punjabi
03-18 12:11 AM
Hi poorslumdogs,
If you refer to some thread, please do not ask others to search for it. Instead paste its link in your post so others can read it.
I heard from my friends there are no legal implications if you get laid off on EAD and you also have a valid parolee document.
This should get verified from an attorney though, specially if others create a doubt.
[QUOTE=.....That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.[/QUOTE]
If you refer to some thread, please do not ask others to search for it. Instead paste its link in your post so others can read it.
I heard from my friends there are no legal implications if you get laid off on EAD and you also have a valid parolee document.
This should get verified from an attorney though, specially if others create a doubt.
[QUOTE=.....That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.[/QUOTE]
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nixstor
09-19 03:11 PM
http://immigrationvoice.org/forum/index.php
Scroll down to the bottom of the page to see the membership count and who is the newest member.
Scroll down to the bottom of the page to see the membership count and who is the newest member.
chaanakya
11-10 10:11 PM
Hi there
Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.
Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.
A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.
Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.
A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
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centaur
02-05 04:59 PM
Call the office and tell them you did not get the answer to the questions and issues you raised and want to speak with the person who handles immigration policy matters. Follow up with this person. Letters go to junior staff and issues get lost unless you contact the senior staffers and seek appointment from them.
LISTEN UP PEOPLE.
YOU TELL 'EM PAPPU, TELL 'EM HOW ITS DONE AND HOW TO BE TENACIOUS.
LISTEN UP PEOPLE.
YOU TELL 'EM PAPPU, TELL 'EM HOW ITS DONE AND HOW TO BE TENACIOUS.
more...
loudobbs
12-11 12:04 PM
My suggestion is not to insult or hurt anybody. I understand the purpose of immigrationvoice. I am a contributor and will continue to support IV. However the way people hijack threads really pisses me off. The leaders of IV should figure out a better way to motivate people to donate. If people are not inclined then stop calling them names etc. I am not talking about anybody in particular. If somebody is not inclined it is not completely his/her fault. The coercive tactics some people use on the forum to make people donate actually does piss of a lot of people. I am nor talking about anybody in particular, but this is NOT the way to motivate people to contribute.
Sorry if I heart anybody feelings.
And I will donate to IV again..
I just check oxford dictionary to make sure whether I screwed somewhere but what I found is it was request to dollar500 from my side. It was not a advise. Rather you are advising me not to advise.. Is not it contradictory?
And if at all poster might have felt bad about my request s/he should have replied my post. Why on earth you wanted to jump in?
Sorry if I heart anybody feelings.
And I will donate to IV again..
I just check oxford dictionary to make sure whether I screwed somewhere but what I found is it was request to dollar500 from my side. It was not a advise. Rather you are advising me not to advise.. Is not it contradictory?
And if at all poster might have felt bad about my request s/he should have replied my post. Why on earth you wanted to jump in?
dealsnet
08-18 12:14 PM
It is not a free service. One year subscription is $495.
USCIS mentioned about it in every one's denial letter (denied for education), but common people need to pay that amount to see the details. It is not justified, if people don't know what USCIS is referring into. All big lawyers have its subscription. So they guide their clients in a proper way. OP's lawyer screwed him to file in EB2. Even EB3 also difficult, if the advt. is for a US equivalent degree requirement. May be put advt. for a associate degree or non-degree positions with some college studies. For EB3 candidates did not require a degree, if the position advt. says so. But prepare for a tons of applications for that position.
TWO MORONS GAVE ME RED FOR MY POST. I AM GIVING SOME ADVICE TO HELP THE COMMUNITY HERE. I HAVE GOT MY GC MORE THAN 2 YEARS AGO. MOST PROPLE DIDN'T VISIT IV AFTER THEIR GC. I AM HERE TO GIVE MY AND MY FRIEND'S EXPERIENCE, LEARNED IN A HARD WAY. I DIDN'T GAIN ANYTHING FROM HERE.
Would 3 yrs bachelors and 3 yrs masters (MCA) with 10 + yrs of experience qualify for EB2? Is there anyway we can check in that EDGE database?
USCIS mentioned about it in every one's denial letter (denied for education), but common people need to pay that amount to see the details. It is not justified, if people don't know what USCIS is referring into. All big lawyers have its subscription. So they guide their clients in a proper way. OP's lawyer screwed him to file in EB2. Even EB3 also difficult, if the advt. is for a US equivalent degree requirement. May be put advt. for a associate degree or non-degree positions with some college studies. For EB3 candidates did not require a degree, if the position advt. says so. But prepare for a tons of applications for that position.
TWO MORONS GAVE ME RED FOR MY POST. I AM GIVING SOME ADVICE TO HELP THE COMMUNITY HERE. I HAVE GOT MY GC MORE THAN 2 YEARS AGO. MOST PROPLE DIDN'T VISIT IV AFTER THEIR GC. I AM HERE TO GIVE MY AND MY FRIEND'S EXPERIENCE, LEARNED IN A HARD WAY. I DIDN'T GAIN ANYTHING FROM HERE.
Would 3 yrs bachelors and 3 yrs masters (MCA) with 10 + yrs of experience qualify for EB2? Is there anyway we can check in that EDGE database?
more...
smsthss
12-03 02:05 PM
Relax, LUDS could be internal updates no one can tell you with absolute certainty what they mean. I saw this whole thread you are in panic mode and restless. Just relax man your case will be approved soon.Think of it this that they are working on your case not like others who have filed and heir cases are lying on the shelf.
thanks buddy
thanks buddy
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MD_123
04-10 12:39 PM
Latina:
I belive your second point is not entirely accurate. My understanding is with the hard quota, any EB-1 and EB-2 unused visas from ROW will flow down to EB-3 ROW which is also severely retrogressed. Only when EB-3 ROW becomes current will the unused visas go to unskilled workers. Therefore, the hard quota will benefit ROW mainly at the expense of India/China EB-1 and 2.
IV team, if I'm wrong about this, please correct me.
The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.
What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).
1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit
2) With the hard quota, this 10K now goes to UNSKILLED immigrants.
This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!
Can I be any clearer?
I belive your second point is not entirely accurate. My understanding is with the hard quota, any EB-1 and EB-2 unused visas from ROW will flow down to EB-3 ROW which is also severely retrogressed. Only when EB-3 ROW becomes current will the unused visas go to unskilled workers. Therefore, the hard quota will benefit ROW mainly at the expense of India/China EB-1 and 2.
IV team, if I'm wrong about this, please correct me.
The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.
What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).
1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit
2) With the hard quota, this 10K now goes to UNSKILLED immigrants.
This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!
Can I be any clearer?
more...
sri1309
10-14 06:42 AM
2 months movement for for EB2-I to June 2003. EB3-I 3 months.
http://mumbai.usconsulate.gov/cut_off_dates.html
India
E1 Current
E2 1 June 2003
E3 1 October 2003
Let us hope dates move forward in December.
Please correct EB3. Its not 03, but 01.
http://mumbai.usconsulate.gov/cut_off_dates.html
India
E1 Current
E2 1 June 2003
E3 1 October 2003
Let us hope dates move forward in December.
Please correct EB3. Its not 03, but 01.
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geesee
07-13 10:42 AM
^^^^
gg10004 - Great news !!!
Keeping fingures crossed
gg10004 - Great news !!!
Keeping fingures crossed
more...
sid
04-02 02:40 PM
Watzgc,
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
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beppenyc
09-18 08:17 PM
Did you get an answer to this ? I am planning to move to Connecticut and will be working in New York City, thus wanted to know if you got an answer to this question.
NYC is pretty easy, you have to shown your passaport and you get your ID or Licensing driver application. Thank god, but what a mess! I am wondering if we are still welcome in this country, i don`t know any more....
NYC is pretty easy, you have to shown your passaport and you get your ID or Licensing driver application. Thank god, but what a mess! I am wondering if we are still welcome in this country, i don`t know any more....
more...
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cantonsale10@gmail.com
08-03 11:31 PM
Add one more option like 'I don't know what to do !!'
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dealsnet
08-17 03:35 PM
This case is pending with AAO from Nov. 2009.
It will take 24 months to get a result.
Meanwhile he is going to start PERM in EB3.
Got RFE before the denial.
Replied with professor letter and premium evaluations ($750).
Still USCIS insist with EDGE database. It is private, no govt backing, but they are going by that findings.
Lawyer is hopeful for the result, he have 6 year college, they questioned about the 3 year degree, but the labor is for masters, He have masters (2 year) and total 4 year combined bachelors(3+1).
They no need to look the bachelors, when the education requirement is masters.
The evaluator give 20 US universities name which gives masters degree after 5 year course (5 year integrated degree).
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:
It will take 24 months to get a result.
Meanwhile he is going to start PERM in EB3.
Got RFE before the denial.
Replied with professor letter and premium evaluations ($750).
Still USCIS insist with EDGE database. It is private, no govt backing, but they are going by that findings.
Lawyer is hopeful for the result, he have 6 year college, they questioned about the 3 year degree, but the labor is for masters, He have masters (2 year) and total 4 year combined bachelors(3+1).
They no need to look the bachelors, when the education requirement is masters.
The evaluator give 20 US universities name which gives masters degree after 5 year course (5 year integrated degree).
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:
more...
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optimystic
04-01 06:44 PM
Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript
She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions
1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?
A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.
2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?
A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.
3) Can I place a Service request over the phone instead?
A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.
4) When do you think the Processing dates will catch up with my receipt date?
A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !
I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.
But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???
I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?
If not then, whats the point of taking an InfoPass?
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript
She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions
1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?
A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.
2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?
A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.
3) Can I place a Service request over the phone instead?
A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.
4) When do you think the Processing dates will catch up with my receipt date?
A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !
I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.
But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???
I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?
If not then, whats the point of taking an InfoPass?
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rkrishna
11-24 09:56 AM
My 485 was apporved in July 2010 and have not recieved the card yet. I have contacted with couple of Service Request for non-delivery of permanent cards. First reply from USCIS was that my case was waiting for finger printing information from my local USICS was backlogged for appointments. So, I have told to wait for 60 days for either FP notice or physical green card. After 60 days, I have called them and another service request was created and the reply was completely irrelavant as they says my address was updated for my query about non-delivery of GC.
Is there any other escalation request that I can made for deliveriy the GC or the FP notice? whenever I called the USICS are creating the SR and have to wait for answers like above.
I have recieved the 485 approval notices (for both of us) on July itself but waiting for cards now. Are anyone with the same boat ? Or Is the unusual case?
Thanks
Rama
Is there any other escalation request that I can made for deliveriy the GC or the FP notice? whenever I called the USICS are creating the SR and have to wait for answers like above.
I have recieved the 485 approval notices (for both of us) on July itself but waiting for cards now. Are anyone with the same boat ? Or Is the unusual case?
Thanks
Rama
more...
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eb3_nepa
06-16 01:29 PM
I am not saying we shud do anything forcefully. I am saying, that if we have to show IV's face as being multicultural and since we Have members from all over the world sharing ideas on here anyways, might as well show the media that aspect.
In my opinion, if general public/law makers see faces from all over the world complaining about the GC system, it would have more impact.
If a core member/moderator can comment on this, that would be greatly appreciated.
In my opinion, if general public/law makers see faces from all over the world complaining about the GC system, it would have more impact.
If a core member/moderator can comment on this, that would be greatly appreciated.
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dilber
07-16 03:40 AM
meridiani.planum, thanks for giving me red.
Don't worry about the red I just gave you green to counter the effect if it has any :)
Don't worry about the red I just gave you green to counter the effect if it has any :)
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smsthss
11-19 02:05 PM
or Can the RFE juz verify with my employer whether the position is still available to me or not ??
dixie
04-04 06:49 PM
it might sound cliched by now, but what IV has achieved so far is truly unbelievable, especially given the historical laissez-faire attitude of our community.Remember what this group is essentially about : a bunch of people fighting for their just cause within their limited rights in an alien country. Its a huge pity that all those folks who think of IV and their GC as their entitlement get a free ride through the blood and sweat of a handful of people, whom they accuse of incompetance and worse. Great job core team .. with all this effort, success of some sort is inevitable.
joydiptac
05-28 01:54 PM
....
Wake up people .... E-filing is better than paper filing !!!
Why me and some other Desis still do not e-file - cause, most likely our company lawyers takes care of it. And it works just as well. We get to do the all important task of signing the papers. :D
Good point though... seriously consider e-filing next time. With the retrogressed dates and no CIR in sight, most of us Desis will get ample opportunity to test out newer technologies by the time we get our GCs. :D
Everyone, have a great long weekend!
Wake up people .... E-filing is better than paper filing !!!
Why me and some other Desis still do not e-file - cause, most likely our company lawyers takes care of it. And it works just as well. We get to do the all important task of signing the papers. :D
Good point though... seriously consider e-filing next time. With the retrogressed dates and no CIR in sight, most of us Desis will get ample opportunity to test out newer technologies by the time we get our GCs. :D
Everyone, have a great long weekend!
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