пятница, 10 июня 2011 г.

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  • qasleuth
    08-07 06:57 PM
    Sorry to hear your predicament.
    "Is employer legally liable for expired EAD of employee?"

    The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.

    Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
    In reality: It sounds more like they are looking for an excuse not to hire you.

    As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
    Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.

    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.




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  • amslonewolf
    05-16 10:44 AM
    But wasn't there a recent update that USCIS will be using USPS delivery confirmation service to send out cards..

    USCIS - USCIS Improves Delivery of Immigration Documents through Secure Mail Initiative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ecdd8ae14af210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)


    From Oh Law Firm -

    05/02/2011: USCIS Secure Mail Initiative for Delivery of EAD, AP, and Green Cards by Priority Mail with Delivery Confirmation

    USCIS has just released information that under a partnership with the U.S. Postal Services, USCIS has fully implemented the Secure Mail Initiative (SMI), which uses U.S. Postal Service (USPS) Priority Mail with Delivery Confirmation to deliver certain immigration documents in a safe, secure and timely manner. The SMI reportedly enables USCIS to confirm delivery of permanent resident cards and documents pertaining to travel and employment authorization. With USPS tracking information, USCIS customers can easily stay up-to-date on the delivery status of their documents and USCIS can confirm that these essential documents were delivered to the proper address. SMI provides USCIS customers many benefits of ability to track the status of their documents through USPS tracking system, quicker delivery documents through USPS Priority two to four business days sooner than with first-class mail, average three days, and customer's ability to contact USCIS�s Customer Service Center at 800-375-5283 to request tracking information for their documents. USCIS customer service representatives will provide customers with their USPS tracking number and current USPS delivery status "two weeks" (but not earlier) after getting their approval notice in the mail. For the details, please read the USCIS release.
    It is, however, not clear the meaning of "Delivery Confirmation." Currently, the USPS uses two delivery confirmation options, one option requiring signature of the receiver and other option not requiring signature upon delivery. If it is the former, the customer should make it sure that the receiver is present to sign the delivery confirmation. As soon as this is clarified, we will post the information.




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  • krishnam70
    05-01 04:48 PM
    Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.

    Just make sure you covered all the bases and reply to them. It might not hurt to include another copy of your birth certificate and translation just for the heck of it along with your explanation who knows may be the earlier one got misplaced or messed up

    - cheers
    kris




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  • chanduv23
    07-10 08:52 AM
    Hello,

    One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
    I think this is more of ignorance about EAD.

    Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.

    I 9 form does have i 766 as valid entry.



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  • Jaime
    09-16 02:02 AM
    bump




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  • meridiani.planum
    07-13 12:32 PM
    Folks,
    Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.

    Background:
    During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
    In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.

    Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
    a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
    b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)

    I am afraid to choose option 2 as they might send my application for some sort of reconciliation.

    Thanks
    Sunny

    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.



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  • Templarian
    07-20 10:04 PM
    saxx it has no chance to beat flash. Its good in that it uses a very solid language backing. Its just not even remotely comparable to flash atm (its like flash 8 tbh if they were to be compared).

    I have a good feeling once its further in development and MS has integrated all of DX10/DX11 support we will be seeing a lot more of it (probably because of a windows update).

    Till then its just something to mess around with. Think of it more as a JAVA in your browser... everyone eventually will have it... but very few will use it.




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  • zuhail
    05-07 11:23 AM
    Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).

    But I found this article from Murthy.com to be conclusive on this matter.
    MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)

    Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.



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  • Macaca
    07-17 11:11 AM
    Here is my classic quote:


    Please accept my humble and sincere "Shame on You" compliment, if you fit all of the following:

    Have IV ID OR visit IV as guest.
    Been visiting IV forums for 1+ month.
    Have not contributed a single penny to IV. [MOST IMPORTANT]
    Will benefit (and/or ARE BENEFITTING) from IV.

    I wonder how you can live with yourself benefiting from the sweat of others.

    Please help yourself by contributing asap.




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  • bekugc
    07-18 01:56 PM
    hello,

    MY Opinion!!

    since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).

    if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.

    1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)

    2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.

    3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
    since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.


    Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.

    :-)



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  • glus
    12-11 05:01 PM
    You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.

    Vicks_don: I think you answer is not the best advise. If he asks for help with AP, try to give the person a good advise if you know it. If he goes by your advise, what happens if for some reason he does not get the H1 stamped? A person leaving US should always apply for AP when his/hers I485 is pending if he/she has no visa stamp in his/hers passport. If he goes for H1stamp, and the stamp is denied for whatever reason, he will still be able to come back to the states using the AP and continue I485 application. But if one leaves, and has no valid visa stamp and stamping is denied, one will not be able to come back to the states.

    G




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  • shivarajan
    08-14 08:14 PM
    USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."


    News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)

    Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485



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  • arunkotte
    07-10 09:43 PM
    not nessasarly, mine and my friends las names starting with K and M, both are at NSC




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  • Siddharta
    03-11 10:13 PM
    I have an NRE account and I get a 1099-INT every year from my bank for that account. It clearly states that the interest has been reported to the IRS and therefore must be shown on the 1040.

    Interesting. I never received the 1099-INT. Will talk to my bank.



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  • freakin_gc
    11-14 03:19 PM
    I dont have any hope that I will be receiving GC soon...my I-140 is still pending at NSC and unfortunately I'm from India ;(

    PD AUG 2004(EB3)
    140 Pending RD June 26th, 2007
    485 Pending RD Aug 13, 2007
    EAD APPROVED Oct 26, 2007
    FP DONE SEPT Oct 20, 2007
    AP APPROVED Nov 2, 2007




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  • willIWill
    02-23 05:25 PM
    I don't want to use EAD/AP, as I want to have a backup.
    Gps, look at the below link, it should be informative and useful in your case.

    EAD or H1:

    Unless until you have any dependants still to be included in your GC, go for EAD get done with the H1 headache.

    H-1B vs. EAD/AP � some thoughts - Blogs - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/blogs/ron-gotcher/10-h-1b-vs-ead-ap-some-thoughts.html)



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  • pappu
    08-26 01:11 PM
    Advocacy Action Item August 2009 - update

    The summer August recess is in progress and the lawmakers are still in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.

    IV therefore requests its members, to continue to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
    our members have been taking appointments and so far the feedback has been extremely positive. These meetings have enabled us to enlighten the lawmaker offices and engage in constructive dialog that not only addresses our issues and concerns but also provides solutions to the backlogs.

    As communicated earlier, we have created multiple documents and support material that will go into your �Advocacy Packet� for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36
    where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. More details of this action item can be found on this thread:
    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html

    In summary there are two parts to this action item

    1) Please continue to take the appointments with your lawmakers. We need to maximize the remaining August recess days to get as many meetings as possible with either the lawmakers or their close aides. Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.

    2) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.

    We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right. We not only are highly skilled and are high income individuals that but we are truly the best and the brightest Future Americans that contribute significantly to the progress of America.


    ================================================

    IV = I+We : The Importance of Grass-Roots Organization

    Immigration Voice is a grassroots organization, which means, every member in the community plays an important role towards resolving our issues and achieving our goals. Our members are highly skilled, well educated and extremely talented who continue to contribute towards the success of the organization. Our membership base is large and growing every day. The best way to organize ourselves so that our efforts can be effective and yield desired results is by joining state chapters and actively participating in grassroots efforts. State chapters play a very important role in shaping the organization. State chapters organize conference calls, meetings, social gatherings, grassroots advocacy, publicity campaigns, and media campaigns, generate awareness and coordinate many other activities. State chapters also train and mentor members and organize meetings with local lawmakers to discuss our issues, which is the most important aspect of grassroots advocacy. When more people meet with local lawmakers of their constituency and apprise them of our issues, the better will be their understanding of our issues and goes a long way towards aiding our ongoing advocacy efforts. Voicing our opinions and concerns in a peaceful manner is the �American way� of doing things and Immigration Voice is the platform for future Americans like us to voice our opinions and concerns.

    State chapters organize workshops, participate in community events like fairs and marathons, and help arrange media interviews, organize advocacy events like lawmaker meets and rallies, help in raising funds towards advocacy and running the organization. State Chapter members are always verified by the chapter leaders. Most often, the core team shares updates with chapter leaders who in turn share these updates with the chapter members. Chapter leaders keep the members of their state involved, recruit more members and help organize activities and events. Besides joining and participating in state chapters, we need other active volunteers to join us in different teams which are working in specific area like the media group, the newsletter group, the advocacy group etc. Each of these groups is led by dedicated members who work with members in formulating IV documents and strategies.

    We also want to urge our members to generously contribute to our cause. We as a non-profit organization depend on your contributions to work on various media and advocacy activities. By quoting the famous words of Martin Luther King Jr. �The time is always right to do what is right.� We request our members to join a state chapter by following the link
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
    and look for your state chapter information. If your state chapter does not exist or is not active, you can start the chapter by contacting Immigration Voice at info@immigrationvoice.org . We also request our members to contribute to our cause by logging into IV website and going to following link http://immigrationvoice.org/forum/misc.php?do=donate

    IV is each one of you - IV is for all of you.
    ===============================================
    IV on Twitter: http://twitter.com/immivoice
    IV on Facebook: Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999)
    ===============================================




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  • Alabaman
    04-30 06:23 PM
    all talk... talk talk talk...no action




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  • EB3_SEP04
    01-28 09:21 PM
    I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?

    485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:




    insbaby
    05-04 06:00 PM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
    3. Would he have to go through his visa stamping again?

    Much apprecaite your reply.

    -

    There are few steps you have to follow:

    1. As the previous post says, report to the nearest police station and get the number.

    2. Find which consulate gives service to your state from this URL http://www.indianembassy.org/newsite/consultates.asp

    3. Go to their website, and there is an emergency number/lost passport number, call and inform them.

    4. You have to fill up the application forms (they will guide you), includes the scanned copies of the old passport and proper fees, overnight to them.
    They will process it and issue either a new passport or temporary passport to your father in a quick period of time. It may not be in a week, but surely won't take more than a month.

    5. Inform USCIS the same and get guidance from them.

    The only issue you have during this process is, he may not be able to travel within US without proper photo ID. You should be ok within your city as he is senior.

    Always keep the copy of the scanned passport at hand when going out.

    Good luck.




    GCSOON-Ihope
    10-30 03:55 PM
    Same aberration here!

    My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
    Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
    Anyone has any idea of what this means or is it just another "glitch" of their crazy software?



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