Lasantha
06-15 12:59 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
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chanduv23
10-02 08:06 AM
^^^^^^^^^^^
alex99
06-28 03:12 PM
As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.
Sample Format:
DATE
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508
Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX
Dear Sir/Madam:
This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.
He will be managing XXXXXXXXXXXXX(according to Labor approval)
It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.
Yours Sincerely,
XXXXXX
XXXXXX
Sample Format:
DATE
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508
Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX
Dear Sir/Madam:
This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.
He will be managing XXXXXXXXXXXXX(according to Labor approval)
It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.
Yours Sincerely,
XXXXXX
XXXXXX
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newlife2
09-19 10:46 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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lbk
07-18 12:01 PM
Still I was confused. I got I-140 Approval, I have a benificiary no,
Can I use it in my I-485 application at A# and in my Wife I-485 application?
Can I use it in my I-485 application at A# and in my Wife I-485 application?
saibaba
10-01 11:28 AM
Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
hi there:
why you are sending it to IL?
Didn't they mention about return address in the returned package?
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
hi there:
why you are sending it to IL?
Didn't they mention about return address in the returned package?
more...
sathishav
02-18 10:16 PM
Which state are you from? Do they insist on Passport? In NC, if you have a valid drivers licence, all you need is a valid I797. They don't insist on the passport.
This is true at least as of Oct/nov 2010.
As the other member said, I have had no luch with phone/email from our embassy. Going in person "may" help, but since you mailed your application, they processing may be different.
won't hurt, if you go and check though.
This is true at least as of Oct/nov 2010.
As the other member said, I have had no luch with phone/email from our embassy. Going in person "may" help, but since you mailed your application, they processing may be different.
won't hurt, if you go and check though.
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GIDOC
07-18 01:47 AM
We should still encourage Congresswoman Zoe Lofgren to look into why this happened in the first place. This should not happen again.
more...
yabadaba
06-18 12:46 PM
factory man:
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
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a_yaja
04-23 04:39 PM
Thanks a lot guys for your inputs. I hope everything goes fine.......
heard these days it is taking more then 6 months for I140 approval...........
mine was filed in marcha, 07 in the Texas processing center...........
Depends. My I-140 was filed on Nov. 7, 2006 with Texas Service Center. As a Christmas gift, on Dec. 14th, 2006 I received an RFE (because my lawyer screwed up with my letters of experience. He did not send them!). My lawyer did not even send me the RFE notice (he said "it contains confident employer information") - which was surprising - as he used to be very prompt with eveything else. To make a long story short - after 2 months, my employer complained to the law firm and the lawyer was fired. The new lawyer handling my case sent me the RFE notice and then I knew why I was not given the RFE letter. It asked for my experience letters! The new lawyer responded to the RFE notice on March 1st (just in time too - respponse was to received by March 10th or something like that). My I-140 was approved on April 17th (Easter gift?).
If you remove the 2 months wasted by the attorney, I would say that the I-140 was approved in 2 1/2 months.
heard these days it is taking more then 6 months for I140 approval...........
mine was filed in marcha, 07 in the Texas processing center...........
Depends. My I-140 was filed on Nov. 7, 2006 with Texas Service Center. As a Christmas gift, on Dec. 14th, 2006 I received an RFE (because my lawyer screwed up with my letters of experience. He did not send them!). My lawyer did not even send me the RFE notice (he said "it contains confident employer information") - which was surprising - as he used to be very prompt with eveything else. To make a long story short - after 2 months, my employer complained to the law firm and the lawyer was fired. The new lawyer handling my case sent me the RFE notice and then I knew why I was not given the RFE letter. It asked for my experience letters! The new lawyer responded to the RFE notice on March 1st (just in time too - respponse was to received by March 10th or something like that). My I-140 was approved on April 17th (Easter gift?).
If you remove the 2 months wasted by the attorney, I would say that the I-140 was approved in 2 1/2 months.
more...
meridiani.planum
08-11 11:41 PM
Hi Guys,
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
hot They included Eric.
Winner
04-23 12:46 PM
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
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pasupuleti
05-11 01:36 PM
Good Job:). I heard your conversation. Thanks for making our case.
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vdlrao
04-08 02:25 PM
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Employment preferences, including principals and their dependents, represented 15 percent of the total LPR flow in 2007, up from 13 percent in 2006. The LPR flow for employment preferences increased 2 percent from 159,081 in 2006 to 162,176 in 2007, but was below the record of 246,877 set in 2005. The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007. In addition, provisions of the REAL ID Act of 2005 resulted in the recapture of 50,000 unused employment-based visas from 2001 to 2004, of which 11,950 were used in 2005, 33,335 were used in 2006, and 4,743 were used in 2007.
Employment preferences, including principals and their dependents, represented 15 percent of the total LPR flow in 2007, up from 13 percent in 2006. The LPR flow for employment preferences increased 2 percent from 159,081 in 2006 to 162,176 in 2007, but was below the record of 246,877 set in 2005. The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007. In addition, provisions of the REAL ID Act of 2005 resulted in the recapture of 50,000 unused employment-based visas from 2001 to 2004, of which 11,950 were used in 2005, 33,335 were used in 2006, and 4,743 were used in 2007.
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hiralal
05-11 09:18 AM
no comments on the above ..or a different / better idea ??
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learning01
05-10 11:48 AM
immi2006
That's what we need to do in these forums.
You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.
After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.
Hence, my title: please read and post your opinion, instead of just posting thie links or the story.
That's what we need to do in these forums.
You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.
After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.
Hence, my title: please read and post your opinion, instead of just posting thie links or the story.
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starone
10-29 11:52 AM
Lazycis,
Can you share here or by pm the letter which you wrote to revoke your previous Attorney? I am also in the same boat where i want all my correpondence sent to me.
Can you share here or by pm the letter which you wrote to revoke your previous Attorney? I am also in the same boat where i want all my correpondence sent to me.
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FinalGC
11-09 08:54 AM
Munna Bhai:
You better get your 140 applied ASAP and hope that you get your approval before March 2007. Then you can apply for H1 for 3 years. I was in a similar boat and I got my 140 about 1.5 months before my H1 was expiring (8th year). I then used Premium Processing and got H1 in 4 days.
It will be tough call if you can get a 1 year renewal...check with your lawyers
Get moving fast man
You better get your 140 applied ASAP and hope that you get your approval before March 2007. Then you can apply for H1 for 3 years. I was in a similar boat and I got my 140 about 1.5 months before my H1 was expiring (8th year). I then used Premium Processing and got H1 in 4 days.
It will be tough call if you can get a 1 year renewal...check with your lawyers
Get moving fast man
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GCwaitforever
05-31 02:45 PM
Thanks for sharing your experiences. I am also sponsoring my mother-in-law to come here. I will have to see how this goes.
sbvw76
10-09 10:42 AM
For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.
Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.
Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.
matreen
07-11 01:02 AM
I see dark every where for EB3 until we do something there is no hope guys.....
This is really suc...............
This is really suc...............
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