uslegals
11-05 02:42 PM
My EAD & AP application reached NSC on 8/7/2007..TODAY - 11/5 is the 90th. day.! I am done with FP 2 weeks ago. 90 days is counted from " RECD. DATE " right and not
" Notice Date..." ? Since USCIS is supp. to process EAD's within 90 days and they have not for me - i am planning to take INFOPASS appt for EAD.! Can i schedule a AP appt. for the same day.?
" Notice Date..." ? Since USCIS is supp. to process EAD's within 90 days and they have not for me - i am planning to take INFOPASS appt for EAD.! Can i schedule a AP appt. for the same day.?
delhikadesi
05-02 01:45 AM
nothing personal against GCmuddu and other jumping for EB2.
As said, USCIS should be the one stopping this porting of date within categories..
Till the time keep jumping!!
As said, USCIS should be the one stopping this porting of date within categories..
Till the time keep jumping!!
kpchal2
03-17 10:34 PM
HI
I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation
company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.
Changed company to Company B in May 2006.
Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.
Changed company to Company C in Jan 2007.
Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.
I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.
Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.
Thanks
I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation
company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.
Changed company to Company B in May 2006.
Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.
Changed company to Company C in Jan 2007.
Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.
I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.
Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.
Thanks
simple1
10-26 05:59 PM
I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
more...
mirage
01-28 08:58 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 ?
Libra
08-28 10:11 AM
guys, please contribute to DC rally in whatever way you can.
more...
bbct
04-16 11:21 AM
That really sucks.
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
ssdtm
12-11 04:49 PM
Here is good thread that answers most of your questions
http://www.immigration-information.com/forums/showthread.php?t=1129&page=6
http://www.immigration-information.com/forums/showthread.php?t=1129&page=6
more...
STAmisha
11-17 05:47 PM
Please do post it.
I will also follow up with my lawyer.
Thanks
I will also follow up with my lawyer.
Thanks
amsgc
11-26 01:34 AM
Cygnet,
There is no such thing as a transfer - every petition is a new petition.
In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
There is no such thing as a transfer - every petition is a new petition.
In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
more...
shruthi07
01-14 07:20 PM
Your wife has valid legal status till July 2008. The Officer at the POE should give the I-94 date as July 2008 as visa is used only for entering the country before June 2007. If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected. My friend has been in the same situation and was given the later date at POE.
jliechty
March 28th, 2005, 07:23 AM
Has the 4GB card been formatted with the FAT32 filesystem in your computer? The D100 supports FAT32, so greater-than-2GB memory cards should not be a problem in theory. :confused:
BTW, I've not yet heard of viruses getting on memory cards and affecting digital cameras, yet. I'm sure the day will come, as digital cameras become more powerful and [perhaps] start using more general purpose processing units.
BTW, I've not yet heard of viruses getting on memory cards and affecting digital cameras, yet. I'm sure the day will come, as digital cameras become more powerful and [perhaps] start using more general purpose processing units.