July-Sept 2003 cases (Excel Attached) - READ ONLY

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I got my EAD few weeks back, but I did not send the DL copy. It is surprising that some people got RFE on that.

Thanks
- kb123
 
GC7

Hope you're right about that!

It's time that they processed all August cases as well.

Thanks for the update.
 
Originally posted by bocondo
Hi GC7,
Did you update the tracker? I could not see your info in tracker.
Thanks,

I was trying to update the spreadsheet but no luck. Can some one can update on behalf of me.

I140 - ND 06/25/03
I485/I131/I765 - ND 08/20/03
I765 - AD 11/18/03

Thanks
 
RFE AP

tiger2025 - I have an RFE on AP also. I don't know the content yet and won't know for a while since my HR doesn't believe in giving me prompt updates. I will be curious to know how your attorney responds to your RFE. Please keep us posted.

Details:
EB3-I140/485/EAD/AP
ND - 8/17/03
AD - EAD - 10/24/03
RFE - AP - 10/29/03
 
I wish I had an RFE

in the tracker I noticed just esrao has got his/her I-140 approved in the EB3 category.

Is there any other person who has filed for I-140 filed seperately got their I-140 approved or atleast got a RFE?

I appreciate this forum very much.


:(
 
my details

Hi guys,
I too have a RFE on 140. My particulars are:

MD: 07/31/2003 (concurrent filing of 140 and 485)
RD: Don't know
ND: 08/20/2003
RFE on 140: 10/27/2003
asking for educational evaluation, experience...thanx to my lawyer for messing up. My lawyer is very slow in replying. She got the educational evaluation done and now sitting on it. My EAD and AP are on hold because of the RFE.

Could someone update the details in the tracker.

Thanx,
Jay.
 
Re: RFE AP

For those who have received an RFE on your AP application. Don't worry. Here is what murthy.com website says:

Advance Parole RFEs Issued in Error

In late September and early November 2003, the Vermont Service Center (VSC) issued some incorrect Requests for Evidence (RFEs) concerning Applications for Advance Parole (I-131) filed in connection with pending I-485s or adjustment applications. The RFEs request proof that there are "emergent personal or bona fide business reasons" justifying the need to travel. While these standards were applied many years ago, they have long since been replaced with a far more lenient standard in employment-based cases. The current standard only requires a "bona fide business or personal reason." Almost anything, from a vacation to a business meeting, is sufficient.

The American Immigration Lawyers Association (AILA) has discussed the matter with the VSC, and reminded them of a 1992 Memo setting forth a clarification of the meaning of "bona fide business or personal reason." The Memo specifies that there is no need for emergent or extreme need to travel. “Travel for any reason that is not contrary to law or pubic policy" is permissible under advance parole, according to the Memo.

The VSC confirmed that the RFEs were issued in error. They do not have a way to locate the specific cases and retract the RFEs, however. A response is therefore required. The proper response for anyone in receipt of this type of RFE, according to the information we received, is to state something to the effect: “According to the Paul Virtue memo, dated August 15, 1997, and the James Puleo Memos of April 20, 1995 and July 06, 1992, a response to this RFE is no longer needed.”


Originally posted by bayou_desi
tiger2025 - I have an RFE on AP also. I don't know the content yet and won't know for a while since my HR doesn't believe in giving me prompt updates. I will be curious to know how your attorney responds to your RFE. Please keep us posted.

Details:
EB3-I140/485/EAD/AP
ND - 8/17/03
AD - EAD - 10/24/03
RFE - AP - 10/29/03
 
Q on EAD for Spouse

Hi all,

Had a question on EAD approvals for spouses.

I had applied concurrently for I140/I485/EAD on 08/22

I got my EAD card on 10/30. However my spouse hasnt got one yet.

My lawyer tells me that there is a new ruling, wherein EAD for the spouse will not be issued until the I-140 is approved.

Have u folks heard anything to this effect.

Thanks,

djGc007
 
How long to get the ead card?

hi!
I'm a new member to this thread.
Generally how long to get the EAD card after the EAD approval date or EAD mailing date?

Thanks in advance.
 
You can get EAD for anyone as along as they have submitted their 485 form , be it for yourself or your spouse . This is what I thought , if it is m ore than 90 days you can go to your local office to get one.


Please let me know if otherwise
Thanks
Rotny
 
hi rotny,

sorry you mistaken my question, let me put it in this way.
My ead process got approved and the message changed that BCIS mailed to me on 11/19. still I didnt get my card.
 
Hi djGc007

That's not true !!

We got both EAD and AP for me and my wife.

I-140 still pending !!

ND: 09/12/2003

EAD Approved: 10/30/2003
AP Approved: 11/05/2003

I appled concurent with EB2.

-BondGC
 
EAD Approved

As per the online status my EAD is approved

On November 21, 2003, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.

My H1-B expires in Dec first week.

Do I have to receive this EAD card before the H1 expiry date to continue working with the same employer?

Thanks for the info

Concurrent Filing. EB2 RIR. 140/480/EAD with ND 7/22/03.
RFE on 140 on company financials on 9/3/03 response received by UCIS on 10/31/03 (Fedex delivered to them on 10/8/03!)

140 approved on 11/17/03

EAD approved on 11/21/03
 
switch to EAD or keep using H1-B

Got my EAD two weeks ago. Do not know if I should switch
to EAD or keep using my H1-B. My H1-B (already renewed)
expires in Jan-2006.

Once I switched to EAD, is the unused portion
of my H1-B saved? Or this is only useful before the
H1-B renewal.

Thanks.
 
switch to EAD or keep using H1-B

Hi hope97

I found this info on net.

------------------------------------------------------------------------------------
Getting an EAD and using an EAD are two entirely different things. Using an EAD means working based on that EAD and that means when you join any company, signing I-9 form in which employment eligibility is based on EAD. The person can change from H1 status to EAD status by contacting their HR department and filling I-9 form again based on EAD.

Similarly, getting an AP and using an AP are two entirely different things. Using an AP means going out of US and showing AP to enter the US as a parolee instead of showing the visa to enter the US as a non-immigrant. As parolee can't work in US, he/she should get EAD before traveling on AP. Receiving AP is just addition of one more document in your file.

So just receiving EAD/AP does not change the non-immigrant status in any way and he/she is still on H or L status. Thus the person is either in EAD/AP status or in H/L status.

As long as the person maintains the H/L status(H/L status not expired and H1/L1 holders not working for any other employer other than sponsoring employer and H4/L2 holders not working at all), he/she can travel outside US and come back with out the need for advanced parole even after applying for adjustment of status. The person can enter using his/her non-expired H/L visa. The person needs to carry his/her "original" I-485 receipt otherwise serious delay at the airport may be caused. For valid H/L visa holders, there is no need to apply for EAD to continue working after coming back to US. This rule is effective July 1, 1999.

If you are not planning to travel, or work part time for another employer, then there is no reason to apply for an EAD. On the other hand, there is no harm in applying for advance parole and an EAD and there is no reason to try to maintain nonimmigrant status after filing for adjustment of status, unless of course 6 years limit on H/L visa is about to be reached and that the person has no option other than to work with EAD/AP. Please note that it is possible to get your H-1B visa approved for more than 6 years in some cases depending upon your employment based green card processing status. Please refer to the appropriate section on H-1B visa page to find out more how you can extend your H-1B visa for more than 6 years, either 1 year at a time or 3 years at a time.

If you opt for EAD/AP, Spouse(and children, if any) acquired after using AP can't join on H4. Can't resume H/L status after I-485 denial, if any. But you can work for more than one employer, and spouse can work. So it is up to you to decide whether to remain in non-immigrant status or to be in EAD/AP status.

In general, if the person is married, he/she may want to apply for EAD for both of them so that spouse can start working and he/she can also part-time work for other employer, if he/she wishes. If the person is single, he/she may want to maintain H/L status so that he/she can bring his/her spouse on H4 if he/she gets married before adjustment of status application is approved.

Some H-1B professionals use EAD(and terminate H1B) on purpose to save H-1B time so that if something happens with the current employer, they be able to pick up the remaining period of the 6-year H-1B limit through another H-1B approval with the new employer. But that H1 approval would be new H1B and not transfer of H1B and hence subject to annual H1B visa.
 
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