Tuesday, May 17, 2011

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  • babuworld
    02-08 11:11 AM
    Hi,

    I filed it for my wife. Please follow the following steps

    1. https://efiling.uscis.dhs.gov/efile/ Register your by clicking on new user
    2.After Registering it will ask you to select with forms you want to file online.
    3. Select I-765 (EAD) file . Make sure you have the following information with you Passport number,Current I-94, DOB, A# number etc, H1B or H4 info ready.
    4. Once you fill the form , it will ask for credit card information.
    5. Once you submit the form . it will automatically generate LIN number for you.
    6. Please Post that form to TSC or NSC what ever center you belong.
    NOTE: Please do not post any other document unless asked by USCIS.
    7. You will get Recipt number in One week also you will get Figure Print Notice the following week.

    Hope this information will help you alot.

    I did efiling for Myself and we got Receipt Notice is one week. Figure Print in next week and EAD in 11 weeks.

    Good Luck!

    Thanks,
    babuworld.





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  • waitnwatch
    12-12 03:18 PM
    I have personal experience with this correction. I entered through LA and they marked my wife's I-94 card with the date of expiry of passport. Apparently they should be marking it till the end of the I-797 expiry. Anyway I went to Denver Airport and got a fresh I-94. Those guys were helpful. Only thing is they tried to tell me that the I-94 date didn't matter as I had I-797 till a future date. I kind of persisted politely and they changed it so that I had "peace of mind". Anyway it is always better to get inconsistencies corrected earlier than later. You never know!





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  • 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.





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  • thamizhan
    07-17 10:10 PM
    We can update ourself with the status of the receipt number, so that every body can get a feel about the time lines.



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  • immm
    08-01 11:18 PM
    i disagree, they usually put the date of receipt in there and not the encoded date.
    Not true. They usually put the notice date in the online case status and not the receipt date.





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  • loudoggs
    08-27 05:46 PM
    Email VFS with your question. Everytime I have emailed them, they have replied back within 24 hrs.

    Just curious, why do you want to use the special category? Book your appointment through the normal procedure as there a lot of dates available.

    I just booked my dates online some 2-3 weeks back and after filling in all the forms they automatically put a note on the DS156 form that said "Visa Renewal". I already have a H-1 and am going to get my 2nd H-1 stamped.

    Hope this helps.

    VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
    The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

    Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

    The below is the visa renewal criteria as defined on the website:
    Visa renewal appointments are available to visa applicants who:
    have a U.S. visa that has expired less than 12 months ago.
    wish to apply for the same category visa (work, business, tourist, etc.)
    are Indian nationals (hold Indian passports)
    are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

    The following applicants do NOT qualify for appointments in the visa renewal category:
    Applicants who have never had a US visa.
    Applicants who have a U.S. visa that expired more than 12 months ago.
    Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
    Non Indian passport holders
    Applicants applying at the U.S. Consulate in Kolkata.
    First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
    Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
    Applicants applying for entertainment/performance visas(P3 category).
    Applicants applying for unskilled worker visas (H2b category).

    All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
    Current, valid passport
    Passports containing previously issued U.S. visas
    As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)



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  • 485Question
    10-29 03:21 PM
    Give a try if they can update it.





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  • delax
    08-05 11:36 AM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;

    While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......



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  • sundeep14
    10-29 01:00 PM
    I checked my current labor certification. it has the following details :

    ETA FORM 9089
    A) PREVAILING WAGE INFORMATION
    SOC/O*NET(OES) CODE
    15-1031.00
    OCCUPATONAL TITLE
    COMPUTER SOFTWARE ENGINEER

    B) JOB OPPORTUNITY INFORMATION
    JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)

    C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
    PROGRAMMER ANALYST OR SYSTEMS ANALYST

    D) JOB DUTIES
    CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
    MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES


    My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.

    Any ideas friends?





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  • cleopatra
    06-08 01:39 PM
    I could not attend this event. I am sending in my contribution:
    Transaction ID: 3DD07255HX188021C

    Thanks for all the effort.



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  • simple1
    05-11 01:49 PM
    Hello Attorney,

    About Myself:
    =============
    Myself EB2 Mar-06 now in I485.
    deeply concerned about the current retrogression of eb2 priority date to 2000.

    Background:
    ===========
    Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)

    However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
    Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.

    The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    Question:
    =========
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified ? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.





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  • cheg
    08-30 02:41 AM
    I was thinking that 'Parolee' seems to be the logical choice but I also think that one has to re-enter using advance parole to be called a 'Parolee' exactly what shreekhand said. I would say you're an 'Adjustee' but it's not in the choices so I suggest doing the paper-based application. Good luck!

    In legal parlance it is referred to as "period of stay as authorized by the Attorney General".

    Parolee sounds to fit somewhere right there from among the options, though in my opinion a person has to re-enter the US as a parolee.



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  • alterego
    02-11 06:07 PM
    A good article supporting a sensible plan.

    One minor correction however.

    "Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."

    The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.





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  • sbdol
    07-21 09:51 PM
    I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
    Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.

    The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.



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  • softwareguy
    07-05 12:14 PM
    Pick your battles!!
    Battle ONE:
    Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.

    BENEFITS:
    1. My wife can work.
    2. My son can get scholarships in college.
    3. I can change jobs - so what if it is similar.

    Battle TWO:
    When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
    BTW - Let me know if battle # 2 is easier.

    I do not know why is everyone facing "Attention Deficit Disorder".





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  • leoindiano
    01-31 10:35 AM
    I had this experience before in Pennsylvania, same single bed room, had a PC, fridge, thats pretty much it...

    Apartment management said, check with power company. Power company said the apartment have insulation problems. There are quite a few reasons why this may happen..

    1) Location of apartment, corner, ground level
    2) Old equipment, like washer/dryer, bad insulation
    3) Normally in northern states winter power rates are more almost 2.5 times....

    the highest i got was $350 dollars at that time, that was in 2004....



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  • amslonewolf
    08-21 11:03 AM
    Is calling them and paying by the minute any better at getting an appointment..





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  • sundarraj61
    11-04 10:39 PM
    I too missed the chance ( formy wife and son) and waiting for the next chance and not sure when it is going to happen.

    -sundar

    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?





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  • joydiptac
    05-14 03:56 PM
    My heart goes out to the parents of this victim of immigration impasse. A minor accompanying parents illegally or otherwise cannot be termed illegal.

    How many more innocents will become victims for the crime they have not committed?

    Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
    Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
    Their future cannot wait for your petty political gains.





    mihird
    07-11 05:29 PM
    www.congress.org is not a government site. Please do not mislead people here into thinking that this site has any affiliation to The Congress.

    Dude, don't accuse me of anyting...I never said its a government site, although it does look like one - now that you are telling me that it not one - thanks for clarifying...


    I think, the emails would still go to Bush/Cheney...





    bestia
    07-17 03:12 AM
    Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.

    Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.

    When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.



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