ujjvalkoul
01-17 06:03 PM
this is all I found on the EAD Instructions...
Replacement EAD: If this is your replacement applicationand you are applying under one of the following categories, afiling fee is not required:
1. (c)(l), (c)(4), or (c)(7) Dependent of certain foreigngovernment, international organization, or NATOpersonnel.
Form I-765 Instructions (Rev. 07/30/07) Y Page 8
1. The check or money order must be drawn on a bank orother financial institution located in the United Statesand must be payable in U.S. currency; and
USCIS will use the Poverty Guidelines published annually bythe Department of Health and Human Services as the basiccriteria in determining the applicant's eligibility wheneconomic necessity is identified as a factor.
The Poverty Guidelines will be used as a guide, but not as aconclusive standard, in adjudicating fee waiver requests foremployment authorization applications requiring a fee.
You may be eligible for a fee waiver under 8 CFR 103.7(c).
Incorrect Card: No fee is required if you are filing onlybecause the card issued to you was incorrect due to a USCISadministrative error. However, if the error was not caused byUSCIS, both application and biometrics fees are required
Replacement EAD: If this is your replacement applicationand you are applying under one of the following categories, afiling fee is not required:
1. (c)(l), (c)(4), or (c)(7) Dependent of certain foreigngovernment, international organization, or NATOpersonnel.
Form I-765 Instructions (Rev. 07/30/07) Y Page 8
1. The check or money order must be drawn on a bank orother financial institution located in the United Statesand must be payable in U.S. currency; and
USCIS will use the Poverty Guidelines published annually bythe Department of Health and Human Services as the basiccriteria in determining the applicant's eligibility wheneconomic necessity is identified as a factor.
The Poverty Guidelines will be used as a guide, but not as aconclusive standard, in adjudicating fee waiver requests foremployment authorization applications requiring a fee.
You may be eligible for a fee waiver under 8 CFR 103.7(c).
Incorrect Card: No fee is required if you are filing onlybecause the card issued to you was incorrect due to a USCISadministrative error. However, if the error was not caused byUSCIS, both application and biometrics fees are required
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virens
12-12 02:36 PM
No questions asked about visa or 485. Just had to show my passport and AP document :)
optimystic
03-19 05:55 PM
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
That would be quite surprising (but not unusual with USCIS :confused: ).
If the case has RD in last week of June then theoretically it had some windows where its PD would have been current
June last week - July 2 and
July 17 - Aug 17th.
But looks like the approval happened in Nov/Dec 07...nowhere near the possible PD current time frames I mentioned above. And also during Nov/Dec 07, EB3- India was 'U' ...so how did the case get adjudicated, and Visa number assigned during that time frame ??? !! One could not even argue that the case got adjudicated and visa assigned during July/Aug timeframes but got stuck for a while before the approval was mailed....'cos its about 3-4 months difference to the time the actual approval was mailed!
Should people who get such unusual approvals be worried that USCIS may realise their mistake later and retract the asssigned Visa numbers and put the case back into adjustment of status mode?? I hope not for the sake of sanity of those people who got the approval !
More the reason for me to get the Infopass in April and hopefully force them to open up my case and look if it can be adjudicated.. :( . I wonder what my company's immigration attorneys would say. They usually do not recommend the applicants directly contacting USCIS.
That would be quite surprising (but not unusual with USCIS :confused: ).
If the case has RD in last week of June then theoretically it had some windows where its PD would have been current
June last week - July 2 and
July 17 - Aug 17th.
But looks like the approval happened in Nov/Dec 07...nowhere near the possible PD current time frames I mentioned above. And also during Nov/Dec 07, EB3- India was 'U' ...so how did the case get adjudicated, and Visa number assigned during that time frame ??? !! One could not even argue that the case got adjudicated and visa assigned during July/Aug timeframes but got stuck for a while before the approval was mailed....'cos its about 3-4 months difference to the time the actual approval was mailed!
Should people who get such unusual approvals be worried that USCIS may realise their mistake later and retract the asssigned Visa numbers and put the case back into adjustment of status mode?? I hope not for the sake of sanity of those people who got the approval !
More the reason for me to get the Infopass in April and hopefully force them to open up my case and look if it can be adjudicated.. :( . I wonder what my company's immigration attorneys would say. They usually do not recommend the applicants directly contacting USCIS.
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LostInGCProcess
09-18 05:18 PM
Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks
Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.
Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.
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daishwarya
07-23 03:05 PM
Yes. I am from VSG too...I left VSG in 2008. I don't know anybody who got approval...
nixstor
04-19 11:18 AM
JP,
Will you be our Leonardo Dicaprio of The Departed? We already have Matt Damon(s) here on our forum. :) Just kidding
Will you be our Leonardo Dicaprio of The Departed? We already have Matt Damon(s) here on our forum. :) Just kidding
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bsbawa10
02-12 05:13 AM
looks like this is what happening...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
EXACTLY, they seem not to be organized and they do not have the will to be organized. They do not have will to find the files and they do not have will to process the case. The easiest thing for them is to pick up the file which they can grab from the top and process it if the PD is current. If you are lucky, you will get GC, otherwise , your file is burried somewhere and nobody excepting you has the desire to locate it. On the top of that , they have no accountability..nobody to check if the IO is doing the right thing or not. Nobody to check if the customer service is giving the right answers or not. Nobody to check if customer service is directing to the right people or not.
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
EXACTLY, they seem not to be organized and they do not have the will to be organized. They do not have will to find the files and they do not have will to process the case. The easiest thing for them is to pick up the file which they can grab from the top and process it if the PD is current. If you are lucky, you will get GC, otherwise , your file is burried somewhere and nobody excepting you has the desire to locate it. On the top of that , they have no accountability..nobody to check if the IO is doing the right thing or not. Nobody to check if the customer service is giving the right answers or not. Nobody to check if customer service is directing to the right people or not.
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guesswho
06-11 03:09 PM
Sunny1000,
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
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kevnss
03-20 12:35 PM
You are right, here is the link to see more information about the rules..
Please read A. Approved Form I-140 Visa Petitions and Form I-485 Applications and B as well on Page 2
Link: "http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf".
I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
Please read A. Approved Form I-140 Visa Petitions and Form I-485 Applications and B as well on Page 2
Link: "http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf".
I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
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aph0025
11-12 09:41 AM
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
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asphaltcowboy
05-27 10:31 AM
it's gotta be Soul's... the worst thing is the flippin' page transitions! I'm growing old waiting for them! congrats to everyone with a **** website
;)
;)
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genius
12-14 05:34 PM
My OPT expires around May.I believe the best way is to join some school rather than going for any other Visa Category?isnt it?
Btw ,I asked many lawyers about the OPT extension and they said there is a very little chance that USCIS will approve it unless you have a very very good reason.They are not fools afterall...
I have a Masters from here..and I will be on my F1 again.Offcourse as expected ,the H1B is going to run out in less than a month next year.
Any suggestions would be appreciated.
once again.I will aplly for H1B in April and my OPT expires sometime in May?
Does Kaplan provide courses that issue an I-20?
Thanks in advance!!!!
Btw ,I asked many lawyers about the OPT extension and they said there is a very little chance that USCIS will approve it unless you have a very very good reason.They are not fools afterall...
I have a Masters from here..and I will be on my F1 again.Offcourse as expected ,the H1B is going to run out in less than a month next year.
Any suggestions would be appreciated.
once again.I will aplly for H1B in April and my OPT expires sometime in May?
Does Kaplan provide courses that issue an I-20?
Thanks in advance!!!!
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lavanyamohan
11-20 08:58 PM
message sent to CBS60 minutes...
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arihant
12-02 10:54 AM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
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srikondoji
07-17 02:21 PM
Go little bit more SOUTH and you will end up in NORTH and this is called optimism and i love this optimism over pessimism.
Everybody had different sources and those sources have their own sources.
So, sometimes your sources are wrong and relying them we tend to go wrong. Thats all to it.
However, iam of the view that we should believe all the sources both negative and positive and then make your educated guesees.
This is my guess
There will be relief but not to everyone.
USCIS/DOS will announce the news without an apology, but it will not please everybody.
They will accept few applications just to nake their case stronger and remove the teeth of AILF lawsuit.
USCIS/DOS is ready to take head on with AILF but only after making their asses stiff.
USCIS/DOS knows their bad deeds but is not passing all of it to its masters.
Masters are saying why we need to bend over, lets take on these immigrants.
At the end few will be fired and few will resign from USCIS and DOS with fewer I-485 applications accepted from July 2.
Thats all.
Everybody had different sources and those sources have their own sources.
So, sometimes your sources are wrong and relying them we tend to go wrong. Thats all to it.
However, iam of the view that we should believe all the sources both negative and positive and then make your educated guesees.
This is my guess
There will be relief but not to everyone.
USCIS/DOS will announce the news without an apology, but it will not please everybody.
They will accept few applications just to nake their case stronger and remove the teeth of AILF lawsuit.
USCIS/DOS is ready to take head on with AILF but only after making their asses stiff.
USCIS/DOS knows their bad deeds but is not passing all of it to its masters.
Masters are saying why we need to bend over, lets take on these immigrants.
At the end few will be fired and few will resign from USCIS and DOS with fewer I-485 applications accepted from July 2.
Thats all.
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maddipati1
02-03 02:27 PM
thank you veni, that is very informative and solid reference.
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.
You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc
For additional info Please click here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD) or here (http://www.murthy.com/eb2.html)
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.
You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc
For additional info Please click here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD) or here (http://www.murthy.com/eb2.html)
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hopeful08
04-21 12:29 PM
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
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brb2
10-14 10:06 AM
US has been in number 1 in the past, moved to 2nd spot for a couple of years, in the world competitiveness rankings. For the first time, the US moved to the 6th Spot in the world rankings by the world economic forum (Europe based Institution). The main reason was because of the huge current account deficit and negative savings (mainly federal deficit) which is a threat to the US competitiveness. China moved down due to corruption etc. India moved up but any further movement will depend on structural reforms, especially controlling the huge public service and red-tape and a creaking infrastructure - power, roads, ports, water supply - all of which are run by the government. The health services in large parts of India is dismal and so is the public education system (K-12). With the left firmly controlling the ruling party, deregulation is slow and insipid, and it is the private sector which is basically contributing to the GDP and Competitiveness. Here is the link to the actual rankings for 2006-2007
http://www.weforum.org/pdf/Global_Competitiveness_Reports/Reports/gcr_2006/top50.pdf
The reasons for the rankings are given here
http://www.weforum.org/en/fp/gcr_2006-07_highlights/index.htm
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
http://www.weforum.org/pdf/Global_Competitiveness_Reports/Reports/gcr_2006/top50.pdf
The reasons for the rankings are given here
http://www.weforum.org/en/fp/gcr_2006-07_highlights/index.htm
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
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snathan
02-10 12:12 PM
I have a masters in Electrical engineering. And my job duties is system administration or say system analyst.
Then your job requirement decides whether its EB2 or EB3.
Then your job requirement decides whether its EB2 or EB3.
immilaw
12-08 08:48 AM
Called Senator Tom Price - 770-565-4990. Was asked the Bill #.
What's the Bill # and which house is it being introduced in?
Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.
What's the Bill # and which house is it being introduced in?
Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.
suryamnb
12-07 02:30 PM
Friends,
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
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