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  • rnanchal
    02-05 06:27 PM
    Received and emailed back




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  • ameryki
    10-02 11:06 PM
    murthy just sent out this info in his newsletter that went out today.

    Delayed EADs - Ombudsman's Suggestions to Expedite

    The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.

    Option 1 : Call the NCSC

    It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.

    Option 2 : INFOPASS Appointment

    If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.

    It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.

    Option 3: Contact the Ombudsman if Other Options Do Not Work

    If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at cisombudsman.publicaffairs@dhs.gov. It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.




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  • vulcanfly
    07-19 10:12 PM
    So we can transfer our H1's but can we still have our 485 applications pending




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  • Saralayar
    07-31 05:53 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.
    You can not enter back into US if ther visa gets rejected. You have to go to your country from Canada itself. Mexico also has the same rules and not different. Consult your attorney too.



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  • ashkam
    09-25 11:12 AM
    Good find - shows the plight of legal immigrants.

    A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".

    On the whole it shows the reality of legal immigration and its waiting times.

    They are counting the time from when the green card process is started. Doesn't matter when you entered the US.




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  • GCVictim
    08-28 05:02 PM
    I am also in the same boat. Me and wife applied (efile) same time. Mine EAD has approved. For her still pending. Both APs also pending.

    RN: 26-june-2008
    FP: 17-Jul-08
    My EAD Approved Date: 26-Aug-2008



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  • anilsal
    03-21 12:37 AM
    Additionally, can your attorneys makes copies of RFE response sent and attach it to the MTR maybe? I do not if that is possible or allowed or will make any difference.

    I just learned that from you that there is a 33 day deadline on answering RFEs. What if the mail got lost in transit? How will the applicant/attorneys really know (unless of course you have done the online case status registration).




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  • syedajmal
    07-11 08:08 AM
    I have been in the same situation where I had switched from a H1 to H4 and when I got a job the lawyer just applied for the H1 as it was counted. ( I really believed I needed a new one) . I got it approved. So she is fine with just a transfer.



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  • mdcowboy
    09-15 02:38 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

    :)




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  • vamsi_poondla
    01-20 11:56 PM
    I wrote two copies of handwritten letters. I will mail them tomorrow. Now I can bash all fence sitters with no guilt :-) Kidding.

    Folks, please resolve to write the letter at least today Dr. MLK's Birthday. He fought for civil rights and we are fighting for human rights...well not really but still a serious issue for over half million future Americans (or parents of Americans)



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  • saimrathi
    07-27 01:12 PM
    I filed I-140 + I-485 concurrently. Sent a check for I-140 seperately and one for I-485 (EAD + AP) for $745 for my wife and me. Check made out to USCIS. However consult ur lawyer ...

    Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.

    Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.

    Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.




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  • hate_me
    03-28 10:41 AM
    Amount: $100
    Receipt ID: 8XN17151GH219590E

    This was yesterday and I had posted it in another thread



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  • kumar.yerr
    12-15 05:36 PM
    I attended Visa Interview for my H1B extension today (Dec 11th 2009) at Hyderabad Consulate.

    I do have a genuine job and had been working for the same client since the day I started working in the US..

    VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.

    Below is conversation:
    1) DS-156, 157 & Passport
    A) I handed him those docs.
    2) Are you returning to the same job?
    A) Yes sir
    3) Can I see the client letter?
    A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
    4) Can I see your Paystubs?
    A) Gave him all the paystubs since May 2007.
    5) Why are the amounts different in paystubs?
    A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.

    He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.

    Couple of questions:
    1) Should i drop my passport along with all other documents?
    2) What is the success rate and
    3) Why do they usually issue an Yellow slip?

    Any help is greatly appreciated..

    Thanks and Regards..




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  • NELLAIKUMAR
    01-26 12:20 PM
    Who deleted it?

    I am glad that the Admins have deleted it. It really was a stupid question about a specific race...



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  • Alabaman
    04-05 03:57 PM
    Nice Article... hits the nail on the head!! I wish it also highlighted the need for high skilled immigrants to be able to get GCs easily too.




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  • sundeep14
    11-14 11:07 AM
    Good Replies / Discussions ...



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  • ca_immigrant
    01-20 07:43 PM
    anyone on this ?

    I too have to go in India....in June....

    in case I am not green by then I too have to get the H1 stamped...and anything to expidite the satmping will help...

    Thanks to OP for posting this !




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  • fromnaija
    07-30 10:08 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?

    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.




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  • sac-r-ten
    01-30 10:30 AM
    Sorry to hear about your cases. I can understand how the feeling would be right now. I had applied for my 1st H1B renewal and was just crossing my fingers and praying since i have a denied I-140 (Education issue, MTR opened for last 3 months).
    Luckily my H1B renewal got approved on 1/27/09, in just 20days after recieved date(1/7/09) Ironically i had similar documents sent for my original I-140, the MTR and the H1B renewal. So we can imagine how it works in USCIS.

    BTW, TwinkleM, gr8 job in helping the fellow IVian.




    nixstor
    06-30 06:35 PM
    Any thing related to EB immigration, whether it be H1B cap/VB/Retrogression, it has been spreading like wild fire and traveling faster than the speed of wire. On one occasion, I felt that we and lawyers are probably giving more input to the USCIS. Some rumor/educated guess kicks off some where and it ends up in the lap of USCIS. Like H1B cap. People predicted and predicted non stop for 2 months that it will be over on day one. Its not a prediction. It was a forced situation to some extent. This whole VB revision is similar, if it happens




    Soltan
    11-16 05:08 PM
    Oh wow, I have a similar situation like yours. Who is your employer, send me a pm. I am in the process of converting it to Premium.
    I have talked to an immigration attorney and confirmed that it surely can be converted to PP. Good luck to you. If you go to other forums, I have seen a similar discussion, check it out there as well.



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