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  • Ann Ruben
    02-11 09:30 PM
    Hi Euclid,

    In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.

    Ann


    Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?

    A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
    An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
    32
    1.
    A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
    replacement document to complete Form I-9.
    Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.





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  • LostInGCProcess
    01-08 12:54 PM
    LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.

    I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.

    Any comments......

    No. One can continue to work on H1 if its the same company.





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  • ram_ram
    10-01 09:43 AM
    The backlogs at DOLS's found a solution..PERM. Similarly premium processing was introduced for I-140's. I think now it's time to move the Departments and courts to find a more efficient Security/Name check process. If not USCIS will continue to loose tons of visa numbers every year. Though USCIS has 26 k cases that has the visa number available,
    many of them are struck with FBI. Any movements or actions?

    Successfully Challenging USCIS Delays in Federal Court
    On September 10, the Los Angeles Times featured an article about how FBI name checks have been slowing down the process of gaining immigration benefits for hundreds of thousands of applicants.
    The article revealed that "nearly 320,000 people were waiting for their name checks to be completed as of August 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years."

    The American Civil Liberties Union (ACLU) has filed a lawsuit in federal court regarding this issue. The Times article quotes an ACLU attorney who stated that "there is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd. People who have not been any sort of threat ... have been caught up in this dragnet."

    Applicants for adjustment of status, citizenship, extensions of stay and many other immigration benefits have taken days off work to visit USCIS offices only to be told that the USCIS can do nothing since the name check process is in the hands of the FBI.

    Nor do letters and meetings with Senators and Members of Congress yield results. They receive polite letters from the USCIS' Congressional Liaison Unit to the effect that "Sorry, but this is FBI's problem, not ours."

    DHS Secretary Chertoff announced that his Department is meeting with the FBI (which is part of the Department of Justice) to work out a more efficient system of processing these name checks, but so far, the number of people waiting for results from the FBI continues to grow and grow.

    The problem exists for applicants from a wide variety of countries and affects Christians, Moslems, Hindus, Sikhs, Jews, etc.

    Our solution is to sue both the USCIS and the FBI in Federal Court. Most Federal Judges are not reluctant to order the FBI and the USCIS to complete their name checks and application processing by a date certain.

    Many applicants have turned to litigation as the one and only method of solving the name check problem. The numbers of such lawsuits have increased from just 680 in 2005 to 2,650 in 2006 to over 4,100 this year. Although there is no guarantee of success, our law firm has yet to lose one of these cases in Federal Court.

    The Times article concludes with a quote from me:

    "There is only one thing that works, and that is suing them in federal court."

    We link to the Times article, "Caught in a Bureaucratic Black Hole" from


    http://www.truthout.org/docs_2006/091107P.shtml

    We also link to AILF's new practice advisory entitled "Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss" from

    http://shusterman.com/toc-dpt.html#A1





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  • Euclid
    02-12 10:07 AM
    Hi Ann,

    Thanks so much!


    Hi Euclid,

    In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.

    Ann


    Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?

    A The �receipt rule� is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
    An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
    32
    1.
    A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
    replacement document to complete Form I-9.
    Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.



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  • bipin
    03-18 01:33 PM
    Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?

    when I got the project and during the H1 transfer he cancelled my H1, When I called him, to keep himself from me complaining about those 5 months� pay he assured me to keep the I-140 for my H1 survival (Hopefully till I get another I-140).

    But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.

    Now I'm mad since I'm stranded, and if possible complain about him.

    I need HELP.

    You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.

    So tell me what is remaining beteween you and your ex-empoyer???
    So he cancelled your H1B and also your I-140 later.
    Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?





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  • skd
    07-08 10:51 PM
    nice job
    Nice



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  • sundevil
    06-23 04:08 PM
    This is not that straight forward either. Family reunification bills also linked family based immigration to this and very likely run into the same battle between pro-business and pro-family(more so of pro-any-immigration, legal or otherwise) legislators. I spoke to an official in Sen. Cornyn's office and they were of the opinion that he might not support that bill as a whole, while he has been very pro-business STEM bill architect and is ok with the recapture of unused EB visas.
    Also, at that time they did not have a plan to re-introduce STEM bill or any flavor of it.

    We have a huge mountain in front of us and will need a lot of work to get any of these bills to even make it to the floor for discussion let alone pass. Ultimately that is our challenge after CIR dies (or never wakes up) to make these piece meal bills a higher priority in a sea of high priority/publicized legislations.

    I take this as another posiitve.

    Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.

    Agree with u guys lets push for the family reunification bill.





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  • qualified_trash
    11-14 08:01 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain

    as it is clear from this post of yours, and reading your first post again, your LC conversion from regular LC to a RIR LC was rejected. does not mean your LC has been rejected and it definitely means that you do retain your PD.

    while it is certainly painful for you, it definitely is not as bad as our reaction to your first post made it out to be...... so hang in there!!



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  • paulinasmith
    08-10 09:05 PM
    I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.

    I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.


    I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:

    1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.

    2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.


    In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .


    Any suggestions/ advice appreciated.

    My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....





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  • andymajumder
    09-22 09:33 PM
    I applied in early August too but haven't received mine yet. I had delayed applying for my AP and current one expired last week, in the meantime it is possible that I may have to visit India since my dad has suddenly been hospitalized. Is there a way to get an Emergency AP?

    Many thanks



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  • starving_dog
    10-02 01:06 PM
    When I was H1-B, I never surrendered my I-94 and kept re-using my original. I crossed the border at least 25 times without any problem.





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  • return_to_india
    12-19 02:36 AM
    California unemployment quite high.
    I have my backup as India ( i will sell one of my land properties there and survive ,
    also no worry about medical costs - leading cause of bankrupt americans ), but what
    about the citizen here, where do they go to survive ?!



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  • kaisersose
    11-15 05:34 PM
    No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net

    "Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."

    Link: http://online.onetcenter.org/link/summary/15-1031.00

    Nope...this supervision is in the capacity of a senior engineer/technical resource. Once the word manager appears in the role it falls into the manager basket which I believe is is code 11.* It will probably never occur to the IO to consider job code 11 for a manager.

    Perhaps there are some bold risk-takers out there willing to take chances and claim to be in code 15 although they have manager profiles, but I am not one of them.





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  • scorpsdude
    07-15 04:33 PM
    Don't get scared if you forget to hand over I-94 . this one point given on US Custom & Border Protection website will give you some relief:
    -------------
    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your re-entry next time you come back to the United States.
    -------

    Here is the link to the full article. Hope this helps.

    https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=9VyH5fGh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NDcmcF9wcm9kcz0yMywzMiZwX2NhdHM9MCZwX3B 2PTIuMzImcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlY XJjaF9ubCZwX3BhZ2U9MQ**&p_li=&p_topview=1



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  • kaisersose
    04-16 02:29 PM
    Hi Gurus,

    I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
    No RFE/NOID received.

    Here is my case.

    PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

    I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

    After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

    Please let me know what options I have.


    Thanks
    GCWarrior

    If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.





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  • Michael chertoff
    04-07 07:33 PM
    Hmm. Another kela. Don't worry MC, your time will come.

    Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.



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  • nozerd
    01-17 01:55 PM
    Check website of consulate. I know Houston consulate webiste is

    www.cgihouston.org

    You will have to go to the one in your jurisdiction.





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  • nk2006
    10-16 03:56 PM
    Hi
    Therefore how much would be the time
    from after the application will I be able to change my status from H1B
    to permanent resident and recieve my greencard? Does the premium
    processing shorten the time?

    Kambi
    Kambi,
    First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.

    I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.

    IV core/pappu,
    You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.





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  • Alabaman
    09-05 12:03 PM
    For sure, things will be different after Nov Elections. However when it comes to immigration reforms or SKIL kind of bills, i think (i hate to say this) ambiguity still persists, no matter who controls the house
    Well, there is a slightly increased chance in case of Dems control the houses

    Do most of them (Congress) even know there is anything like the SKIL bill??





    Michigan123
    07-24 10:28 AM
    usabal has put LNU .
    Given Name in passport - ABC XYZ
    surname -

    All GC related document's name
    ABC XYZ ,LNU

    so bottom line is that Given name becomes first name and LNU relplaces surname (last name)

    I do not know if it is correct but this is the way they have filed for me.

    It is very interesting SSN has ABC XYZ
    485 has ABC XYZ,LNU (LNU,ABC XYZ)
    H1 has FNU ,ABC XYZ
    EAD has LNU,ABC XYZ

    -What a mess


    -Ali





    agpg
    08-08 01:15 PM
    Just had an infopass appointment.

    Me: Can you tell us the status of our 485s?
    I/O: Name checks are pending for both
    Me: Do you know when they were started?
    I/O: At the time your application was submitted (duh!)
    Me: Would our applications still be processed?
    I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
    Me: Are they assigned to an officer?
    I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
    Me: When do our fingerprints expire?
    I/O: blank

    I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.

    Which area's infopass center is this? Was the officer friendly?



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