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Par: Parolee

For nationality/changeability a ROW category is needed.

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.

we are posting here to know the solution or how we can come out from the problem or possibility.
can you think about yourself when you are saying to others?

Thanks advancely.
Raama

1. My EAD application status at USCIS website got changed to,

Current Status: Approval notice sent.

this morning. My heartfelt thanks to ImmigrationVoice activists for this.

My spouse's EAD application status still shows as,

Current Status: Case received and pending.

In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?

2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,

Current Status: Fingerprint fee rejected and notice mailed; case in suspense.

though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.

Any information would be helpful.

Thanks,

You must send the letter from your original employer if you have not used AC21.

What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.


US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)


162,176 total EB were issued in 2007.

There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.

The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC

But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.

Offcourse there is another thing that comes in to play and that is the per country quota :eek:

EB-3 India Feb-2005
Waiting to apply I-485

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.

May be this will help you:

1. At POE there is a possibility they might give you the I-94 till December'09 only as that is when your PP expires. If this happens you will have to worry about filling for your H1 extension in November v/s in June, 2010 to get an updated I-94.

2. To best of my knowledge if you have a valid visa stamp on your passport then the Indian PP office needs to return the renewed PP in 24-48 hours.. My dad had something like this a while back, not sure if they changed the rules. Have someone from your family in India inquire about it.

In short get your PP renewed either before you leave or in India, don't wait to come back on an expiring PP.


I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.

Thanks,

Now the biggest hurdle of Apr 30, 2001 is crossed. I am sure that not many people has filed between Sep 2001 and February 2002. Also if you look into PD for China and Phillipines, the dates moved very fast after June 2001. Lot of people applied in late 2002 and early 2003. My guess would be that it will take about 3 to 4 years to clear all the backlogs of 2003. For 2004 it may be over 5 years.

It is recommended that we wear formal suits while meeting with the lawmakers to project a professional image.

Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.

You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.

Hope this helps.

cjain...

Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...

I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...

Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...

I totally agree with your earlier comment. This is an immigration forum for people like us in the US. If we can just post anything here, then I'd like to post my problems with my neighbor as well.

Once again, Good on you mate!!!!

I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)

Like credit cards, it might be better to call them Gold Member services, or for high donation folks, Platinum Member services. "Paid" is used for a pre-determined service for a pre-determined price.

Fellows,

I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:

1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?

2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.

3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?

Thanks


(1) is surely an option if you think your prayers are strong enough. I wouldnt trust prayers when it comes to immigration process.

About options (2) and (3), its surely a great option. Contact your ex employer and file the greencard thru him. When I say "Thru him" all you need from him is a letter on company letter head from the boss/HR that still intend to hire you when you get your greencard. Other than that, it is possible to do the whole thing by yourself either thru your own lawyer or by doing it yourself. Its not rocket science. If you have a good lawyer, go thru him.

BEFORE YOUR GC IS APPROVED:

Also, keep in mind that you dont have to start working for him just because he is filing your 485 based on labor/140 that he sponsored. You can continue working where you are working right now. GC is for future employment. (However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer). Also, one last thing if you go thru this route. You need to maintain good relations with this employer if he files your 485 at least for 180 days after its filed. That's because you need him to write a letter that "yes I intend to hire this guy" should USCIS ask him that again during the intial 180 days. After 180 days have passed, if USCIS asks and sends RFE about "who is going to hire you after getting GC", you can exercise your AC21 option and produce a letter from your current employer (whomever you are working for at the time) that they intend to keep your employed after you get GC.


AFTER YOUR GC IS APPROVED:

Now, about having to work for your ex-employer because you filing 485 based on approved labor and 140 that was sponsored by your ex-employer, here is the deal : If 180 days have passed since your 485 is pending and if your greencard is approved after that (after 180 days of 485 filing) then you do not have to go back to your ex-employer. That's because the option of using AC21 portability is available only AFTER 180 days, not before that. Now, if your 485 gets approved in less than 180 days (which is unlikely because they are never that fast and plus the dates have to be current), then YES, you have to go to work for your employer for at least a couple of months as soon as your 485 is approved. However, the chances of the situation coming to that is very unlikely. I dont think anyone is going to get their 485 approved in less than 180 days.

Varumo_varatho,

Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

I would suggest you to change your screen name to Thriyumo_Thriyatho

Dear Mr. Rude Know it all aka austin gc,

I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

On the topic, the thread opener can talk with his lawyer on what i posted.

Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.

Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)

Best of luck to all!

MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)

This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.
We do benefit indirectly since they are no longer competing for the cherished 140,000 visa numbers that are allocated for employment based adjustment of status applicants.

sundarpn,

I had the same questions and clarified with my attorney.

1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.

2. Yes, you can extend.

3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.


Nave_Kum,
I don't understand your post. can you explain?

I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing

2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).

3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)


If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]

I agree 200% with you...


We shld treat this an exception. Let us not be like Americans.