or do i need to start from scratch with their A numbers? Any idea.

    It should be new procedure for each person.





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  • lost_in_migration
    06-09 01:38 PM
    We can't expect every article to be a mouthpiece for our issues

    The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"

    http://news.bbc.co.uk/2/hi/business/8086392.stm



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  • catchagarwal
    05-04 05:30 PM
    There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.





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  • anil
    08-18 08:37 PM
    I moved to another zip code within same state. LUD changed on June 26, and did not get any RFE. I think it is safe.



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  • desi3933
    02-18 07:06 AM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You status is H1 and you are accumulating out-of-status days.

    If your spouse is maintaining H1 status, you can go for H4 visa stamping. You may also use AP to travel.

    If you re-enter US on H4, your status will be H4. However, if you have valid EAD, you can use that for work.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • texcan
    10-19 01:48 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...

    I beleive it should be ok, as long as POE immigration does not ask for pay stubs.

    gurus, any input please.



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  • rani77
    09-18 11:59 AM
    My case is little bit different.

    EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.


    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION.

    You dont get any approval notice except the card with white card folder. So you are good ,dont expect any Form 767 approval notice.





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  • sai_srinivas
    05-22 08:28 PM
    Eb3



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  • arc
    10-25 04:01 PM
    ^^^





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  • wellwisher02
    04-07 06:20 PM
    Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.

    My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.

    ---
    Good advice, Syed.
    I endorse it! We'd like to see them together.



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  • suavesandeep
    01-13 11:13 PM
    If i am not drunk The whole idea of getting a labor substitution done was to get an earlier priority date. So i am pretty sure you should be getting your I-140 approved with the older priority date. I think you should talk to your lawyer to get it corrected.

    I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)





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  • saint_2010
    09-21 09:19 PM
    ^



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  • willigetgc?
    09-24 10:21 AM
    my problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    Overall immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lt could have been done till now. We need to hear more action than just talk.

    hypocrisy at its best!





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  • Legal_In_A_Limbo
    01-15 10:11 AM
    Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.

    My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.

    So what you suggest what should be my bext step.





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  • gnrajagopal
    08-19 02:16 AM
    Your concern seems valid.
    gnrajagopal, i would call USCIS customer service and talk to them about this.. better to get it confirmed.
    I am inclined to believe that you are approved.. they just haven't updated their system yet or mabybe the system didn't get updated somehow.

    Spoke to a friend of mine. He said he recieved his 140 approval but till this date the system shows that the case is pending. I will probably call uscis tomorrow.

    Does anybody know the easiest way to reach a customer service rep at NSC?





    4move
    10-19 10:25 PM
    One of my family member went through this, in a routine medical exam (this was not for immigration office) and he referred us to a infectious disease control specialist. After chest x-rays and several other tests the specialist mentioned that tb screening test can be positive some times for BCG vaccination or exposure to TB bacteria from a person who has active TB. This is not a disease (called latent tb), but there is 5% chance that it could develop into a active TB disease (in case the positive was because of exposure to TB bacteria. Initially, he prescribed Isoniazid (300mg), which has severe lever side effects, for 9 months with blood exam to monitor lever function. But, she could not tolerate this medicine even for 5days because of several other side effects (lever funtion test was normal though). Then he switched her to Rifamfin (600mg) for 4 months. There was not any noticeable side effects of this, and level function tests was after 2 weeks for the first time and once in two months after that. But one thing to note that TB screen test would be +ve rest of the life after this and you need to carry a certificate from this physican that you have completed this course of medicine and nothing needs to be done. Hope this helps.

    Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?

    As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".

    I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.

    Have others gone through such an experience? Am I a source of residual income for his office?

    Thanks in advance,
    V





    MightyIndian
    11-05 11:08 AM
    He is the ex-chief minister of Andhra pradesh, a state in India of which Hyderabad is the Capital. As for CBN's agenda, he is too concerned about his chances of getting re-elected to worry about other things. My take.

    Aligning with Communists, he may not the same reformist as he was before. It was those reforms that brought the change. Initially everwhere reforms face stiff resistance and and as time goes by people bear the fruits. But people of Ap could not wait and threw him out of power.

    Now we see his reforms being applauded everwhere.

    MI



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