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Guestbook Entry for Francis King , United States
Unbelivable: Interim EAD story
I want to share with you our unbelievable story how we got our interim EAD at Bloomington INS office in Minneapolis, MN
1. We have our EAD renewal pending at VSC since 9/18 and the current one is going to expire end of this month.
2. Our application for EAD renewal was delayed by major distractions, circumstances and poor planning.
3. We had no chance of getting the EAD renewal before the current one expires and we were in difficult situation of loosing the jobs if we dont hv EAD (it is a different story that I save it for another day).
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Officer stapled current EAD on new I-765 form
I-765 filed online 09/10/03 (Basis I485 filed on Sep'02 and approved I-140 on Dec'02) Went to BOSTON USCIS office on Dec 9th, 2003 (91st day)Current EAD expires on 12/10/03 (working on EAD)
Timeline:
6:00AM: Arrived and found there are around 20 people ahead of me.
7:00am: Entered building and told that I am there are EAD extension. I was asked for I-765 notice (it is exactly 91st day after filing)and asked me to fill a new I-765 form and got a "E" number.
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Experience about issuance of interim EAD at Dallas office
Wanted to share my experience about issuance of interim EAD at Dallas office. I had filed EB-2 NIW petition and I485/765 concurrently in June. Since I did not hear from USCIS, went to Dallas office on Nov 20 at 8 am; got our number ticket by 9am; hwent in and sat down. The nos dont really go in order, but we got called about 12.45; the officer just wanted receipt notices of I485 and I 765; she called TSC to confirm pendency of the applications and then came back and said she will issue 8 month interim EAD's for my wife and me.
Guestbook Entry for Suneeta Kumari, United States
Guestbook Entry for Sumit Sule , United States
We got our interim EAD's
There were approx 25 people in line ahead of us.
Doors opened at 7am. We got our interim EAD's by 10:40am.
All they looked at was the receipt notice and asked us to fill another I-765 form. We had taken a copy .
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Nearly everything about interim work permits are anecdotal
Nearly everything about interim work permits are anecdotal, and even the USCIS.gov information is vague, but I took my chances yesterday, November 17, 2003, and found out that it is true that one can have same-day processing for I-765 applications which have passed the 90 day waiting time---at least those which have been sent to California service center.
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Comments on e-filing for Interim EAD
got an interim EAD while I was waiting for my EAD to be processed. I filed it online hoping that it will be the same processing. The thing is that if you e-file online, you have to wait for the appoval of your application. In short, it won't do you good if you're in a hurry getting that permit. They give me a 90-day interim EAD because I have a pending I-485 application filed in the San Francisco District Office. I will suggest to go to the office instead of mailing or e-filing it.
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I went to San Jose (CA) office and got the interim EAD
I went to San Jose (CA) office and got the interim EAD. Following is my experience." I and my wife went to San Jose Office on 20th Nov 2003. This was actually 91st day from my recipt date of both I-485 and I-765. Reached there at 7 O clock and found around 50 people ahead of me in the line. Got in at around 8, got a token. I was called at 9. The officer asked me for the filled out application forms, receipt notices and then asked about my I-140. I told him that my I-140 along with my I-485 and I-765 is pending. He asked me for copy of my I-140 receipt notice.
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Visa Bulletin for July 2014
This bulletin summarizes the availability of immigrant numbers during July. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.
To view Visa Bulletin for July 2014 Click Here.
USCIS Issues New Guidance on EB-1 Eligibility Criteria for Individuals with Extraordinary Ability
U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to further clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.
This policy guidance:
USCIS Updates Guidance on the International Entrepreneur Rule
Release Date
10/10/2024
USCIS updated guidance on the International Entrepreneur Rule in the Policy Manual to clarify the required triennial increase in investment, revenue, and other thresholds, and to clarify how USCIS arranges biometrics appointments for certain applicants.
Visa Bulletin For November 2024
Number 95
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
USCIS Updates Policy Guidance Clarifying Expedite Requests
USCIS is updating guidance in the USCIS Policy Manual to clarify how USCIS considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedite request and explains how USCIS processes expedite requests.
Government Interests
Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
USCIS - Form G-1055, Fee Schedule Updated
USCIS recently updated the following form:
10/11/2024 12:02 PM EDT
Edition Date: 10/11/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
For more information, please visit the Forms Updates page.
PERM Processing Times (as of 10/15/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2023 |
Agency
Green Card
Immigration Law
EB-2 NIW I-140 portability for employer-sponsored cases
My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?
The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.
Concerns regarding nonpayment of wages and potential H-1B impact
I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?
If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:
- File a complaint with the U.S. Department of Labor's Wage and Hour Division.
- You can file online or by phone (search for "LCA complaint US Department of Labor").
- This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
- Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
- Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.
Maintaining LPR status (Green Card) during extended absences for employment
I have a family-based green card. For my job, I need to travel outside of the US for 150-160 days (3 days per week for the entire year). I am worried that I may lose my green card. What shall I do to retain my green card and still maintain this schedule of travel for my job?
To maintain your green card during extended absences:
- Brief trips under 6 months are generally fine.
- For longer absences Apply for a re-entry permit, allowing travel for up to 2 years.Consider filing Form N-470 to preserve continuous residence for naturalization.
- Avoid absences of 6 months or more; return within 6 months each time.
- Maintain strong ties to the U.S. (family, home, job) to demonstrate intent to reside permanently.
- If travels are work-related and you have significant U.S. ties, your green card status is less likely to be at risk.
- Absences of one year or more can lead to loss of green card status without proper documentation.
Rising NIW rejection rates: Examining changes in eligibility criteria
Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?
The USCIS is currently focusing on two main aspects when evaluating NIW petitions:
- National Importance of Your Work:
They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.
Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.
- Comparative Contribution:
USCIS is looking at how your work stands out from others in your field.
They want to see that your contribution is not just significant but also distinguishable from your peers' work.
These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.