***** Horrible BCIS *****

Bureaucratic quagmire - by design

Looking at the recent experiences that folks on this forum have been having, it almost seems that the BCIS has been instructed to let the applicants rot in the bureaucratic quagmire till either people run out of steam and return to their native countries, or till they lose their jobs and are forced to return for lack of evidence to support any RFE. My 2-conspiracy theory-cents.
 
Desi Vs 'Regular'

I had a similar experience - my current H1 expires in 02 2004. The only way I could get my company to agree to process an extension was by using the 'm' word (marraige to a foreign national :D ), since I have my EAD/AP (I 140 not yet approved).

However, I'm not so sure that it's the company's HR which creates these stupid policies in a vacuum - they get 'professional' advice from the immigration attorneys (big name, nationwide law firm), which I'm sure charge them an arm and a leg for this ridiculous advice. And because we are so 'big', there are no 'individual exceptions' to any rules/policies. You are treated the same as any 'regular' American employee - no one is treated any differently as the system does not let them treat anybody special (personal situation/immigration status, etc) -Discrimination?

BTW, I don't have to spend a single penny on anything - but I would gladly spend a significant amount to get this whole thing behind me by paying for my own legal eagle and thus having more control. I guess the grass is always greener on the other side...

K
 
to dsatish

Hi dsatish,

Go to the same office next week with the EAD receipt and talk to the supervisor for interim EAD, you'll never know. If I were you I would make another visit and request. Things can work out.

Good luck.

HTH
3DM
 
Originally posted by dsatish
I have already decided that as the back up plan. All these problems are because my typical desi consulting company refused to file my H1 extension saying that i already have EAD. They asked me to pay $1500 if i still want to file the extention. That was a big money for me and i never imagined this type of problems with EAD. I am still hoping that my EAD will be approved before 19th.
Click to expand...

As for as charges are concerned attorneys charge will be like $1100 and $ 130 is the fees for H1. That is the fees they are asking. Now a days after market crash many companies are doing this. One of my friend was in similar situation. He did not had job for 7 months. I tried do his H1. His company was ready to provide the letters and documents. But I did not feel comfortable. His case was too risky as he did not had pay slips and Not in GC process. If H1 screws up he has the leave the country. So he hired some attorney who charges less.


But in your case you can take risk. Ask H1 extension. Since you do not have the pay slips Vermont service center will deny that. But until then you can work on pending H1. You can apply on your own. Try to get papers from your employer
 
So Switching over from H1b -> EAD and back from EAD-> H1B is OK?

Will this create any problem to our GC process?
 
Originally posted by Bakra
So Switching over from H1b -> EAD and back from EAD-> H1B is OK?

Will this create any problem to our GC process?
Click to expand...

This is the information I found in my attorney's site :

An H1B nonimmigrant has the option of applying for an EAD. However, if the person then uses the EAD to work for another employer, s/he will not be maintaining the H1B status. Just having, but not using, an EAD does not void the H1B.

So I guess, if you're working for the same employer, this above comdition may not apply. Best solution, check with your attorney, because it looks like BCIS has many gray areas in this matter
 
Thanks Raj Chandra..
I will ask my lawyer if from EAD to H1B is possible.

Anyway praying god before my H1B expiration , I would get my GC.
 
dsatish,

Last year I got IEAD from Norfolk office. First I went to the Arlington office at 90 days. The officer didn't give IEAD and then next week I went to the Norfolk office and they issued IEAD in the same day. It's all depend on the officer. You can try to get it from Arlington office or you can visit again to the Norfolk office before your expiry date.

fikabir
 
EAD to H1B within the country is not possible. You need to maintain H1B status. H1B can co-exist with pending AOS as long as you maintain it as if you do not have pending AOS. If your H1 is expired and you are working on EAD, after six months you cannot come back on H1 unless you go out of country get new H1 stamped.

If you apply for H1 transfer, USICS is going to reject that. Until rejection you can work on Pending H1. This is the gray area. That is what i was suggesting anticipating EAD would be approved before H1 rejection. So he can start using EAD again before rejection. That was my idea.

Please comment
 
I am agree with you.
BTW I think that H1B would be considered as new H1B (again 6 years limit).

Better not involve myself in this complicated Rules and Regulations. Thanks
 
BTW I think that H1B would be considered as new H1B (again 6 years limit).
Click to expand...

A person cannot stay more than 6 years no matter how many H1B they may have or whether H1B is a transfer or new.

If the person has filed for 7 years extension , the person can stay 7 years as per the new rules.
 
If your H-1 is not an initial H, the premium processing is likely not necessary as H-1s are given an automatic extension of 240 days employment authorization (approximately 8 months) after the date of expiration of authorized stay when a timely extension is filed. If after six months, the H-1 extension is not adjudicated, a request for premium processing should be quickly considered, and filed. The six month suggested time is recommended to allow time to respond in the event of an RFE, which may be issued even to H-1 aliens who have been previously approved for
H-1B status.

Dsatish...if your H1 is recenlty expired the automatic 240 days extention may apply to you.

thanks
Sg
 
dsatish/ All My EAD renewal got approved

Hi dsatish/ All,
I am pleased to tell you all that my EAd applied online on Aug, 20th exactly 3 months before expiry of current one got apprved on Nov 5th. I was kinda worried because the people who directly applied in VSC they were getting approved with in 2 months or so I think. I was scholding myself that why I have done that online thing, it went to MSC(missouri Service Center). O well Thanks God mine got approved finally.
THings I sent after I filled the application online:

1) copy of I-140, 485(reciept), my bio pages of passport), AP which I used when I was coming from Canada this August, Old EAD cards both sides copies.
2) mailed it the very next day when I had the Service center appointment for my finger pront and photo session.
so it took from Aug 20th -- Nov 5th. Hopefully I will get the cards soon in the mail.
3) Lesson learn that apply your EAD renewal atleast 6 months in advance to avoid any mishaps. Good Luck to all
Thanks :)
 
I would like to add that the staff (officers) ar Norfolk service center, are very indifferent to our problems. They seem to be more concerned about zero tolerance issue. They did not care about our situation or what we are saying. This indifference is really worrisome for all those who gets into problems due to BCIS delays. I guess all the BCIS staff are like that. They are like state government employees in India.
I am trying to contact my congress man (Eric Cantor, seventh district, VA). Does any one know what type of person he is ?
If i get an appointment, i will also submit our petition to him.
 
Desi consulting vs Gora company

I saw some discussion about desi (indian) consulting firms versus American companies. As every one knows, if you want to play safe and GC is your main criteria, then the conventional wisdom pushes us towards these desi companies. They squeeze you very bad financially, but you are almost assured of GC. I took this painful path because i have always been a long term strategist by nature. It affected my financial resources very badly. Though i have been in projects for 43 out of last 48 months (total bench time is 5 months in last 4 yrs), i have never seen $10,000 in my bank account. I have not sent any money to India also. Working for around 50K for the past 4 to 5 yrs with a family, and a car loan, left my pockets dry. I see many of my friends who took a risk and joined the clients and they are all now in I485 stage and made a lot of money (with salaries of 75k+ ). Some of them purchased own houses too. My last two clients offered me full time job (salary 75K), but i didn't join. In the final analysis, there is no clear cut answer to the question of whether we should go for permanent job or stick with desi consulting firms. Life has different answers for different people.
 
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