uma001
07-24 03:26 PM
Yes, it is better to delay it until economy picks up and unemployment rate goes down to 5%...otherwise he will get lot of queries. BTW nobody is willing to file green card at this time.
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nk2
08-04 12:58 PM
EB3 I - I140 pending , applied on 8/9/2007...sorry for the typo from the subject
jay75, if you want to can change it, go to edit post, advanced and change the subject
jay75, if you want to can change it, go to edit post, advanced and change the subject
natrajs
08-30 05:00 PM
Congrats and Best Wishes
Thanks for your support to IV
Thanks for your support to IV
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raj2007
06-14 08:40 PM
lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?
No..you can file later based on pending 485 but why you want to wait to save some bucks.
No..you can file later based on pending 485 but why you want to wait to save some bucks.
more...
meridiani.planum
04-17 02:11 AM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.
krishnam70
03-26 12:28 AM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
more...
geesee
08-10 12:43 PM
My check has a temp address of NJ - After that my address changed 3 times ... I didn't even mention that address in G325 because i stayed there for 30 days temporarily ....
Am i screwed ? This thing is going beyond Limit now... They are NOT leaving any option other than settling to other countries like CANADA or Europe...
Europe: never heard of this "country" :D
Am i screwed ? This thing is going beyond Limit now... They are NOT leaving any option other than settling to other countries like CANADA or Europe...
Europe: never heard of this "country" :D
2010 cute funny sayings and quotes.
WeShallOvercome
07-23 06:29 PM
have you used your checks for filing of application or did your employer paid for it.
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
Employers and lawyers are smart enough.
They took money from us but paid the fee with their own checks.
I don't think getting the receipt number is an issue, we can somehow get it.
I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
any suggestions?
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
Employers and lawyers are smart enough.
They took money from us but paid the fee with their own checks.
I don't think getting the receipt number is an issue, we can somehow get it.
I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
any suggestions?
more...
aamchimumbai
08-04 08:44 PM
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Hello a1b2c3,
When you say similar situation....
.....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?
Thanks
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Hello a1b2c3,
When you say similar situation....
.....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?
Thanks
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Blog Feeds
05-17 12:40 PM
Last week we became members of Global Alliance of Hospitality Attorneys (http://www.hospitalitylawyer.com/index.php?id=47), this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.
Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:
E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)
This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".
An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.
The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.
H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)
Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.
Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.
Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.
J1 Visa
For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.
This type of J-1 classification is valid for four months and allows the students to assist
companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.
The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.
H3 Visa
The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.
An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.
Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.
TN Visa
NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.
The Conditions for Professionals from Mexico and Canada to Work in the United States
* Applicant should be a citizen of Canada or Mexico;
* Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
* Position in the U.S. requires a NAFTA professional;
* Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
* Professional Canadian or Mexican citizen has the qualifications of the profession
Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.
L1 Visa
L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.
The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.
Requirements
A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.
H1B visa
Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.
A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.
Specialty occupation is defined as an occupation, which requires:
* Theoretical and practical application of a body of highly specialized knowledge, and
* Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.
The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.
More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)
Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:
E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)
This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".
An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.
The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.
H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)
Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.
Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.
Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.
J1 Visa
For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.
This type of J-1 classification is valid for four months and allows the students to assist
companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.
The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.
H3 Visa
The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.
An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.
Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.
TN Visa
NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.
The Conditions for Professionals from Mexico and Canada to Work in the United States
* Applicant should be a citizen of Canada or Mexico;
* Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
* Position in the U.S. requires a NAFTA professional;
* Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
* Professional Canadian or Mexican citizen has the qualifications of the profession
Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.
L1 Visa
L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.
The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.
Requirements
A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.
H1B visa
Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.
A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.
Specialty occupation is defined as an occupation, which requires:
* Theoretical and practical application of a body of highly specialized knowledge, and
* Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.
The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.
More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)
more...
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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GCard_Dream
06-29 03:58 PM
It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
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trueguy
08-11 02:46 PM
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kevinkris
07-29 10:34 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
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08-11 11:54 AM
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mermaid2084
11-21 02:52 PM
While I was travelling from India to USA, I was waiting at one of the airports in USA for my connection. An airlines staff asked for my passport and by mistake pulled away my
I-94 from from it. May be I was mistaken with the other passengers that
might be travelling out side US. The officer looked at my boarding pass for the next flight
(which was for the flight going to a city in USA), however, he didnt realized and by mistake he took away I-94 from
my passport (he was doing that for other passengers too so I thought it was part of the process).
I didnt knew that it needs to be preserved till I leave the USA. I know that in case of lost/stolen I-94 I need to file I-102. However, I doubt that in my case it might have reached the USCIS.
Please help me. I am very much worried.
I-94 from from it. May be I was mistaken with the other passengers that
might be travelling out side US. The officer looked at my boarding pass for the next flight
(which was for the flight going to a city in USA), however, he didnt realized and by mistake he took away I-94 from
my passport (he was doing that for other passengers too so I thought it was part of the process).
I didnt knew that it needs to be preserved till I leave the USA. I know that in case of lost/stolen I-94 I need to file I-102. However, I doubt that in my case it might have reached the USCIS.
Please help me. I am very much worried.
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$eeGrEeN
03-31 01:30 PM
Here are some possible, quick steps that you can take. Get your own report, this might be useful , http://www.intelius.com/background-verification.html .
Call the county Police Department back from Idaho where they say you have a criminal record from , ask for a Finger Print check on your name or by your Idaho License , if you still have it. [ the reason for this is , if you ever have been charged of any crime, they first finger print you to check your records].
If you do not have any records ,the Police Station will be glad to fax over a letter stating the same. That should seal the deal of you being innocent.
Good Luck .... and don't worry much , these false flags do happen and yes they are a pain in the neck ....
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
Call the county Police Department back from Idaho where they say you have a criminal record from , ask for a Finger Print check on your name or by your Idaho License , if you still have it. [ the reason for this is , if you ever have been charged of any crime, they first finger print you to check your records].
If you do not have any records ,the Police Station will be glad to fax over a letter stating the same. That should seal the deal of you being innocent.
Good Luck .... and don't worry much , these false flags do happen and yes they are a pain in the neck ....
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
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skynet2500
06-22 06:18 PM
IS it possible to send to TSC even though 140 is approved in NSC. Looks like 80 percent of applications go to TSC. Can we even choose where we can send?
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augustus
05-12 09:18 AM
Dear All,
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
johnggberg
08-10 12:55 PM
close this thread please
mdmd10
09-14 07:58 PM
Just got approval emails for both me and my spouse.
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