New thread AOS sent around May 10

Remaining NOA's Recieved; Question about FP & Bio

Hey Guys,

Today I recieved the remaining two NOA's, I called to NCSC number to schedule an appointment for FP & Bio, I immediately got to talk to the customer rep. After taking all my details, she asked my zip code and said your ASC is Boston and currently all the appointments are full. Call on Monday sharp at 8.00 AM to schedule the appointment, if you are late to call again e.g called at 8.30 AM,everything will be full.
My question is did you guys already have the location and date for FP & Bio on your notices or on the notice it just says you to schedule an appointment?
 
Hey Just Maried, I am glad you have received the remaining NOAs. Yes you need to call at 800am, and I do not understand why they don't right that down on the NOAs in the first place. Nonetheless, it doesn't make sense to me why they cannot schedule an appointment any time of the day. Oh well, what makes sense in all of this process anyway. Thus, Monday call at 8:00am!!!

Another thing, I still cannot check anything online! I have the NOAs, scheduled the appointment for fingerprinting and Biometrics; nevertheless, nothing to follow up online. I am used to work with many different government agencies due to my job, mostly Department of States and I do know how they function, but this is being a serious test for me; test for my patience.

I am specialy extremely angry about this EAD extension issue. I will contact a congresperson on this one pretty soon. There is no logic on this one. For new applicants, I do understand it make take some time to process: BUT, what about this damn renewal or extention on the existing one!!!! I was working legaly, paying my taxes, etc...WHY 90 days to get a damn extension. Conditional Residency or Permanent Residency may take years, I don't care, but this. My in oder to keep my life running as it is, they are telling me to do something illegal; work for cash or something; then where is their revenue...MAKES NO SENSE at all.............
**********************************************
F1 married to USC October, 2004
Mailed the packet 485/130/765 to LockBox May 14, 2005
LockBox Received on May 18, 2005
Checks have been cahsed June/08/05
NOAs have been received June/13/05
Appointment has been scheduled for July/27/05
*************************************
Leave of Absence between June 15th, 2005 to UNKNOWN
EAD expiring June 14th, 2005
Taking a leave of absence until renewal EAD is received
 
Thanks for the information Huska, I appreciate it :) .
The inability to check the status on our application is really frustrating.

I am almost similar to your situation. I was working for the state of massachusetts on my OPT and it expired a while ago. Anyways..I think its our fault not to apply for these paperworks well in advance before the work permits expired, so that we could have been smoothly working with our employers.
 
Your're welcome "just married" and I apologize for my grammar mistakes! I'm really disturbed with all this!!!!

Well as you can see we've got married a while ago, and we asumed that as sson as we file everything before my EAD thing expires all is fine. After we submitted everything, we went back and read little more on these stuff. I hated myself not knowing this in advance, but still this does not make sense to us at all. Now my wife went to my home country to work for couple of months, and I am stuck here at home being domestic. No pay check from my side, and no pay check until she is back.

My supervisors/managers/co-workers/clients are still calling me for the thing I left behind~it is such a mess!!!! But as I said before, I will find ways to fix this nonsense stupidity; I've heard if you do work between EADs [meaning between that magic 90 days] there are laws protecting us [being spouses of US Citizens]. I am searching for that, and I will find it.

**********************************************
F1 married to USC October, 2004
Mailed the packet 485/130/765 to LockBox May 14, 2005
LockBox Received on May 18, 2005
Checks have been cahsed June/08/05
NOAs have been received June/13/05
Appointment has been scheduled for July/27/05
*************************************
Leave of Absence between June 15th, 2005 to UNKNOWN
EAD expiring June 14th, 2005
Taking a leave of absence until renewal EAD is received
 
Hey there just married,

I was wondering if you knew that we did not have to pay taxes on Medicare and state and etc. because we're on OPT???? I will get my money back on that one, or at least I'll find a way to do that.

Hus

**********************************************
F1 married to USC October, 2004
Mailed the packet 485/130/765 to LockBox May 14, 2005
LockBox Received on May 18, 2005
Checks have been cahsed June/08/05
NOAs have been received June/13/05
Appointment has been scheduled for July/27/05
*************************************
Leave of Absence between June 15th, 2005 to UNKNOWN
EAD expiring June 14th, 2005
Taking a leave of absence until renewal EAD is received
 
You are right about that huska, when you are on OPT you are not supposed to pay Medicare and social security taxes. If you have already paid them, there are forms on IRS website i.e Form 843: Claim for Refund and Request of Abatement & Form 8316: Information Regarding Request for Refund of Social Security Tax Erroneously Withheld on Wages Received by a Nonresident Alien on an F, J, or M type Visa. With these forms you have to attach your photocopies of the F-1 stamp on your passport, I-20, OPT card fornt and back and the I-94 front and back.
In addition to all this you have to attach a letter from your employer stating that you were hired on your OPT from ----date to ----date and stating the amount that your employer withheld on medicare and social security. This letter is just a supporting document from the employer asking to help you get back the refund.

Before filing these forms, try asking your payroll department if they will pay you the taxes they withheld from your paychecks, if they accept well and good. If not the above procedure, which will take a long time to get back your money, but the best part is they pay you that money with interest.

Hope this helps
 
Thank you very much Just Married! I understand you are very informed on this issue. Thank you for sharing the information. Good luck tomorrow at 8:00am...

**********************************************
F1 married to USC October, 2004
Mailed the packet 485/130/765 to LockBox May 14, 2005
LockBox Received on May 18, 2005
Checks have been cahsed June/08/05
NOAs have been received June/13/05
Appointment has been scheduled for July/27/05
*************************************
Leave of Absence between June 15th, 2005 to UNKNOWN
EAD expiring June 14th, 2005
Taking a leave of absence until renewal EAD is received
 
Question: Appointment for FP & Bio.

Huska,
Can we do appointment for FP & Bio at any ASC? Since every New England state has one ASC, I was wondering if i can go to e.g Hartford CT or Manchester NH since these centers are close to drive by.
When I called NCSC number, I asked if I can get an appointment anywhere else other than boston, since everything is full here. The lady said no, I cant. But on USCIS its written for customers convenience there are 84 ASC,s u can do this, including US embassies and Military bases where applicable.
These NCSC people are such a pain.
I hope that I get an early appointment at Boston center when I call at 8.00 am tomorrow. If not I'll just hang up without taking the appointment and give a zip code near Hartford or Manchester to see how the situation is in that region.
 
Just Married,

I'm sorry but I don't know the answer for your questions, but it's worrth trying. I've a news for you tho. I think I found the law that covers us between those magic "90 days"

Go to below link:
http://uscis.gov/lpBin/lpext.dll/in...templates&fn=document-frame.htm#slb-act245fn1

It's Act 245, read the subsection(c)!!!!!
Do you have a lawyer???

**********************************************
F1 married to USC October, 2004
Mailed the packet 485/130/765 to LockBox May 14, 2005
LockBox Received on May 18, 2005
Checks have been cahsed June/08/05
NOAs have been received June/13/05
Appointment has been scheduled for July/27/05
*************************************
Leave of Absence between June 15th, 2005 to UNKNOWN
EAD expiring June 14th, 2005
Taking a leave of absence until renewal EAD is received
 
Just Married,

Ignore the link in my previous message, it doesn't take you where I wanted you to look at. Instead try this:

http://uscis.gov/graphics/lawsregs/INA.htm
then, click on Immigration and Nationalty Act
then click on Act 245!!!

Let me know what you think....

**********************************************
F1 married to USC October, 2004
Mailed the packet 485/130/765 to LockBox May 14, 2005
LockBox Received on May 18, 2005
Checks have been cahsed June/08/05
NOAs have been received June/13/05
Appointment has been scheduled for July/27/05
*************************************
Leave of Absence between June 15th, 2005 to UNKNOWN
EAD expiring June 14th, 2005
Taking a leave of absence until renewal EAD is received
 
Huska,

The language here is not very clear, can you try to copy paste that para, specifying that you are allowed to work for 90 days etc.. I read through all of the 245, the legal language subsection under subsections just isnt that easily understandable.

Well just paste that para here and we will try to relate what it says.
 
Just_married said:
Huska,
Can we do appointment for FP & Bio at any ASC? Since every New England state has one ASC, I was wondering if i can go to e.g Hartford CT or Manchester NH since these centers are close to drive by.
When I called NCSC number, I asked if I can get an appointment anywhere else other than boston, since everything is full here. The lady said no, I cant. But on USCIS its written for customers convenience there are 84 ASC,s u can do this, including US embassies and Military bases where applicable.
These NCSC people are such a pain.
I hope that I get an early appointment at Boston center when I call at 8.00 am tomorrow. If not I'll just hang up without taking the appointment and give a zip code near Hartford or Manchester to see how the situation is in that region.
Click to expand...
The people who answers the calls frankly DOES NOT KNOW anything.
I did my FP at a different location, since by the time I called boston got full and was told to call at 8 the next morning.
Anyways to answer your question I am sure if you call them again the next person will give you a different answer.
Earlier I was worried a bit about getting my NOA and was told that they will be mailed after 8 weeks. They arrived the same day.

Helpful timeline for EAD's at NBC
http://www.immigrationportal.com/showthread.php?t=178929
 
zoomz00m,
If you dont mind, can you please specify where you did your FP? So is there no requirement that you are supposed to be in a particular jurisdiction only? I would really appreciate if you can guide me with this. I have been offered a job by the US EPA and they are just waiting for my work permit proof to complete the formalities. Basically when I applied I though it wouldn't take a long time to get a work permit (Bcoz of my previous experience when I applied for the OPT EAD) , so I told the interviewers that I will be able to join by July 15th, but now that the FP date is July 30th, I dont know how long it will take after, hopefully without having any trouble in FBI checks etc.

So please do guide me on this...
Thanks in advance.
 
EAD-answers

Just_married said:
zoomz00m,
If you dont mind, can you please specify where you did your FP? So is there no requirement that you are supposed to be in a particular jurisdiction only? I would really appreciate if you can guide me with this. I have been offered a job by the US EPA and they are just waiting for my work permit proof to complete the formalities. Basically when I applied I though it wouldn't take a long time to get a work permit (Bcoz of my previous experience when I applied for the OPT EAD) , so I told the interviewers that I will be able to join by July 15th, but now that the FP date is July 30th, I dont know how long it will take after, hopefully without having any trouble in FBI checks etc.

So please do guide me on this...
Thanks in advance.
Click to expand...

I am from Boston. Did my FP in Manchester NH.
Like I said I had an apointment for I-485 previously.
So after I went there they did my I-485 (for which I had appointment) and my I-765 ( for which I did not have any appointment).

Advice is: When you call them ask them if they have anything available in the nearby states(ASC). You can try hartford CT as well.

Other point(ALL from assumption since we can clearly see the difference in the RD and ND for applications sent in may or later has increased to almost a month form as early as week): It is now taking around 60 days for EAD processing...The process will slow down a bit I think because of the increase in new applications that were being send after April 1,2005. So assuming it slows down a mere two weeks(hopefully not more than that) you are looking at first week of August,which is after your Biometrics.

Please post further inquires at
http://www.immigrationportal.com/showthread.php?p=1179225#post1179225
 
Last edited by a moderator:
Just Married, Here is the para.:

(c) 1/ Other than an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv),(A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1), subsection (a) shall not be applicable to (1) an alien crewman; (2) 1/ subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (I), (J), or (K)) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 212(d)(4)(C); (4) an alien (other than an immediate relative as defined in section 201(b)) who was admitted as a nonimmigrant visitor without a visa under section 212(l) or section 217; (5) an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S); (6) an alien who is deportable under section 237(a)(4)(B); 1a/ (7) 2/ any alien who seeks adjustment of status to that of an immigrant under section 203(b) and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 274A(h)(3), or who has otherwise violated the terms of a nonimmigrant visa.

I bolded the important parts

274A(h)(3): this is the description of the unaouthorized alien: as I understood, we're not unaouthorized aliens any more is we have a alien number. Well, we're authorized aliens!!!

It's a law language, read it couple of times, I've been reading same thing over and over again. As I understand, it does not say go work, but it says we are exempt from all other.

Let me know of your thoughts.



**********************************************
F1 married to USC October, 2004
Mailed the packet 485/130/765 to LockBox May 14, 2005
LockBox Received on May 18, 2005
Checks have been cahsed June/08/05
NOAs have been received June/13/05
Appointment has been scheduled for July/27/05
*************************************
Leave of Absence between June 15th, 2005 to UNKNOWN
EAD expiring June 14th, 2005
Taking a leave of absence until renewal EAD is received
 
Huska,

Definition of unauthorized alien.-As used in this section, the term "unauthorized alien" means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General.

This definition here is really tricky, especiall the (A) an alien lawfully admitted for permanent residence). Are we in those category is what the million dollar question is? Well one thing I can understand from this is, either it is talking about the people who enter the united states for that purpose (e.g K visa category) and start working without the work authorization or it is talking about those who have an approved case of AOS and dont have a work authorization.
 
Hi Just Married,

Can you check your status via USCIS's web site yet? I still cannot. Hey, did you get a possible early fingerprinting and biometrics appointment?

Hus
**********************************************
F1 married to USC October, 2004
Mailed the packet 485/130/765 to LockBox May 14, 2005
LockBox Received on May 18, 2005
Checks have been cahsed June/08/05
NOAs have been received June/13/05
Appointment has been scheduled for July/27/05
*************************************
Leave of Absence between June 15th, 2005 to UNKNOWN
EAD expiring June 14th, 2005
Taking a leave of absence until renewal EAD is received
 
Hi Huska,

Yes from today (06/21) onwards I am able to see the status of my application for I-485 and I-765, but not for I-130. This may be because I did the fingerprints today, and the Notices are scanned for entry into the system. To confirm this I checked the status online immediately after I returned home and I was able to see the status for these notices, just giving me the time it will take to process this documents.
For FP/Bio I just walked in to the center without appointment and the lady receptionist allowed me to do that. Just a luck day for me.
 
Hi Just Married,

I am so happy for you that you were able to get that done so quickly. Did you explain anything, did you tell them you had a scheduled appointment for later date already. I think I will go ahead and try my chance, too. Mine is scheduled for JULY 27th, and it is too far to wait for something so simple.

I guess you're right untill fingerprinting and biometrics is completed we'll not be able to see anything online, which I sittl cannot.

Wish me luck for my early walk-in for fingerprints...

Hus
**********************************************
F1 married to USC October, 2004
Mailed the packet 485/130/765 to LockBox May 14, 2005
LockBox Received on May 18, 2005
Checks have been cahsed June/08/05
NOAs have been received June/13/05
Appointment has been scheduled for July/27/05
*************************************
Leave of Absence between June 15th, 2005 to UNKNOWN
EAD expiring June 14th, 2005
Taking a leave of absence until renewal EAD is received
 
Huska,

I just went there early morning, but didnt go inside till the line was over. When I went I just gave her my receipt notices, she asked me if I had an appointment, I said No, She said "dont say you dont have an appointment, fill this form and wait for your number" Well it was just extreme luck.

Well good luck for the early walk in. I suggest you go everyday there if the center is close to your residence.

Hope everything works out for you.
 
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