Urgent!!

E

eb2007

Registered Users (C)
Hi Friends,
I am waiting for decision on my EB1-OR petition. Recently, I submitted I-765 form (EAD renewal) with supporting documents but my application was mailed back to me by USCIS. The reason stated is that I have used the old form (Expires 08/31/08) and I shall resubmit the application with the new form. But the problem is that USCIS website has no updated form and this is the only I-765 form (Expires 08/31/08) they have it on their website??
What shall I do now?? If I don't apply sooner then my employment could be in trouble considering delays in EAD processing. I tried to e-file also that at some point prompts for filing fee but I am exempted from filing fee as my I485 was filed in Oct 2007 (new filing fees).
Friends please help.....
 
The latest version of the form indeed does have an expiration date that has passed, but what is important is that the edition of the form be 5/27/08 N. Notice the "N" at the end of the date, which you will find on the bottom right of the form. You may have used a previous edition without the N.
 
Thanks jk0274! But I used the form with expiration date of 08/31/08, which is latest than the one with 5/27/08 expiry. I don't know which form to be used now.
Is anyone experienced same situation?
 
eb2007 said:
Thanks jk0274! But I used the form with expiration date of 08/31/08, which is latest than the one with 5/27/08 expiry. I don't know which form to be used now.
Is anyone experienced same situation?
Click to expand...

no, the form I was referring to has the 5/27/08 N date on the bottom right, and it has an Expiration date (top right) of 8/31/08. The 5/27/08 N is the release date, Not the expiration. Make sure this was the form you used.
 
Last edited by a moderator:
JK is absolutely right - That is the edition that you have to use. Although it is still expired. As Shankyy pointed out it may not be bad to call them for a form anyways. But mail yours in. Finally if you are concerned file I-765 electronically and submit supporting documents by mail. Since you do not pay for this you can do it electronically and see what happens. of course the disadvantage is they might lose your supporting documents. http://www.uscis.gov/portal/site/us...nnel=9059d9808bcbd010VgnVCM100000d1f1d6a1RCRD
 
JK CONGRATULATIONS

i did not know that your I-485 was approved 10 days ago - CONGRATULATIONS. You have been a great help to me and numerous others in this forum. This forum works because of collective knowledge.
 
Thank you very much, it was quite a relief although I'm still in shock for not getting an RFE, since all other NSC applicants I saw got an RFE at one of the two stages. Like you, I was worried because I wasn't given a PPD test because of a prior positive record, and I don't know what the doctor wrote on the form. But it passed!! So perhaps you will too! Looking forward to hearing your good news really soon...
 
Thanks a lot jk0274 and nightsman!! I think you are absolutely right as I checked and found that I used the form with 04/08/08 N given on bottom RHS.....I will now use the different form and will submit it soon...
Thanks
 
That is great JK. I am glad you did not receive any RFE. So you remember that they would not administer a PPD test to me even on my insistence. I hope, I get through like you as well.
 
Urgent!!! Please advise

hi,

I just got an I-140 denial on EB2 from Nebraska center Oct 02, 08 stating my employer's inability to pay. The following is my case details:

- LC approved Oct, 07
- I-140/I-485 submitted Dec, 07
- EAD/AP approved April, 08
- REF Aug 5, 08
- REF responded on Sep 15, 08
- I-140 denied Oct 2, 08
- I-485 pending.

I am very worried right now because I have no underlying visa (I was on F-1 visa and got employment, so I have been working on EAD since April 08 till now). Am I out of status? Should I file an MTR to USCIS with my current company attorney. My employer have been paying me the proffered wage of $82k by broken down to 52 weeks and thus i get a bi-weekly paycheck of 3,154.42 . However, the officer stating that the company has been underpaying me. He divided the 82k to 12 months and then divided to 2 to come up with a bi-weekly amount of 3,417.29. That was an error in the calculation of the USCIS which I can argue.

About the company's financial status. It filed negative net income and net current asset in two year 2006 & 2007. However, we did submitted bank verification letters of more than my proffered wage for each year. They still denied it. I don't know what to do. Can anyone advise me please????

Thanks a million!!!
 
I will suggest you to start a new thread with your issue. I think in your situation it is definitely worthy to file a MTR...
Good luck
 
I think you should consult a great attorney with good credentials. MTR is absolutely necessary as I believe you are out of status and in violation as of now.
 
thanks guys,

congrad on yout GC Nightsman!. my company agreed to file an MTR with the company's attorney. However, do you have any ideas on how to prove the ability to pay?....my company has been paying me the proffered wage ever since...should we submit the cash balance for this year of 2006 & 2007? or any kind of papers might help?
 
according to USCIS they used 48 weeks year.

4 week a month for 12 month leads to 48 weeks instead of 52 weeks.
this issue was earlier discussed in some thread. I did not remember. bi weekly according to USCIS will be considered two payment per month.
how do you get your pay? if it is every two weeks or twice a month?.

how do you get paid for the 5 week month? does it carry over to the next month? or the clock resets on every month?.

these are the things to be clarified with USCIS. If in deed you only get two payment every month then USCIS is correct you are under paid.

just file MTR with this point stressed.
 
many employers, including my my previous one (a state univ), pay biweekly. That means we get paid every other week on teh SAME weekday. For example, I got paid every other Wednesday. There is no resetting etc.

This means it has 26 pay periods (biweekly or every two weeks) and NOT 24 (twice a month). This is often confused. This has to be clearly explained to USCIS.
 
You are right, Nightsman. I am getting paid every two weeks on the same weekday, that means 26 pay periods per calendar year. The USCIS confused about this so we can straighten this out in the MTR.

However, I am confused about the financial papers. We submitted negative 2006 & 2007 tax returns so even with strong bank verification letters....they still denied the I-140. Any suggestions on the papers needed to submit to the USCIS to prove ability to pay? thanks a bunch
 
why did they deny I-140 based on that? I didnt think I-140 needed all those paperwork. In fact, I did not even submit them for I-485. why do you have a negative tax return (I mean you did get paid by the company right)?.

The way to deal is to show the paychecks (26 * 2 years = 52 stubs). Dont bother submitting copies of Tax returns.
 
You must log in or register to reply here.
Top