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  • skynet2500
    10-19 01:00 PM
    Hello,

    My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.

    I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.

    Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.

    Obviously I am worried sick,

    Any help, pointers, suggestions are much appreciated.

    Thanks,

    Few Suggestions..

    Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..

    - Contact ombudsman office
    - Contact local senator office.
    - Contact local congressman office

    Good Luck.





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  • gc_chahiye
    08-26 09:47 PM
    Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.

    I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)

    Now my question is:

    1- What if I don't receive the RFE letter in time?
    2- Any loops to gain an extension if I can't make it before 30 days?
    3- Any ways to find out about the nature of FRE letter?
    4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
    5- Any advices, suggestions, similar experiences, ideas or solutions?

    I appreciate any kind of feedback on this, since I'm almost shaking in here!

    If you dont respond to the RFE because you did not even receive it, they will deny the I-140 because of abandonment, however you can immediately appeal and it will be re-opened. you have 30 odd days to file the MTR/Appeal; talk to your lawyer to confirm.

    If you suspect the RFE is for work experience letter, make sure you have a copy ready (Fax it over to your attorney ASAP; USCIS only needs a copy, not the original). If there is some other issue like your education not matching teh LC requirements, get the equivalency evaluation done asap.





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  • senthil1
    04-17 12:03 AM
    It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst

    Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.





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  • shahrooz
    08-26 09:21 PM
    Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.

    I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)

    Now my question is:

    1- What if I don't receive the RFE letter in time?
    2- Any loops to gain an extension if I can't make it before 30 days?
    3- Any ways to find out about the nature of FRE letter?
    4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
    5- Any advices, suggestions, similar experiences, ideas or solutions?

    I appreciate any kind of feedback on this, since I'm almost shaking in here!



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  • meridiani.planum
    01-26 12:13 AM
    dummgelauft:

    I am not completely new to this :)...USCIS was pretty quick to post the bulletin even before the month of February even started, so I assumed that they are working overtime...

    Hope that they show the same efficiency to clear thousands of pending applications :mad:

    ??? they always post the bulletin around 3 weeks in advance...





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  • meridiani.planum
    04-21 01:12 AM
    But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.

    thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.



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  • cagcwait
    02-09 08:12 PM
    Hi Bee-- Great post clarifiying the IV cause. I am a volunteer for IV, but my labour is still pending at PBEC (Jul 2002 CA EB2 RIR). When we met the Congress Persons in Bay Area last week, we did talk about the labour certification backlogs. In fact, the immigration staff at both the places were aware of the labour backlogs (even though one of them didn't know about the retrogression). IV is representing the labour certification backlogs and asking for transparency in the backlog centers.

    So All -- whether we are stuck in labour or retrogression -- Let's rally together. Please join IV and strengthen our representation.

    There is very little time left. Let us join together and present a united front under IV.

    cagcwait





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  • titu1972
    08-02 02:27 PM
    Usually consulting companies put generic designations like software engineer or a programmer analayst in their LC. I think that is what you should look for the classification. This is a gray area.
    There is a title called consultant. I have labor and I-140 approved on this title.



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  • gc_seeker_2001
    01-29 09:48 PM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.





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  • shreekhand
    09-13 11:39 PM
    gc_peshwa,

    You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:



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  • go_guy123
    04-17 08:23 PM
    True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).

    2 consecutive victories may make Demoractic party more confident and may be more willing to pass some GC reform. As of now with so much in
    stake and getting power after more than 10 years they are more cautious.

    Example: Nancy wants to take up the Bush immigration agenda only if he manages 70 GOP votes as they dont want to be branded as amnesty party
    in 2008. As of now things are going in their war because of the mess in iraq
    resulting is massive independent voters more inclined towards DNC.

    DNC had good chance to take over WH, Senate , Congress. If the DNC primaries elect a decent guy like John Edwards ( H Clinton and Obama
    wont make it at national level )





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  • Siddharta
    01-11 04:02 AM
    Things r getting bad in the US...I'd suggest better move to Canada now and start a business if u have saved enough to start one. Wait for citizenship and come back later on a TN Visa which is valid forever (barring the pain of yearly extensions u shudn't have any other issue).

    In the US u cud lose ur job anytime however stable it might look like now. Else what was the point in applying for Canadian PR and all the pains u took???

    It would be hard to find a similar paying job in canada. Is there some kind of legal issue I would be in if I dont migrate to canada? Will I be barred from ever entering that country again?



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  • smisachu
    04-24 08:05 PM
    Hi Guys,
    Need some help. I have labor via PERM(EB2) and I-140 from my present employer. Labor was filed in December 2005. I had applied for Labor by RIR in Sep 2002 from my previous company which closed down in 2004. The old company's attorney has contacted me that the labor is approved. That labor was under EB3.

    Both companies are engaged in similar operation, job profile now is more than previous company and both companies are in the same demographic area. Can I port my PD and retain EB2. If I can do that I can file I-485 now.
    Any advice will be greately appriciated.:confused: :confused: :confused:





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  • funny
    07-18 05:22 PM
    I have never heard this before. Good Luck to you.



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  • ksircar
    04-28 10:57 PM
    Can someone confirm if finger printing required for both paper (by mail) and on-line AP application? Somewhere I read that finger printing is required only for on-line applicants. Is that true?

    It will save me lot of trouble as my nearest INS office for finger printing is about 150 miles away.

    Thanks in advance.





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  • conchshell
    07-28 01:44 PM
    So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)

    k3gc ... there is nothing wrong with opening this new thread. The idea was discussed last time, but there was no tracking. So its the tracking thingy which is new in your proposal. I personally think that discussing this idea is much better than discussing about lord Ganesha's picture on a beer bottle.



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  • uma001
    11-05 09:35 AM
    Who gave me red, idiots...





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  • AmericanAccent
    09-06 10:11 PM
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  • txh1b
    08-18 01:27 PM
    WH-4 Form is meant for complaining against employer.
    Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
    after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
    file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
    company(bodyshopper).

    WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.





    sheela
    08-23 10:50 AM
    Here's a killer.

    - Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
    - When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
    - GC approved on Aug 9
    - Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
    - No idea where my EAD apps are!!! not that it matters

    GAWD - Some serious system fixes need to be done at USCIS......

    Congrats!!!
    I am happy for you. This wait and hope when the dates are current is very taxing. may lady luck smile on me too





    krithi
    02-04 07:03 PM
    Hello Gali,

    Im also using rahul reddy in houston, but its very tough to find an answer from him, did u had the same problem.

    thnx,
    krithi



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