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  • GCard_Dream
    12-01 11:13 AM
    I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)


    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.





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  • hpandey
    10-26 10:51 AM
    Non - English speaking or not isn't it the responsibility of the driver of the vehicle to drive following the rules of the Road. Why make a U-turn where it is not allowed. Why turn when it is written NO turn on Red. Is it the fault of the sign that you cannot read English.

    US is an English speaking nation although people from all parts of the word live here. We have to abide by the common language which is English and not Spanish. The DMV cannot post sign in hundreds of languages that different people speak.

    If the driver violated the law he must be given a ticket unless it is his first offence when a warning would be sufficient. Rules are meant to be followed.





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  • stucklabor
    03-11 11:01 AM
    Akela,

    I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.

    Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.


    Guys,
    Please answer me the following question?

    I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
    Did my lawyer blunder or I am ok?
    My labor is not cleared yet. So no way to check I-140.

    I know few things
    ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
    ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.

    Thanks,
    akela

    Thanks in advance,
    Akela
    Did my lawyer blunder or I am ok?

    Thanks in advance,
    Akela





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  • bastati
    09-05 03:37 PM
    Today i and my spouse received RFE for 485 (email) . The reasons are yet to know.

    Please let me know if you know these points....

    Does Visa number will assign for my case?
    if NOV bulliten is not current , will NSC still process my application or i got to go back to the Q ?



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  • Desi Unlucky
    07-02 07:25 AM
    I have recently spent 2 weeks in Chennai and my overall taxi experience has been very good being non Tamil speaking. All Taxis charge more when the starting point is Airport. That is inevitable. If it is just to drop them at the nearest hotel, ask them to approach the Govt Prepaid Taxi booth.

    Govt's is cheaper compared to the private Taxis. Ofcourse the Govt only has Ambassadors as the Taxis. Do not expect the Taxis to be neat and clean like here. Expect broken handles.....There are 3 other private Taxi booths, of the private taxis Fasttrack seemed a little lesser compared to others, almost all private taxi rates are closer.

    If they need the Taxi from hotel check out Fasttrack website and get teh phone no for Chennai. They have been pretty good an picking me on time, but make sure you reserve it well in advance (4-5 hrs). Whenever I called in the last minute, they were not on time.

    I did stay at a hotel far from Airport - clsoer to work. So might not be useful to u.





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  • shx
    05-17 08:01 PM
    Can you prove that you were born in Nepal? Without proof, you won't be able to change it in your passport.



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  • chanduv23
    11-18 03:11 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters

    Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.





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  • boreal
    09-07 11:32 PM
    OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks

    Can this thread be made sticky please OR moved to the top of the main page so that over time we can get some estimate of correct numbers?

    Thanks in advance,
    B



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  • kk_2000
    11-06 08:54 PM
    Hi,

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".

    Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".

    Can you please share your experience?

    Thanks,
    KK





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  • marzelan
    11-05 02:04 PM
    I am in the same boat.File July 27. I140/I485 conccurently but so far I only have receipt for I140.Call USCIS over 10 times already no luck at all.And they told me that all applications from TSC are in the system.My lawyer call today and she was told that there are more cases from TSC that are still keying in for applications received during the month of July. So I ahve no idea what to believe.Call USCIS and request to check on your case.



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  • summerof98
    10-24 01:38 PM
    Under what circumstances can a Service Request be made?





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  • theconfused
    04-02 10:21 PM
    Hey Dontcareanymore,

    You are right.

    For other folks, here is the summary -

    1) Got H1B visa stamp valid from August 2007 till August 2010.

    2) Started working from October 2007 and Was laid off in November 2007.

    3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.

    4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .

    6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.

    7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.

    8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.

    9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.

    10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.

    11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.

    12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.

    13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.

    14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.

    15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.

    16) On 16th March 2010, got an email from embassy that they need my passport.

    17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.

    18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.

    19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.

    20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.

    21) Passport was sent back to me on 1st April 2010 with the visa stamped.

    22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.

    23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.

    Please feel free to ask any question.

    Thanks a lot to all of you reading this...



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  • reachinus
    11-19 03:55 PM
    1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?
    No

    2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
    Yes

    3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment?
    No

    3a. If he goes to India on AP.. for how long could he go?
    Untill the day before the expiry of AP

    4. Could he take up any job and keep switching till priority date becomes current?
    Yes. but advisible to stay in same or similiar job

    5. Also what happens if and when priority date becomes current?
    Should obtain an EVL from the Current\Future employer assuring a full time permanent job.





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  • dilbert_cal
    02-09 02:01 AM
    I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
    I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
    But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.

    So which is better, LOA or termination of job? Hard choice..

    I doubt you will be allowed to take LOA. The company still has obligations on you when you take LOA - like employee insurance, medical premium, etc. How big the company is also matters. If the company is small and you have the right connections, this may possibly work but I doubt so still.

    Your best bet will be to look for another job and take the AC21 route.



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  • Anders �stberg
    April 10th, 2004, 10:09 AM
    Sorry to go on about my birds, but this I wanted to share...

    I was out to get some training photographing flying birds when I suddenly saw this seagull that had a wooden stick poking out from the neck. I decided to turn photo journalist for a while and concentrate on pictures of this unlucky bird. I don't know what could have happened to it, either it has accidentally flown into something or God forbid someone has shot an arrow at it. :(

    I have already found out that photographing flying birds is difficult, but try photographing a specific bird in a big flock - that's taking the difficulty to another level! :) I managed to get a few inflight pictures as well though. Unfortunately it was of course not too difficult to spot with the wooden pointer attached.

    This is what I first saw, the bird flying past me a couple of times:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3345.jpg

    He was clearly irritated, kept scratching around the head and shaking to get rid of the stick:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3402.jpg

    This bird seemed quite dominant, kept chasing off other birds, so it wasn't too hindering:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3353.jpg

    He was also out on the water, resting as well as courting and chasing other birds:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3382.jpg

    When I threw in some bribes he also joined in in the feeding, both feet and stick in the water:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3362.jpg

    Here's another inflight picture with the ugly stick poking out:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3396.jpg

    And a final portrait of this unlucky bird:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/ImpaledGull_3329.jpg

    To end on a slightly brighter note here are two birds just about to take off:
    http://www.InterimLocation.com/FretNoMore/Photo/10D/pictures/LargeBirds/SeagullsTakingOff_3354.jpg

    -Anders





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  • maristella61
    04-20 09:22 AM
    He is talking about the original first letter of approval , not an extension


    Does any one have any input or suggestion?



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  • sandy_anand
    03-08 02:23 PM
    Congratulations! Please continue to donate to IV.





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  • jimcourier
    06-08 08:29 PM
    Good news..

    Status changed to :- Approval notice sent.

    Boy oh boy..what a thriller..

    Thanks for all your comments and wishes, I will update this thread, when I hopefully get the visa stamped and come back into the country :)





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  • nomad
    08-23 11:33 PM
    I did a concurrent submission of I140 and I485 on July 2nd. As and when the 140 PP comes back, can I get PP done even though I have already sent my application?

    Yes. You can change your application from regular to PPS at any time provided USCIS is accepting PPS for that category ( such as for I-140).





    reddog
    09-28 09:48 AM
    Most likely the employer will not go thru the suing process to recover $4000, he will simply put you in his black book.
    At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
    3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
    That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.





    VSS2007
    05-28 06:19 PM
    I got my renewal EAD from TSC last week. It starts from the expiry of my current EAD.

    Thanks so much!



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