I filed the application form for EAD with the help of our lawyer in the Atlanta office on January 8, 2004. Two months later we got the Notice of Action from Missouri office with two dates - Received Date: January 8, 2004 and Notice Date: March 8, 2004, which was a little bit confusing.
My EAD renewal (at VSC) had been pending for more than 110 days, so I decided to go to the CIS office in Bloomington, MN to get an interim EAD.On Jan 22, 04 the temperature was -10F with the windchill of -30F. I arrived at the CIS office at 7.25 AM. The office was already open. Inside, there were already 50 or so people in the line. The security officer gave me a ticket. After waiting in the line for an hour, I finally reached the security gate and went to the waiting room. It was 8.40 AM.
I got my Interim EAD card based on OPT.
I went to the Bloomington USCIS office (MN) around 4:20 am on Jan 7, 2004. As the weather was cold there were not many people. Somebody made a list and I was the fiteenth person.
Around 6 a.m, we made a line based on the list.
The office opened at 6:30 am.
The officer there started work at 7am. She asked me the reason why I was there and gave me a ticket. I got a ticket and went to another office.
I would like to take this opportunity to express my sincerest appreciation for the great job done by this law firm in getting my LC approved in record time. My LC was filed at the Florida SESA on August 2nd, 2000 and approved from Atlanta DOL on 18th September. The entire process took only 1.5 months, which is incredible considering that Labor is taking around 4-5 months in that region. This has been made possible mainly due to the expertise and professionalism of the staff of this law firm, particularly Rajiv Khanna, Suman Bhasin, Richa Narang and Vijay Durgav (among others). I am grateful to them for a job well done and will recommend their services to anybody about to start the journey. On to I-140!!!!!
Philadelphia district office EAD Interview scheduled 2.5 months after filing the marriage-based I485 package. People visiting for appointments need not wait in the line. The interview process is only taking a photo, leaving the finger print. the EAD card was printed out right away. The whole process took about 20 minutes, excluding waiting time in the waiting room.
I would like to first thank you for all your support and help to the
community with their immigration matters.
Here is our ( unpleasant experience ) getting my wife's Interim EAD (we applied Sept 23, 03 ) at San Francisco USCIS.
January 09 2004
8:50 am Got to the USCIS office.
I went at 10.15 am with I-140,I-765 and I-485 receipt, they gave me a token and new I-765 application to be filled up and called me at 2.15 pm. They checked the above documents, Passport and took my photo and gave me EAD instantly.There is no need to take separate photos and go.
Just wanted to share me and my wife's experience in at the Memphis Sub-Office on January 5, 2004. The Memphis office is severely backlogged currently in regards to AOS and EAD applications. We filed the I-765 for my wife on September 10th and hadn't heard anything. After corresponding with our congressional representative, we were told to travel to Memphis (a 350 mile trip) on any Monday to receive an interim EAD. We traveled to Memphis on Sunday to be ready first thing in the morning. Sunday night we decided to check out the office and went to the front door.
I had filed for my EAD renewal 3 months before the expiry date (September 16th). While my EAD was approved a little before 90 days, my wife's EAD was not renewed. They requested additional evidence (marraige certificate and I140 approval notice). After USCIS received the evidence and the USCIS website was updated, we went to Memphis on friday, January 2nd, 2004 (the day of the week when interim EADs are issued in Memphis) hoping that they would issue an interim EAD (since it was more than 90 days after the original receipt notice).
One of our community members had asked a questing regarding the processing dates of 485.
In a pending AOS (I-485), unless your PD is current, USCIS will not touch your application. Only when the PD becomes current, they start processing applications ROUGHLY in the order received.
For recent updates on PERM processing please click here.
http://www.immigration.com/processing-times-and-status-checks
One of our clients (I think I have worked with these folks for over a decade) had these questions:
Quote: A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?
Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf
Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.
Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.
Some of our employees' Green cards
have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.
Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?
Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.
1. Hi Rajiv I have a few questions about starting business in partnership.
I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD.
I will be the one who will be investing in this business but I won't be employed with that business.
- Is this legal ?
2. Can you be a passive investor on H-1?
1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.
You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.
For past 7 years I work for company ‘A’ on their H1B visa (EB3). I had a I-140 cleared in 1998 from my previous company ‘B’ under EB2. Company ‘B’ filed for my I-485 in 2004 and I finally got my green card.
Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.
The attached document explains the criteria.
1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.
Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.
1. I am contemplating switching from H-1B status (in Year 4) to an L2 status (wife holds L1B status) and then applying for EAD. After I receive the EAD (receipt of application sufficient for starting work?), (1) am I allowed to hold on to my current H-1B status or does it automatically lapse upon conversion to L2?
2. Can I hold a CAP-EXEMPT H-1B with an academic institution/ think-tank etc CONCURRENTLY with the L2, (3) work as an independent contractor (1099)?
3. Does EAD allow one to be do multiple things as a free-lance professional?
1. Ans. It lapses upon change of status from the date the status is changed.
2. Ans. You cannot have H-1 and L-2 status at the same time. But on the L-2 EAD you can do both jobs.
3. Ans. Yes.
1. Are we OK in keeping an H1B worker without work as long as we pay him during the project break too - at the LCA wage level.
Ans. You must pay your H-1 workers the legal wage. This is the higher of the prevailing wage or the actual wage. Actual wage is defined as that which you pay other similar employees in the same geographical location. So, as long as you pay the legal wage, there is no problem.
When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.
USCIS has stated:
I have attained Canadian Citizenship but a born Indian citizen, when I am applying for 485 which priority dates do I need to consider, General or India. I do not have Indian passport.
Still, India. Your chargeability follows the place of birth, not your citizenship.
I am sharing with you a response to a frequently asked question about adopting a child from India. Our inquirer also wanted to know if she could adopt her niece. Here is the info:
The following pointers have emerged from recent cases and comments from USCIS:
1. Make sure you document the citation records (to show how many hits the journal gets), impact factor and circulation figures of the journals in which your publications appear.
2. (This we already knew) Recommendations from people who know you personally carry less weight than from those who know you by reputation.
3. Emphasize/document the "international" nature of your accomplishments.
I got my Immigrant Visa thru Consular Processing on August 2000. Law Offices of Rajiv Khanna helped me through the process. His staff were generally helpful and knowledgeable. Among other things one I most appreciated was the fact Rajiv made time to reply every e-mail queries I sent and return every phone messages I left. That was re-assuring during various stages of the process. I will certainly refer them to anyone who wants immigration/non-immigration services.