
gsiskind
05-11 09:55 AM
HI
I am planning to file a for a fresh EAD or new EAD.
I had filed 485 on 08/06/2007.
Now I have the following questions:
1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
"If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
Does that mean I donot have to pay any fee to USICS for EAD application?
2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
On the I-765Instr document it says
"You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
Which document I should provide as per the above statement?
3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?
Thanks in advance.
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.
As for processing times, generally estimate 60 to 90 days on employment cards.
Regards,
Greg Siskind
Gregory Siskind, Attorney at Law
Siskind Susser - Immigration Lawyers
Telephone: 800-748-3819 or 901-682-6455
Fax: 800-684-1267 or 901-339-9604
Email: gsiskind@visalaw.com
Web: www.visalaw.com
Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.
I am planning to file a for a fresh EAD or new EAD.
I had filed 485 on 08/06/2007.
Now I have the following questions:
1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
"If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
Does that mean I donot have to pay any fee to USICS for EAD application?
2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
On the I-765Instr document it says
"You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
Which document I should provide as per the above statement?
3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?
Thanks in advance.
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.
As for processing times, generally estimate 60 to 90 days on employment cards.
Regards,
Greg Siskind
Gregory Siskind, Attorney at Law
Siskind Susser - Immigration Lawyers
Telephone: 800-748-3819 or 901-682-6455
Fax: 800-684-1267 or 901-339-9604
Email: gsiskind@visalaw.com
Web: www.visalaw.com
Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.
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singhsa3
08-19 11:02 AM
Just to state some examples: Several of members probably took CFA level II and III exams in June 2008 and the results were out today. These things further increase cohesion among the people as they share more ground than simply being an immigrant.
David C
July 28th, 2005, 04:39 AM
Thanks,
And I agree
(both about the advantages of idea sharing, and that I think I might have darkened it a little too much past the 'ideal' point -
though as you say it is hard to judge such things exactly, when all our monitor calibrations will differ...
In a similar vein, mine looks a touch darker, and the greens a little flatter, viewed here in Explorer than when it was in Photoshop :confused: )
And I agree
(both about the advantages of idea sharing, and that I think I might have darkened it a little too much past the 'ideal' point -
though as you say it is hard to judge such things exactly, when all our monitor calibrations will differ...
In a similar vein, mine looks a touch darker, and the greens a little flatter, viewed here in Explorer than when it was in Photoshop :confused: )
2011 http
nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
more...
sabeesh
04-26 10:27 AM
Hello..
My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.
Thanks
My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.
Thanks
saibaba
12-18 03:51 PM
You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.
I did it on 12/06 and it shows the same date since then...
in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...
so can I consider that there are no recent LUD's on our 485 apps?
thanx a lot for the info...
I did it on 12/06 and it shows the same date since then...
in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...
so can I consider that there are no recent LUD's on our 485 apps?
thanx a lot for the info...
more...
rkotamurthy
09-30 12:13 PM
Bump ^^^
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hpandey
08-04 01:07 PM
EB3 - I pending at TSC . RD - Aug 2nd 2007
more...
Edison99
03-25 03:11 PM
Congrats the_jaguar and enjoy!
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
hair April 23, 2011 -- Cameron Diaz
eb3retro
06-09 08:37 AM
Hi all,
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
is this in dallas or houston?
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
is this in dallas or houston?
more...
cbpds
08-06 02:09 PM
Its a massive hit even to some staffing comps here
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mahujam
07-29 03:13 PM
how did you find out ?
more...
house Sunday, March 20, 2011 Cameron

coolmanasip
07-19 10:35 AM
tnite.... thanks for the detailed reply........I forwarded this exchange to him........should make him happy and relaxed!!!
Thanks much!
Thanks much!
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smuggymba
10-08 05:14 PM
GCNirvana007 - Who filed you PERM? Who provided you with approved I-140? Who filed ur GC? ....company A.............right.............so u have to work for company A and yes u r obligated legally from USCIS perspective to work with them. Don't tell me u don't know this. Going thru GC process, one almost becomes an immigration lawyer so you should know this if u don't already.
Recent H1-B company B has nothing to do with GC.
Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.
Now u r saying something about company C running ur payroll.
Ok. So whoever runs my payroll is my employer. Lets say its Company C.
Question is
Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?
Based on the answers i am assuming no but will wait to hear from you guys.
Recent H1-B company B has nothing to do with GC.
Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.
Now u r saying something about company C running ur payroll.
Ok. So whoever runs my payroll is my employer. Lets say its Company C.
Question is
Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?
Based on the answers i am assuming no but will wait to hear from you guys.
more...
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drona
09-28 07:21 PM
Southern California IV Meet-up on Saturday 6 October at 3pm in Los Angeles. We have several post-rally action items to work on. Join our yahoo group for further information.
http://groups.yahoo.com/group/SC_Immigration_Voice/
http://groups.yahoo.com/group/SC_Immigration_Voice/
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valatharv
07-16 01:28 PM
Thank you so much for support...
It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
I have heard that it helps.
It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
I have heard that it helps.
more...
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n_2006
02-23 12:35 PM
Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.
Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?
Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?
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msyedy
02-05 01:30 PM
Hi,
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
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p_aluri
04-01 05:38 PM
I am sorry to hear about your situation.
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
bbct
02-11 09:05 PM
Works now and submitted the petition.
MArch172008
05-24 03:02 AM
How much time it is taking for I140 processing ?
Is there any hope in near future for priority dates to be current?
regards
Is there any hope in near future for priority dates to be current?
regards