Sad story

T

thota

Registered Users (C)
Dear Friends,

I want let all of you know sometimes this can happen. My I-140 Notice date Feb 5, 2004. I and my wife I-485, I-765 and I-131 notice date March 5, 2004. My employer received I-140 RFE on March 15, 2004. Till then my case is on HOLD status. I did receive finger print notice.

First fingerprint is done on June 7, 2004. On june 15, 2004 finger print results received message updated on USCIS portpolio.

After completion of 90 days I went to USCIS local office to ask for Interim EAD. One officer told me to come after I-140 RFE submit to the USCIS. on June 14, 2004 I visited again to the local office (my employer submitted the I-140 RFE on June 5, 2004). My Employer replied I-140 RFE. USCIS received on June 8, 2004. It is updated on my profile on June 9, 2004.This time same officer told me to contact Nebraska Service Center. Because it on HOLD status he can't help me.

On June 14, 2004 I called USCIS and they took all the details and they said I'll hear from them within 30 days. on June 25, 2004 I received a letter from USCIS saying my case is on hold waiting for approval of I-140!!!. Can someone tell me Is my case is belong to new rule. My attorney said new rule effect from March 29, 2004 since my application RD is March 5, 2004 it will not come under new rule.

My wife is doctor. After she struggled to pass USMLE exams she can't be happy because we did not get EAD. She got her residency and hospital management told her in 15 days if we did not get EAD she will lose her residency job. Could somebody tell me how to proceed.

Thanks
 
Sorry, But

Did your wife Clear step-3 ? If so Does her employer sponsor for h1 ?
If she did not clear step-3 does her employer sponsor for j1 ?

I am sorry, but it is tougher to deal on INS' side. You can contact a senator or a congressman and see if they can help in anyway. What is the new rule you are talking about ? Is it the Ohata memo ???

Which hospital is it . For most of the hospitals the orientation should have already started right ??
 
Plead your case with hosp. managment.

Ask your wife to explain to the hosp. managment,that she will be getting her EAD very soon.Ask her to tell that,"she did not have/had the intention to lie,and the EAD process was not in her hands and USCIS's."Anyway which hosp. is this,and in which state??
 
The hospital Management doesn't sponsor H1. They sponsor only j1. We are trying to convince them. They given time till July 15.
Thanks for your input
 
I-140 is the key

If your I-140 is approved then you should get your work permit. But if they are treating your case under the new Ohata memo then the chances are that your I-140 will be adjuducated along with I-485. In such case, I am not sure if BCIS gives EAD... But any thing is possible with them.
I have not seen any one recently receive EADs (Who filed 140 and 485 concurrently and whose cases are processed under the Oahata memo). Please check the forum to see if any one received any approvals for EADs. Which service center do you go through ? If it is Vermont then you should expect your GC soon.
If BCIS is not giving EADs under new Ohata memo then it is better to try alternatives than convincing the hospital to wait. If you do not get EAD in the promised time, it will be embarassing.

All I can say is - "Best of Luck".....
 
Actually you don't need to have your I-140 approved to get an EAD. As long as the I-485 is pending you can get an EAD. I don't understand why they didn't give you an interim EAD. Hopefully by July 15th it will work itself out. I was in a situation like that where my previous EAD expired and I got a new job and my new one didn't come, but somehow the EAD came through 3 days before I was supposed to start. So yah, good luck.
 
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