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rock
06-22 10:54 PM
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
Hi voldemar,
I am also in the similar but not exact situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485. I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?
I would appreciate the answers and any official links if available.
Thanks
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
Hi voldemar,
I am also in the similar but not exact situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485. I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?
I would appreciate the answers and any official links if available.
Thanks
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06-10 04:53 PM
Sent
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polapragada
02-14 01:43 PM
For those who is not seeing this is happenning,
Just look at what is happening around you...
Just look at what is happening around you...
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vjkypally
09-26 10:04 AM
I also sent a note
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ukats02
10-20 09:00 AM
If you download and read Obama's immigration plan (PDF), it is more or less the same ( Vs MacCain's plan). Except for no mention in specific words about increasing the H1 #'s or GC #'s, the plan actually makes note of the hardships faced by legal immigrants. The problem is acknowledged and they accept that the legal immigrations system is broken, which to me, means that they will try to fix it.
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pappu
11-20 01:09 PM
All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.
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bang
10-16 10:42 AM
Please participate in EB3 PollSee my details in Signature
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vgayalu
07-24 08:53 AM
I have a same idea like Mr Rpatel. I wrote a Personal message to our moderator Logiclife. But I failed to explain effectively about this to Logiclife.
Now I got some support from Rpatel. This is the very important and bst solution for time being. Rpatel can you send a personal message to logiclife with more clear picture please.
Vgayalu.
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
Now I got some support from Rpatel. This is the very important and bst solution for time being. Rpatel can you send a personal message to logiclife with more clear picture please.
Vgayalu.
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
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BMWX5
03-03 09:50 PM
I own three houses + some land.
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empee99
09-23 03:27 PM
Hi,
I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day.
Please Guide Me
Mahesh
I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day.
Please Guide Me
Mahesh
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Tito_ortiz
02-28 01:03 PM
If you tired, why do you keep reading it? I think it is so irrational trying to admonish others.
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
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guy03062
07-13 02:26 PM
I agree with you 100% for her delayed letter when everything falls in right place and may want to claim credit later on. But on other side, it is still good that she wrote a letter to add pressure on DHS. My 2 cents.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
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GreenCard4US
07-12 11:50 PM
Well said GCBY3000. Since something is going to happen, she wants to project herself as though she put in some effort. A few months back when I made a phone appointment with her, she was not at all helpfull. All she kept saying was, we can do it for you for so many $$$. It was all about money, money and money. I honestly doubt her intentions.
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StarSun
02-17 09:50 AM
IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.
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lazycis
01-19 08:50 PM
When my Mother-in-law came here a few years back, she was stopped at the passport control. They wanted to ask a few questions, but as she does not speak English at all and they could not find an interpreter, they let her go after a few minutes. She just showed an invitation letter and did not say a word in English. It does work.
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matreen
05-13 09:26 PM
I have the same question, currently I am on EAD and no H1B visa. Can I elibible for financial aid?
Please advice what options I have to procure loan either that is financial aid or other alternatives.
Thanks,
Matt
Hi
For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?
When I applied for financial aid they told me that since I dont have my greencard Im not eligible
Thnks
Sanjay
Please advice what options I have to procure loan either that is financial aid or other alternatives.
Thanks,
Matt
Hi
For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?
When I applied for financial aid they told me that since I dont have my greencard Im not eligible
Thnks
Sanjay
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ramus
07-03 10:47 PM
Do you know even to come to site and get some info also need money..
Not to hurt you but just giving one small example of why we need money...
That is a valid concern veerug brought up and it would be great if the IV core team can list how IV will complement AILF during this lawsuit.
I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.
Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.
Thanks for this portal for everyone to get organized on immigration issues.
Amar
Not to hurt you but just giving one small example of why we need money...
That is a valid concern veerug brought up and it would be great if the IV core team can list how IV will complement AILF during this lawsuit.
I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.
Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.
Thanks for this portal for everyone to get organized on immigration issues.
Amar
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chanduv23
11-22 02:14 PM
There are ofcourse lot of ways to stay afloat on your GC process. But its all risky. Even expreienced Lawyers will say its possible and might go ahead as well. But something happens latter then the lawyer is not at loss. Its you who will bear the brunt.
If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D
So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.
Always follow the right route. But if you are in troubled waters, try provisions and workarounds make make sure u do it legally :) Play by the rules. In cases where company is laying off, bad managers, selfish employers, mergers etc... bad work, I think one must see if he has provisions and workarounds. You never marry a company for thee sake of Green Card, if you do so, then get ready for an unconditional divorce. Remember, company are commercial entities, and they dont care a shit about u or ur family or green card, they care about themselves, I have seen so many people being artificially loyal to their companies so that they would not face layoffs or issues. As such nothing is straight forward. No system is 100% perfect and though the American system may not be 100% perfect system, this is the only system that can be the best in the world. There is provision for almost anything. One may not feel right about certain things but at the end of the day everyone gets what they deserve. Try to be a "survivor" :)
If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D
So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.
Always follow the right route. But if you are in troubled waters, try provisions and workarounds make make sure u do it legally :) Play by the rules. In cases where company is laying off, bad managers, selfish employers, mergers etc... bad work, I think one must see if he has provisions and workarounds. You never marry a company for thee sake of Green Card, if you do so, then get ready for an unconditional divorce. Remember, company are commercial entities, and they dont care a shit about u or ur family or green card, they care about themselves, I have seen so many people being artificially loyal to their companies so that they would not face layoffs or issues. As such nothing is straight forward. No system is 100% perfect and though the American system may not be 100% perfect system, this is the only system that can be the best in the world. There is provision for almost anything. One may not feel right about certain things but at the end of the day everyone gets what they deserve. Try to be a "survivor" :)
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pkv
03-17 04:36 PM
Hi,
We filed I-485 july last year, but didn't file for EAD.
Now I want to file EAD for me and my wife, she is on H4 right now.
The main posting talks about filing everything together.
Anyone know which all forms I need to send when applying only for EAD? do we need send any other form than I-765?
I filed in nebraska, but case is with texas service center now. Where should I mail my forms? Texas or Nebraska?
Thanks,
We filed I-485 july last year, but didn't file for EAD.
Now I want to file EAD for me and my wife, she is on H4 right now.
The main posting talks about filing everything together.
Anyone know which all forms I need to send when applying only for EAD? do we need send any other form than I-765?
I filed in nebraska, but case is with texas service center now. Where should I mail my forms? Texas or Nebraska?
Thanks,
alterego
07-14 09:37 PM
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
gimme_GC2006
05-15 10:01 AM
Any Idea about the following MBA Distance Leaning Courses from India
1.SCDL-Symbiosis center for distance learning
2.IGNOU - ndira Gandhi National Open University
3.ICFA
4.NMIMS - Narsee Monjee Institute of Management Studies
Or any other institutes from India with reasonable fee structure.
jD, I dont think desi unversities went online yet..but if you are here, why dont you think of doing an American or European MBA? ;)
1.SCDL-Symbiosis center for distance learning
2.IGNOU - ndira Gandhi National Open University
3.ICFA
4.NMIMS - Narsee Monjee Institute of Management Studies
Or any other institutes from India with reasonable fee structure.
jD, I dont think desi unversities went online yet..but if you are here, why dont you think of doing an American or European MBA? ;)
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