meridiani.planum
05-05 12:26 AM
I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
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Googler
07-18 08:31 PM
Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.
fullerene
07-17 06:11 PM
We shall continue our work by writing letters to lawmakers.
They shall freeze the VB at May so people come out from LC Backlog can have a chance to file 485.
They shall allocate all unused Visa numbers in previous years to people stay in backlog for years.
They shall revise the current Name Check procedure so the process can be done predictably.
They shall increase visa number cap and soften the country limits.
They shall pass SKILL BILL...
We have only a couple weeks before the summer recession. We need to keep our solidarity to make our dream true.
They shall freeze the VB at May so people come out from LC Backlog can have a chance to file 485.
They shall allocate all unused Visa numbers in previous years to people stay in backlog for years.
They shall revise the current Name Check procedure so the process can be done predictably.
They shall increase visa number cap and soften the country limits.
They shall pass SKILL BILL...
We have only a couple weeks before the summer recession. We need to keep our solidarity to make our dream true.
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kevinkris
05-10 12:52 PM
What is the source of the info? Why are you wasting your and our time..
more...
yabadaba
07-22 08:58 AM
bump
Macaca
02-09 02:19 PM
Some paras from Complaints Rise Against Immigration Lawyers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/06/AR2007010601214.html). There was a nearby link that had telephone numbers. I could not find it. I had posted the numbers in a Lawyers thread. I could not find the thread.
Complaints against immigration lawyers working in and around the nation's capital are rising, say officials who investigate allegations of attorney misconduct.
Last year, the D.C. Office of Bar Counsel received 59 complaints about immigration lawyers, up from 49 in 2005 -- when, for the first time, immigration law drew more complaints than any other specialized practice area.
Bolivian immigrants Rene and Fanny Saavedra of Gaithersburg with son Alexis. Rene Saavedra won permanent U.S. residency in 2000, but his wife was mistakenly told by their attorney that she would have to wait for her green card. (By Lucian Perkins -- The Washington Post)
The bar counsel office is finalizing 2006 totals for other categories, but complaints about immigration law appear likely to rank near the top again.
Federal sanctions have been rising in recent years. Established in 2000, the bar counsel at the Executive Office for Immigration Review, the Justice Department branch that oversees U.S. immigration courts and the Board of Immigration Appeals, disciplined 47 immigration lawyers last year and 54 the previous year -- up from 22 in 2000.
Complaints against immigration lawyers working in and around the nation's capital are rising, say officials who investigate allegations of attorney misconduct.
Last year, the D.C. Office of Bar Counsel received 59 complaints about immigration lawyers, up from 49 in 2005 -- when, for the first time, immigration law drew more complaints than any other specialized practice area.
Bolivian immigrants Rene and Fanny Saavedra of Gaithersburg with son Alexis. Rene Saavedra won permanent U.S. residency in 2000, but his wife was mistakenly told by their attorney that she would have to wait for her green card. (By Lucian Perkins -- The Washington Post)
The bar counsel office is finalizing 2006 totals for other categories, but complaints about immigration law appear likely to rank near the top again.
Federal sanctions have been rising in recent years. Established in 2000, the bar counsel at the Executive Office for Immigration Review, the Justice Department branch that oversees U.S. immigration courts and the Board of Immigration Appeals, disciplined 47 immigration lawyers last year and 54 the previous year -- up from 22 in 2000.
more...
LC2002
04-13 01:26 PM
Hello IV Freinds,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.
Good luck to all IV members who are still awaiting for good day to come.
Thanks,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.
Good luck to all IV members who are still awaiting for good day to come.
Thanks,
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Hinglish
03-05 12:39 AM
Dont worry about it ...
appear for the FP ...
I had a major cut on my finger, they tried but could not take a good print and finally asked me to come in 15-20 days using walk in along with the FP notice.
The important thing is DO NOR miss the appointment ... show up there and let them tell you that they cannot take the FP
appear for the FP ...
I had a major cut on my finger, they tried but could not take a good print and finally asked me to come in 15-20 days using walk in along with the FP notice.
The important thing is DO NOR miss the appointment ... show up there and let them tell you that they cannot take the FP
more...
eilsoe
10-08 10:56 AM
After half an hour in PS, I can now say... thats I was wrong... not inspired anyways...
Made some crap thats all...
Made some crap thats all...
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lostinbeta
10-05 03:05 AM
Thank you Syko:)
I love Photoshop. It is the only art program I have. I wish I could afford 3dsmax and/or Adobe Illustrator, but I dont think that is going to be happening anytime soon:(
The Flash in the center is actually an easy effect to come up with without 3dsmax :P
PS: Nice Sig :)
I love Photoshop. It is the only art program I have. I wish I could afford 3dsmax and/or Adobe Illustrator, but I dont think that is going to be happening anytime soon:(
The Flash in the center is actually an easy effect to come up with without 3dsmax :P
PS: Nice Sig :)
more...
indyanguy
06-29 07:28 PM
Thanks for the reply. Here's why it becomes more complicated. I asked my attorney about starting a new EB2 process (I have a MS from US). However, the attorney says he doesn't recommend starting a new PERM process as he strongly believes that this will affect the current EB3 I-140 application. He feels that USCIS will look at the ongoing EB3 application and deem it unnecessary to approve it (as I would have applied for a different position for EB2). Hence I might lose my PD !!
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
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franklin
02-13 10:49 AM
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
Interesting! Thanks for the correction
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
Interesting! Thanks for the correction
more...
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snathan
12-22 05:09 PM
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
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jthomas
05-01 09:40 PM
Hi Guys,
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.
- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.
- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?
Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.
Thanks
Amit
Engineer and manager have different Onet codes and responsibilities. I have been promoted to a managerial position in my formal firm but i turned it down.
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.
- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.
- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?
Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.
Thanks
Amit
Engineer and manager have different Onet codes and responsibilities. I have been promoted to a managerial position in my formal firm but i turned it down.
more...
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makemygc
04-16 04:14 PM
How early can we apply for EAD before it expires? I know it is either of these: 180 days, 120 days or 90days ?
Does someone know the exact days?
Thanks
You dont have to answer that question. They have all your records, just provide your A# and they will find out.
I chose to answer the questions with * only which are required fields.
Thanks
Does someone know the exact days?
Thanks
You dont have to answer that question. They have all your records, just provide your A# and they will find out.
I chose to answer the questions with * only which are required fields.
Thanks
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needhelp!
11-05 01:07 PM
They want to see you...They want to hear it from you..
So become a verified member today, and help us in making it LOUD and CLEAR, that YES, there are thousands in your constituency who are suffering. And will no longer be silent.
So become a verified member today, and help us in making it LOUD and CLEAR, that YES, there are thousands in your constituency who are suffering. And will no longer be silent.
more...
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gcpool
10-13 07:02 AM
Use the reply from Ombudsman's office and do an inquiry via your local senators office. Also call up central customer service and open a service request. (Get the number and info of the call like the timings and officers name). Finally if you date is current and is not getting picked up for adjudication. File a WOM.
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jayleno
08-27 03:24 PM
None of the responses can help you unless you state your state. Believe me, I have lived in 7 states till now. I went to the dmv in 4 of them.
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
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ssksubash
09-29 03:47 PM
HI,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
NO_Free_Rider
11-09 03:29 PM
What you received by mail is a courtesy notification that your case is approved, with the space for I-94 is blank. The original H1 Approval notice with I-94 will be sent to the lawyer. You may wait for a week or two.
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
gccovet
08-22 10:30 AM
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
