Major problem - I need help!!! :(
- Thread starter MountainDew
- Start date
MountainDew
Registered Users (C)
Ok....I dont care about that. The fact of the matter is that this section and that payment will only be needed if they ever find out. Anyways, thanks.
TheRealCanadian
Volunteer Moderator
Re: 245(k)
This is incorrect. 245i requires a $1000 penalty fee. 245k relief is free.
This is incorrect. 245i requires a $1000 penalty fee. 245k relief is free.
MountainDew
Registered Users (C)
There you go folks...I am in the clear. If at all anything happens, 245(k) will work out for me and I don't even have to pay anything.
Thank you all!
Thank you all!
MountainDew
Registered Users (C)
You didn't mislead me at all. You were only trying to help and I honestly appreciate it. I really hope that my posts here on this thread will help many people out there!
talongganisa
Registered Users (C)
hi govgc,
im in similar situation - EAD expires April 1. i have applied for 3rd EAD last February 9. obviously not in 90 day-period yet for interim EAD.
can you please share with us a sample of the letter? i will speak with our HR tomorrow to get this letter and plan to go to Denver INS office on March 30.
thank you.
im in similar situation - EAD expires April 1. i have applied for 3rd EAD last February 9. obviously not in 90 day-period yet for interim EAD.
can you please share with us a sample of the letter? i will speak with our HR tomorrow to get this letter and plan to go to Denver INS office on March 30.
thank you.
talongganisa,
I saw your posting over the weekend. Sorry I haven't got the letter from my employer. But climax for my case turned out to be like this! My company attorney asked me to continue to work with my approved H1B ext. which is valid until 03/2005! This H1B was applied by my previous company which was merged with my current company last year. Based on the succession of interest clause, the H1B is still valid! Interesting thing is that since I didn't have the stamp on my passport for this H1, I switched to EAD and I returned to US using AP and EAD too. My company Attorney says that there are diverge opinion regarding continuation of work on EAD.
Before approaching my office, I contacted my local congressman's office for expedited process. A person from Cong. office got hold of a rep from TSC. It seems she said that "it is upto the employer to agree the I-765 receipt notice for the continuation of work!" It implies that it looks like INS is not going to emphasize on this if it is applied already! I asked the secretary repeatedly to make sure that thats what USCIS says! She replied that I can give her contact details to my Employer for verification of the discussion! So this is another turn.
From all these, I think you can do,
1. Continue to work with your H1 if you have one.
2. Just keep quiet and continue![As mountaindew says you can invoke rule 245 if any problem arises!]
3. Get a letter from your employer stating that your company will incur loss if you are unemployed. Importantly,the letter should state that you will be terminated on the expiry of EAD since you don't have authorization from USCIS to work.
4. Contact your local congressman. But beware that this rep. is not an anti imm. person![This advice is suggested even by Mr.Rajiv Khanna]
I was going through lot of stress on this ordeal! The above mentioned suggestions are simply of my own. Please use your own judgement or a lawyer's opinion on this. Best of luck!
I saw your posting over the weekend. Sorry I haven't got the letter from my employer. But climax for my case turned out to be like this! My company attorney asked me to continue to work with my approved H1B ext. which is valid until 03/2005! This H1B was applied by my previous company which was merged with my current company last year. Based on the succession of interest clause, the H1B is still valid! Interesting thing is that since I didn't have the stamp on my passport for this H1, I switched to EAD and I returned to US using AP and EAD too. My company Attorney says that there are diverge opinion regarding continuation of work on EAD.
Before approaching my office, I contacted my local congressman's office for expedited process. A person from Cong. office got hold of a rep from TSC. It seems she said that "it is upto the employer to agree the I-765 receipt notice for the continuation of work!" It implies that it looks like INS is not going to emphasize on this if it is applied already! I asked the secretary repeatedly to make sure that thats what USCIS says! She replied that I can give her contact details to my Employer for verification of the discussion! So this is another turn.
From all these, I think you can do,
1. Continue to work with your H1 if you have one.
2. Just keep quiet and continue![As mountaindew says you can invoke rule 245 if any problem arises!]
3. Get a letter from your employer stating that your company will incur loss if you are unemployed. Importantly,the letter should state that you will be terminated on the expiry of EAD since you don't have authorization from USCIS to work.
4. Contact your local congressman. But beware that this rep. is not an anti imm. person![This advice is suggested even by Mr.Rajiv Khanna]
I was going through lot of stress on this ordeal! The above mentioned suggestions are simply of my own. Please use your own judgement or a lawyer's opinion on this. Best of luck!
MountainDew
Registered Users (C)
Guys.....take it easy....245 is in our favor...it's all ok...nothing is gonna happen.....the attorneys will take care of it all...it's working out in my case so far....I have done extensive research on this matter and based on that, I am telling you guys to keep quiet, definitely keep your attorney in the loop and continue working......if at all anything happens (and as per my attorney, nothing "generally" does!)....use 245.....
This is no expert legal advice and I am doing this as I already have another backup in place even if 245 doesn't work out for me...and that's my marriage-based GC which I will only start off if this one fails...which won't happen as per my attorney.....
Talk to your attorneys, they ought to know about 245...if they don't, tell them about it...and then see what they recommend....one thing is for sure, definitely keep the attorneys in the loop whether it is the right thing or the wrong thing.....they need to know it all...
This is no expert legal advice and I am doing this as I already have another backup in place even if 245 doesn't work out for me...and that's my marriage-based GC which I will only start off if this one fails...which won't happen as per my attorney.....
Talk to your attorneys, they ought to know about 245...if they don't, tell them about it...and then see what they recommend....one thing is for sure, definitely keep the attorneys in the loop whether it is the right thing or the wrong thing.....they need to know it all...
mountaindew,
I agree with you. As my company's attorney says, there are school of thoughts on this EAD waiting period crap. As I have mentioned, even TSC is not bothered much about it. But, our employer should be in loop. I think that is more important. Thats why we go back and forth on this issue. Employer will never listen to us. They only will agree on what lawyer says. We all know that the probability of USCIS noticing your work on expired EAD is very minimum. At the same time we have to be careful about the other side too.
The best thing would be to get a memo from USCIS on this to have a clear cut direction.
I agree with you. As my company's attorney says, there are school of thoughts on this EAD waiting period crap. As I have mentioned, even TSC is not bothered much about it. But, our employer should be in loop. I think that is more important. Thats why we go back and forth on this issue. Employer will never listen to us. They only will agree on what lawyer says. We all know that the probability of USCIS noticing your work on expired EAD is very minimum. At the same time we have to be careful about the other side too.
The best thing would be to get a memo from USCIS on this to have a clear cut direction.
MountainDew
Registered Users (C)
I agree....the employer also needs to be in the loop. The attorney and the employer do need to be in the loop.
Friends,
My EAD got approved yesterday! Whoooof! What a relief. My ND is 02/17.My current EAD expires on 04/02/2004[Just 2 days left!] It took just less than 45 days for TSC to approve my this 3rd EAD renewal! And more it was E-FILED! I must thank my local congressman's office to achieve this! A kind secretary who is looking Immigration issues got hold of the TSC liason, explained my situation that I don't have that 90 days for iEAD, and I believe that worked! Thanks To Rajiv for giving this advice to me.
In the mean time I learnt lots of stuff from this thread particularly from mountaindew's experience. After going throught the pain of this EAD expiry, I think we all have to alert our friends whoever is in adjudicating process for EAD renewal. Because, my employer failed to note my EAD expiry until I approached them for the employer letter to obtain iEAD at the local dist.office. I believe this is a most common syndrome with most of the employers and we have to save our own back!
Foot Note: My spouses's EAD is still not approved. I am the primary applicant. Her application fee was unprocessed. So, she got a pay advice from USCIS, DC to pay by check.
My EAD got approved yesterday! Whoooof! What a relief. My ND is 02/17.My current EAD expires on 04/02/2004[Just 2 days left!] It took just less than 45 days for TSC to approve my this 3rd EAD renewal! And more it was E-FILED! I must thank my local congressman's office to achieve this! A kind secretary who is looking Immigration issues got hold of the TSC liason, explained my situation that I don't have that 90 days for iEAD, and I believe that worked! Thanks To Rajiv for giving this advice to me.
In the mean time I learnt lots of stuff from this thread particularly from mountaindew's experience. After going throught the pain of this EAD expiry, I think we all have to alert our friends whoever is in adjudicating process for EAD renewal. Because, my employer failed to note my EAD expiry until I approached them for the employer letter to obtain iEAD at the local dist.office. I believe this is a most common syndrome with most of the employers and we have to save our own back!
Foot Note: My spouses's EAD is still not approved. I am the primary applicant. Her application fee was unprocessed. So, she got a pay advice from USCIS, DC to pay by check.
MountainDew
Registered Users (C)
I'm glad my posts here have been helpful for people!
MountainDew
Registered Users (C)
Folks,
I got my interim EAD from Newark, NJ yesterday. I had initially gone to the Cherry Hill office day before yesterday but as they are closed for renovations, they sent me to Newark. The card is valid for 8 months starting 04/13/2004 - 12/12/2004.
Anyone going ought to take their EAD application receipt, passport, a duplicate EAD application filled out and for safety sake, the I-140 approval receipt and I-485 pending receipt. They didn't look at my I-140 and/ or the I-485....they just saw my passport, took my duplicate application and EAD receipt and man.....you have to wait millions of years for them to finally give you your interim EAD...which looks crappy anyways!
Got to Newark office on broad street at 8am and was outside in line...eventually left the building at 4pm with the card in hand....
Davender
I got my interim EAD from Newark, NJ yesterday. I had initially gone to the Cherry Hill office day before yesterday but as they are closed for renovations, they sent me to Newark. The card is valid for 8 months starting 04/13/2004 - 12/12/2004.
Anyone going ought to take their EAD application receipt, passport, a duplicate EAD application filled out and for safety sake, the I-140 approval receipt and I-485 pending receipt. They didn't look at my I-140 and/ or the I-485....they just saw my passport, took my duplicate application and EAD receipt and man.....you have to wait millions of years for them to finally give you your interim EAD...which looks crappy anyways!
Got to Newark office on broad street at 8am and was outside in line...eventually left the building at 4pm with the card in hand....
Davender