Thursday, June 16, 2011

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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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  • vicks_don
    01-23 08:22 AM
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  • rolrblade
    07-26 06:53 AM
    HI
    What are the documents required for EAD application assuming that I-485 application is already filed?
    At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.

    Thanks

    Bibs:
    To apply for EAD you need the following documents

    1. I-131 EAD Application document
    2. Copy of I-485 receipt notice
    3. 2 colored passport pictures - recent
    4. Cashiers cheque as stated in the form.

    Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.





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  • austingc
    07-30 11:37 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.
    I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
    Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.



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  • eImmigJr
    07-26 12:55 PM
    Lawyer: When we get the receipt notice we will immediately submit the correct marriage certificate, till then be married to other person :)

    So I guess from legality point of view its not a major issue. Hopefully none of you guys will have to go through this issue.

    Another thing is that receipts for application that reached USCIS on June 28th, are reaching the law office, so hang in there for a week or two for July receipts.





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  • rajenk
    10-20 12:08 AM
    AllIzzWell, as the_jaguar has suggested FOIA is the only way. And yes that helps, some times FOIA requests might take longer, so request it ASAP to get it quicker



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  • Nabeel
    01-29 10:42 AM
    TSC Update - January 2010

    The Texas Service Center (TSC) provided updated information on their caseload and other important matters in a meeting with the American Immigration Lawyers Association (AILA) liaison. The responses to questions, posed to TSC several months earlier, were released in late January 2010

    The TSC reports that most of their pending I-485s have been pre-adjudicated. This means that the I-485 application has been reviewed and is simply awaiting availability of an immigrant visa number. These applications may have received requests for evidence (RFEs) if they required any documents or updated information for the pre-adjudication process

    EAD and AP Processing Time within 60 Days
    TSC reports a goal of adjudicating advance parole (AP) and employment authorization document (EAD) requests within 50 to 55 days. It notes there was a period during which EAD processing was slowed, and 15-20 percent of the cases were not adjudicated in 90 days. TSC states that this has been addressed, and it is expected that processing goals will be met or exceeded.

    Source- Murthy.com





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  • shanti
    08-07 10:04 AM
    http://www.hooyou.com/lc/perm_eb2vseb3.html

    The job has to have a SVP greater than 8. If SVP is lower than 8 but they say that there is a business need for EB2 then you will need a level 3 salary -or higher-, if SVP is greater than 8 and is a job zone 5 then it has to be greater than level 1 for the area.
    Anyways it is a great question for the conference with the lawyer. http://online.onetcenter.org/find/re...=software&g=Go



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  • clockwork
    07-06 10:57 AM
    I apologize for not searching it enough. Thanks -





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  • FinalGC
    09-16 11:55 AM
    I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

    However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....



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  • svn
    05-13 07:28 AM
    Thanks desi and rb_248. I actually remembered that my H1 had been extended (even though I never got it stamped in the passport) - so I went with H visa status on the application form





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  • go_guy123
    01-21 10:51 PM
    Most affected are Chinese and Indian members...I don't know much about Chinese but I know from experience that it is hard to get money out of Desis...
    They have a multiplication factor inbuilt in their minds 1$X44 = 44 Rupees!!!
    So sad.
    I am a desi too. So do not get offended.

    Actually it worst for India now (china retrogression is lesser)
    Either way Chinese nationals have other aveues (because
    of communist govt, anti-two child law etc which make asylum cases strong)



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  • wandmaker
    06-06 03:12 AM
    USCIS will send an RFE for missing photos - You can send the photos after that





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  • kshitijnt
    10-22 12:30 PM
    Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.

    Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?

    He doesnt have to fill out I-9. Anyone else can do it. How did lawyer provide them with EAD? Didnt they mail the card to your place?

    If I were you, and if it is true they changed your status without your knowledge, I would write them 4-5 F*** letter worded emails with copy to the boss.



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  • svn
    05-10 05:02 PM
    So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.

    That would have been my preference as well - unfortunately I did not have a choice since my company had a RIF and I am now looking for work! Any help on what the status is called (other than jobless!) would be appreciated





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  • overhere
    07-17 08:50 AM
    Please enlighten me. What constitute a proof of immigrant intent?

    Filing of:

    1. LC
    2. I-140
    3. Medicals
    4. I-485

    etc...

    I am confuse. Please explain.

    in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.

    my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.



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  • eastindia
    05-03 02:39 PM
    Who asked for a combined AP and EAD?

    What help will it offer really?

    It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?

    What will we really do with a 2 in 1 document????





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  • sounakc
    05-12 01:13 PM
    however, i will appreciate if you can tell me if these are the only required

    1. Measles/ Mumps/ Rubella - Adult
    2. Varicella
    3. Hepatitis B - Adult

    and the following tests

    1. Tuberulosis - Tubercolin Skin Test
    2. Serologic Test for Syphilis - RPR Screen
    3. Serologic Test for HIV Antibody - HIV AB Screen





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  • lifestrikes
    06-03 05:18 PM
    Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.





    cdeneo
    06-18 02:07 PM
    Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.

    One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.

    Question I had was -
    What are the advantages if any to filing when the new fee structure is in place?
    or should one file the earliest date one can, say 1st week of July?

    I would appreciate if someone could shed some light on this. Thanks!





    gc_on_demand
    05-19 01:42 PM
    Is the intention to tie up ability to file I-485 with the newly proposed 2-tier processing of AOS cases i.e. step 1) pre-adjudication and step 2) issuance of GC once the visa numbers are available?

    I am thinking to start solid campaign for EAD and AP when pre filling for 485. Its in very begining stage. Once I get how many can join hand we can start a funding drive and some aggressive campaign for it. DHS and DOL are studing how to resolve this on going problem for Highly Skilled immigrants.at the end of day admin may come with pre filling for highly skilled.



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