chi_shark
06-16 09:43 AM
1) yes stop working
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
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venky08
12-20 11:51 AM
the way i did it is i applied over internet using online AR-11 form. I did not apply by mail. Then, the next day, I called my lawyer's office and told them to contact USCIS to make them aware that my address has been changed on the petitions that are under consideration. For the people who use the online change of address path, i think everybody should know that there is more to it than just hitting submit button to AR-11. It then takes you further to ask whether do you have any pending petitions with USCIS. then you are supposed to say yes (if you do) and then it will take you to a screen where you provide your case numbers etc. however I couldnt get to that step due to some glitch so i decided to call my lawyer's office to have them finish that step. They simply called and informed USCIS of the address change.
hope this helps.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
hope this helps.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
vallabhu
06-11 03:55 PM
But it is clear as per bullet point given and Adjudicators processing the file may not understand the language they can just say only people ending 6th year are eligible and deny PP on 7th and 8th years applications.
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SunnySurya
07-28 01:15 PM
Yep, I did...
Any of you in EB -2 with PD before Jun 2006 and have a soft LUD on AP?
Any of you in EB -2 with PD before Jun 2006 and have a soft LUD on AP?
more...
sodh
02-15 11:39 PM
This is refreshing for once nobody asked if the person asking question is a paying member.
lostinbeta
10-21 03:48 AM
Seems like I am making you regurgitate some old memories. I don't know if that is good or bad.
What did you mean by "that was right before the end" if you don't mind me asking.
What did you mean by "that was right before the end" if you don't mind me asking.
more...
x1050us
09-25 01:13 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
What did the rejection notice say. Did it mention that checks are missing or did it say right amount was not included. My rejection notice said that the check was not made for $1010.00 But my lawyer says that the returned packet did not have the original checks in it and that the text on the notice is just a catch-all reason.
When did you resubmit it and did you hear any update ?
What did the rejection notice say. Did it mention that checks are missing or did it say right amount was not included. My rejection notice said that the check was not made for $1010.00 But my lawyer says that the returned packet did not have the original checks in it and that the text on the notice is just a catch-all reason.
When did you resubmit it and did you hear any update ?
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ramaonline
08-28 02:56 PM
For e-filed I131 this is all you need to mail:
Confirmation receipt which you got after submitting the application
copy of i485 Receipt notice
2 recent color photos
a copy of any govt issued identity document (visa , pp biographic page, ead card, etc)
current i94 copy
Confirmation receipt which you got after submitting the application
copy of i485 Receipt notice
2 recent color photos
a copy of any govt issued identity document (visa , pp biographic page, ead card, etc)
current i94 copy
more...
eb3_nepa
01-26 12:49 AM
Pappu,
DO you use IE6 or IE 7? I use IE 6.0 & I see this issue. Please send me ur email in a PM and I will email you the screen shots. On here you cannot upload attachments whose image sizes are greater than 800x600.
DO you use IE6 or IE 7? I use IE 6.0 & I see this issue. Please send me ur email in a PM and I will email you the screen shots. On here you cannot upload attachments whose image sizes are greater than 800x600.
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h1techSlave
10-14 04:29 PM
This bill should be supported by all EB categories. 50,000 visas per year is significant.
more...
GCSOON-Ihope
10-17 03:26 PM
Can we find out the status of namecheck from USCIS or from any FBI website during retrogresssion. I applied 485 an year ago. Can i find out if atleast the name check is cleared even though my PD is not current.
They usually initiate the name check process shortly after filing I-485.
Since yours was filed a year ago, then of course it would be very interesting to know your status regarding the damn name check, retrogression or not.
However, this info is not always easy to get. You might try several ways: call Customer service, make Infopass appointment...In the ultimate case, you will have to ask your Congressman to inquire for you...
I personaly e-mailed USCIS California Center (CSC-XII.485@dhs.gov). What's really weird is that the first two times they responded within a week but the third time, when I "naively" asked if they could expedite that name check, the reply was an automated message:
"we no longer reply to e-mails, for all inquiries call Customer service bla bla bla..."!!!
I suppose I was just lucky the first times! The third time maybe they just got fed up with my "stupid" questions??!!:confused:
They usually initiate the name check process shortly after filing I-485.
Since yours was filed a year ago, then of course it would be very interesting to know your status regarding the damn name check, retrogression or not.
However, this info is not always easy to get. You might try several ways: call Customer service, make Infopass appointment...In the ultimate case, you will have to ask your Congressman to inquire for you...
I personaly e-mailed USCIS California Center (CSC-XII.485@dhs.gov). What's really weird is that the first two times they responded within a week but the third time, when I "naively" asked if they could expedite that name check, the reply was an automated message:
"we no longer reply to e-mails, for all inquiries call Customer service bla bla bla..."!!!
I suppose I was just lucky the first times! The third time maybe they just got fed up with my "stupid" questions??!!:confused:
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bestin
10-21 09:40 PM
140 APPROVED.
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
more...
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Leo07
05-21 10:48 AM
"Did you File for AOS/485--YES/NO?"
Just to see, if it gets more people to poll..
Just to see, if it gets more people to poll..
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ivorycard
02-06 02:28 PM
I will be promoted shortly as a Manager. My GC was applied as Programmer Analyst for the same company. When contacted the company attorney informed that it is not a problem, since 6 Months has been completed.
more...
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hope_4_best
05-03 10:08 AM
Other option is to get Personal Line of Credit from a local credit union or bank.
With good credit score it is possible to get line up to 25K.
Interest rate is high, around 8.75% to 11.00%..
Money can be withdrwan whenever needed.
With good credit score it is possible to get line up to 25K.
Interest rate is high, around 8.75% to 11.00%..
Money can be withdrwan whenever needed.
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go_guy123
01-06 11:00 AM
CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!
"That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.
My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House
"That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.
My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House
more...
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champu
02-18 07:31 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek -
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek -
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
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lacrossegc
09-23 11:40 AM
You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
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mdipi
11-16 08:02 PM
well i came with my head held high!
ajay
03-23 02:46 PM
If your employer is a 'good' person s/he might be of help to you in this regard. LLC also may be an option that you can try with. Let others also explore some possibilities for you.
Good Luck in your website.
Good Luck in your website.
ashwinr
07-17 12:57 PM
Also, i traveled to Chennai & had no issues with immigration there.
I had switched jobs early last year and notified USCIS (AC21). I received a RFE for employment verfication in October and we responded to it before i traveled.
I had switched jobs early last year and notified USCIS (AC21). I received a RFE for employment verfication in October and we responded to it before i traveled.
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