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  • fcres
    06-19 10:29 AM
    Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.

    AC-21 can be invoked on H1 as well as on EAD. Your choice.

    Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.

    Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.

    Hope it helps.

    ----------------------------------
    Permanent Resident since May 2002

    Thank you for this information.

    I still have about 2.2yrs left on my 9th yr 3yr H1 extension. So if i don't need EAD when i use AC21 do i just file AC21 or do i need to transfer H1 too? And i guess this means even after i invoke AC21 i will still be on H1 status which is what i prefer.
    Also is there any CIS links stating we don't need EAD to invoke AC21 so i can talk to my lawyer?





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  • ita
    09-22 04:06 PM
    Called all of them. Thank you.





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  • Honda
    04-15 02:28 PM
    Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
    I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
    When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
    As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
    1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
    2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
    3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
    4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
    5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
    I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
    Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.

    Sorry to hear your situation. Please let me know right now which state you are? i have some options to tell you.





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  • santb1975
    08-13 06:07 PM
    no one??



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  • GCtogo
    09-24 01:42 PM
    Hello Gurus,

    I am also in the same situation. Last week, My desi employer gave me a deadline to find a project after which he will lay me off. On the same day my concurrently filed I-140(July 07 filed) was approved. I have also applied for EAD renewal. My approved H-1B petition has two more years. Now I am focussed more on finding a full time position. If I get one, should I ask the new company to transfer my H-1B visa or should I be using the EAD once I get it? What do you Gurus recommend? Any information on this will be really helpful for me in making up my mind.

    My details:
    PD: May 30th, 2006
    EB2 India

    Thanks





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  • villamonte6100
    11-20 08:46 AM
    I visited the PA DMV yesterday to renew my driving licence based on my pending I-485. With all the valid documents like EAD, I-485, SSN card, I-94 etc. They refused to renew it saying that they have a new pilot program implemented called SAVE and need to get clearence from that, it will take upto 30 days. Anybody else gone throgh this proces?? Day by day more hurdles to pass...what a life, why dont they keep their systems uptodate or provide some temp permit as long as their check is pending. I am frustated with all this GC process, name check, DL SAVE system check etc..Why dont they implement just one check and give approval to everything.. atleast make it less time consuming.

    Anythoght from anybody? anybody else went through this SAVE (Systematic Allien Verification for Entitlement) program, or am I the only one??

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71cf58f91f08e010VgnVCM1000000ecd190aRCR D&vgnextchannel=71919c7755cb9010VgnVCM10000045f3d6a1 ____


    Yes, 4 of my frineds in Colorado went through the same process called the "SAVED". I was the one who started this thread to find out if other states have already started using SAVE and it seems other states are reluctant to use it.

    Ironically, the DMV in Colorado got sued last week regarding this new process because US citizens were badly affected by this. Please read the article below.

    http://www.denverpost.com/search/ci_4674598

    My wife's DL will expire on 02/07 but because of this new process, we decided to visit our local DMV here.

    They renewed her license with just the new 797 and passport as the requirement. I don't know if the law suit has got something to do with the change.

    My other friends are still waiting to be cleared by SAVE and couldn't drive.

    Goodluck.



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  • drirshad
    10-23 09:34 PM
    Just a question, r u from India or ROW .........

    R u EB2 or EB3 .............

    Let us know when u get the gc ............





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  • lazycis
    12-06 07:55 PM
    Has anybody filed lawsuit against uscis for EAD delays till now ? And what is the process for this, do we need a lawyer ?

    You do not need a lawyer, I can guide you thru the process :) Yes, I know a few cases where plaintiff requested court to force the USCIS to issue EAD. Some people were waiting more than a year! Those cases were usually bundled with I-485 WoM. One case is well-known class action lawsuit Ngwanyia v.Ashcroft, No.02-CV-502 (D.Minn.). Government promised to issue EAD within 100 days for the class.
    http://www.ailf.org/lac/lac_020905.pdf
    However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.



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  • ganguteli
    03-02 11:15 AM
    reality is, a contraction of US growth of this magnitude was never anticipated...there is strong fear of deflation!

    its a do or die situation for immigrants. regardless of the visa status EAD , H1, L1, B1...or Z1.. the only hope of us to get a temp fix which helps the housing/eb crisis..

    So your solution is to open a thread with new annonymous ID and blame all Telgus for your problems

    http://immigrationvoice.org/forum/showthread.php?t=24064&page=5

    I saw that you posted with your ID and then deleted it to avoid being caught. Now tell me who is fake?

    Why dont you do something instead of blaming IV and Telgus





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  • mallu
    10-23 09:14 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.

    who didn't fall to namecheck black hole.



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  • mugwump
    10-05 11:59 AM
    The Republican Party is reffered as the GOP





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  • sorcerer666
    04-21 02:56 PM
    Yes. a law will be good.

    yes now go do some research about how a proposal becomes a law! Signing a petition doesn't go anywhere, its just one of the many steps to influence the lawmakers.
    On your other post, your comments are the stupidest ever! So please research before saying other peoples comments stupid :P



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  • partha_vus
    06-13 04:58 PM
    Question gurus... I have a xerox copy of my approved I-140. Will this be enough to port the priority date? or do you need the original copy to be submitted along with the new I-140 application when you request portability of older priority date?? please clarify.

    Yes. That is suffice. My attorney asked for original and i told him, i have only I140 approval copy. Attorney asked additional proof like pay stubs, w2's from that employer. I submitted copies of pay stubs and w2's from that employer. My case is approved. waiting for the Notice copy. I will come to know once i receive the approval notice whether they ported priority date or not.

    thanks,





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  • vrkgali
    02-08 01:38 PM
    When I applied for my labor , Even though , Ad is given for B.S and 7+ years of experience, My employer told me that My labor is applied on Eb3.

    After my labor was cleared, when applying for I-140 , we had to change the attorney.The new attorney applied I-140 in EB2 category.

    when I asked the new attorney about this , she informed me that , since I have got B.S and 10+ years of experience, I am eligible for EB2.

    since I did not get to see the Labor clearance certificate, I dont know on what basis Labor is cleared.

    Now I am confused whether I am in EB2 or EB3.



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  • pappu
    10-22 01:47 AM
    I revisited this thread today and saw several heartwrenching stories of some of our IV members. One way for IV to help you is through letting your situation be known to others via media. We have a few opportunities and if you are interested please send an email to himanshu at immigrationvoice.org. Do not PM me since my PM box gets filled very often.

    It will not only help all of us generate awareness about our plight to american public, lawmakers too will be influenced by the magnitude of problems we face while waiting patiently in line for several years. I feel media is a great tool and we can use it very effectively when we all can get our message across in the world outside of this forum. Once we get IV members ready to volunteer for such interviews and to talk about their plight, IV will try its best to get their voices heard.





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  • vaishnavilakshmi
    07-20 12:03 PM
    Hi all,

    Though my application reached on 30th June2007(non-working day),our lawyer told us that it will considered as 2nd july reciept.

    vaishu



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  • meridiani.planum
    08-24 02:47 PM
    ^^bump^^

    pretty good response. thanks everyone who responded.
    No votes for 2003 and earlier. If this sample reflects reality, thats good news, dates should not retrogress too far back. Quite a few 2004 cases, but with the dates for them going current next month, hopefully many of these people get approved, and the queue moves ahead...





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  • ianlock
    07-27 02:11 AM
    Hi guys,

    well me visa processing fee bill finally got to the soliciters yesterday.

    Thats 24 DAYS!!! from the time NVC says it genertaed it, to us getting it.

    Sending the money order out today.

    Now lets see how long it takes to process that and then send me packet 3!?!?!

    The saga continues......





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  • villamonte6100
    11-01 05:29 PM
    This US wide and not a state wide. Homeland security and DMV wanted to use a new database to track immigrants.





    vishwak
    08-11 08:46 AM
    sorry to hear that, when is your PD.

    Hopefully from October 2010 the date stay as it is. Did you checked the cut off data it does show 0 requirement prior to 2006.

    Its 26May. I don't think they will move something in Oct right???





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