enthu999
04-14 07:03 PM
Sorry to hear this. Regarding medical insurance, your company has to offer you COBRA..you will end up paying almost twice the premium that you have been paying so far, but it would still be better than you footing the delivery charges (10k - 25K). Continue CORBA atleast till the deliver and post-partum - for as long as possible..
Terminating you in your ninth month pregnancy is probably against the law, i think if you can prove it, you might be able to sue your employer, check your local state laws..
Good luck..!
Hi
When adding my wife to my medical coverage provided by my employer, my wife was pregnent, I did a bit of reading up, most of the group insurance policies offered by employers does not consider pregnancy as pre-exisitng condition. That is the major benefit of group insurance policies. If your husband is working in the west, Kaiser
is the way to go!
As mentioned in the above post, employer should offer CORBA, which can be your backup.
Always remember that tough times will always pass!! just hang in there!
All the best!
Terminating you in your ninth month pregnancy is probably against the law, i think if you can prove it, you might be able to sue your employer, check your local state laws..
Good luck..!
Hi
When adding my wife to my medical coverage provided by my employer, my wife was pregnent, I did a bit of reading up, most of the group insurance policies offered by employers does not consider pregnancy as pre-exisitng condition. That is the major benefit of group insurance policies. If your husband is working in the west, Kaiser
is the way to go!
As mentioned in the above post, employer should offer CORBA, which can be your backup.
Always remember that tough times will always pass!! just hang in there!
All the best!
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Desertfox
01-14 12:47 PM
The Employment Based Immigration section explains how they will make a task force to prevent illegal workers from being exploited. I don't see anything for legal EB workers other than this 5 year thing which will start counting after this law is passed. :mad:
ars01
06-25 04:29 PM
I don't know if this question has been asked before. Is there a benefit for filing AP by paper rather then electronically. I filed EAD by paper to TCS and got the "Card Production Ordered" email yesterday (in 14 days) for myself and my wife. My friends who efiled just received finger printing appointment notification and no receipts. Is there same benefit with AP? Please calrify.
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Norristown
11-29 07:15 PM
I have a different situation.
My EAD was sent back to USCIS beacuse they forgot to include apt#.
I called USCIS and they rectified the error told me that they will resend it again.
I have got the I765 receipt but not EAD card.
I called them again, they sent me letter saying that they will consider this case as lost in mail beacuse they did not get the returned EAD from poast office.
USCIS sent me a letter asking me to apply again.
DO I need to pay fee for that? It was mistake from USCIS side they have address wrong!
Does any body know what to do?
My EAD was sent back to USCIS beacuse they forgot to include apt#.
I called USCIS and they rectified the error told me that they will resend it again.
I have got the I765 receipt but not EAD card.
I called them again, they sent me letter saying that they will consider this case as lost in mail beacuse they did not get the returned EAD from poast office.
USCIS sent me a letter asking me to apply again.
DO I need to pay fee for that? It was mistake from USCIS side they have address wrong!
Does any body know what to do?
more...
div_bell_2003
01-15 08:38 PM
How's AC21 involved in this scenario ???? :confused:
swo
09-16 05:32 PM
I think Wah Wah is confused by the differences between 'retrogression' and 'backlog'. Of course, you are right that the PDs are not likely to go much further back (I think USCIS took a conservative approach after July - note they are still issuing visas to those with non-current PDs but are using the bulletin to limit incoming new filings). However, if 20 million applied in July the coming backlogs would be horrendous, even though priority dates would not necessarily need to go back further.
However, in a sense, if the backlog is perpetual, and let's say the PD never really moves forward by more than, for example, one month, in the next 10 years (I'm picking extremes to make my point) then the effective retrogression at that point would be greater than say todays.
Phew. Anyway, I think that's what he was on about!
:)
You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?
Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?
Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.
Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.
So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?
However, in a sense, if the backlog is perpetual, and let's say the PD never really moves forward by more than, for example, one month, in the next 10 years (I'm picking extremes to make my point) then the effective retrogression at that point would be greater than say todays.
Phew. Anyway, I think that's what he was on about!
:)
You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?
Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?
Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.
Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.
So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?
more...
uniqueuser
05-02 01:01 PM
I'm sorry for posting my question here. I know its not a right thread for my posting but I don't find any link for new thread.
I'm a July 2007, I-485 filer with PD dec 2004 EB3. I have been working as sr.project engineer for the past 4 years with an MI based company. At present my company is not doing good business started downsizing. i don't know when I'll be victimized. So, I have started searching for new jobs vigorously and got an offer for Designer position ( Permanent position with all benefits) with slight increase of pay. I don't have to use my EAD as employer is willing to transfer my H1B which is valid till 2010. Friends my question is -
There is a degrade in position, Does it effect my Gc process? I know, no one will be in this type of situation. my heart bleeds to accept the lower level position but, the fear of going out of job with wife and two kids is forcing me to accept the offer... If it doesn't effect my GC process..
I'm a July 2007, I-485 filer with PD dec 2004 EB3. I have been working as sr.project engineer for the past 4 years with an MI based company. At present my company is not doing good business started downsizing. i don't know when I'll be victimized. So, I have started searching for new jobs vigorously and got an offer for Designer position ( Permanent position with all benefits) with slight increase of pay. I don't have to use my EAD as employer is willing to transfer my H1B which is valid till 2010. Friends my question is -
There is a degrade in position, Does it effect my Gc process? I know, no one will be in this type of situation. my heart bleeds to accept the lower level position but, the fear of going out of job with wife and two kids is forcing me to accept the offer... If it doesn't effect my GC process..
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lazycis
08-15 02:06 PM
The USCIS is required by regulations to issue a temporary EAD if they cannot process extension in 90 days. They, however, do not issue temporary EAD anymore in violation of the regulations. So if more than 90 days passed and you are still waiting, take an infopass and request IO to call service center where EAD is pending and request to follow procedures outlined in the USCIS memo
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
(print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.
Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
• CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
o Form I-765 remains unadjudicated
o Biometrics have been captured—if not, refer to ASC
• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
• Provide Notice to applicant acknowledging status inquiry.
Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
(print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.
Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
• CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
o Form I-765 remains unadjudicated
o Biometrics have been captured—if not, refer to ASC
• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
• Provide Notice to applicant acknowledging status inquiry.
Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.
more...
mariusp
11-01 08:40 PM
I just renewed mine today (FL). It was the regular drill: passport, i-94, social security card (optional) and that's it. My new DL will be in the mail in 30 days. In the meanwhile, they gave me a paper one.
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desi3933
06-30 02:05 PM
To so called "freedom figher"
Court cases are filed with legal basis. Not on emotional outburst.
I suggest that you spend your $100 to get an advice from lawyer on your "points" including the meaning for "We the People".
.
Thanks for red, guys.
You are not even ready to take advice from an attorney for your "great" idea, and somehow believes that lawsuit is an easy game.
Have you have been to courthouse? Been a part of civil lawsuit? I have and I had guts to be pro-se (http://en.wikipedia.org/wiki/Per_pro).
Have a good day!
Court cases are filed with legal basis. Not on emotional outburst.
I suggest that you spend your $100 to get an advice from lawyer on your "points" including the meaning for "We the People".
.
Thanks for red, guys.
You are not even ready to take advice from an attorney for your "great" idea, and somehow believes that lawsuit is an easy game.
Have you have been to courthouse? Been a part of civil lawsuit? I have and I had guts to be pro-se (http://en.wikipedia.org/wiki/Per_pro).
Have a good day!
more...
sammyb
12-16 04:39 PM
Hello there,
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
I feel bad about your health ... get well soon :) ...
And yes nothing come free in life and not even your GC even if your company pays for it ... by the way my company also pays all GC related expenses but still I am with IV ... just filing the application is not enough to get to GC ... in present situation we need a very strong advocacy group and IV is our only means ....
Hope you will soon realize the truth about your GC dream ....
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
I feel bad about your health ... get well soon :) ...
And yes nothing come free in life and not even your GC even if your company pays for it ... by the way my company also pays all GC related expenses but still I am with IV ... just filing the application is not enough to get to GC ... in present situation we need a very strong advocacy group and IV is our only means ....
Hope you will soon realize the truth about your GC dream ....
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oldschool
08-15 09:39 PM
People who left employer early or want to leave early will say it is ok; because it suits their needs.
People who plan on staying later or don't have any intention of leaving early will say to stay.
Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.
If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.
Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.
Thank you for all your input. Again, I got my GC on the first week of July and my wife was applied for 485 last July 30. Whether to leave my present employer or not has become a big question as my employer has decided to transfer me to another location in less than a month's notice which showed lack of consideration to the welfare of their employees as they're not only doing this to one person but a lot others too.
My greatest concern now is if leaving my employer would have an implication on my wife's pending AOS.
Thank you for all the pieces of advice you're giving.
People who plan on staying later or don't have any intention of leaving early will say to stay.
Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.
If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.
Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.
Thank you for all your input. Again, I got my GC on the first week of July and my wife was applied for 485 last July 30. Whether to leave my present employer or not has become a big question as my employer has decided to transfer me to another location in less than a month's notice which showed lack of consideration to the welfare of their employees as they're not only doing this to one person but a lot others too.
My greatest concern now is if leaving my employer would have an implication on my wife's pending AOS.
Thank you for all the pieces of advice you're giving.
more...
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SKR07
04-21 01:43 PM
If you stay 6 months everytime and stay shorter durations in home country, then it might create problem at POE.
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PD_Dec2002
06-28 04:09 PM
Once again. You will get an EAD ONLY if you filed form I-765 along with your I-485. Your I-140 has no bearing on your EAD.
Thanks,
Jayant
Thanks,
Jayant
more...
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senthil1
07-04 12:18 PM
Will it really create ablity to pay issue when an employer keeps many I140s without pay and create a problem for future Gc processing? If that is really an issue then cancelling I140 is not retaliation. People can post their views.
You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
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funny
09-22 02:49 PM
BUMP... Lets start calling folks...Don't put this away....Take 20 minutesof your time and call...Your are only helping yourslef by calling those law makers....They don't care if the bill doesn't pass
more...
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dilipb
06-23 04:55 PM
I DID NOT pay the huge fee.
I think they had given a waiver till August 21 or so for the July fiasco filers.
Do you think I still not have to pay or should I pay the fee ?
Oh ya I remember that.
I recommend you talk to some lawyer or call USCIS.
USCIS is helpful.
My take on it is this : you have to PAY $340.
A lawyer will always say "DO AS PER INSTRUCTIONS".
But this case although unique, you still belonged to the pre-aug filers, even though there was a waiver (since u were applying based on PD which was for july month).
I remember that during that time USCIS has instructed everyone to add some kind of bright color sheet / paper on top of your application to state clearly that you belong to that group of pre-aug filing people and that you are filing using the old fee structure. that way you are clearly telling them "dont reject me directly because of incorrect fees".
Again although this seems very straightforward to me, that you HAVE TO pay $340, I still recommend you research more/talk to lawyer/USCIS.
I think they had given a waiver till August 21 or so for the July fiasco filers.
Do you think I still not have to pay or should I pay the fee ?
Oh ya I remember that.
I recommend you talk to some lawyer or call USCIS.
USCIS is helpful.
My take on it is this : you have to PAY $340.
A lawyer will always say "DO AS PER INSTRUCTIONS".
But this case although unique, you still belonged to the pre-aug filers, even though there was a waiver (since u were applying based on PD which was for july month).
I remember that during that time USCIS has instructed everyone to add some kind of bright color sheet / paper on top of your application to state clearly that you belong to that group of pre-aug filing people and that you are filing using the old fee structure. that way you are clearly telling them "dont reject me directly because of incorrect fees".
Again although this seems very straightforward to me, that you HAVE TO pay $340, I still recommend you research more/talk to lawyer/USCIS.
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mirchiseth
01-16 10:31 PM
Kudos for the great work. Contributed my $50.00
-ms
-ms
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kalia
06-13 05:06 PM
Hey bkarnik,
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
tejonidhi
01-04 03:37 PM
MY wifes EAD is approved today after following the procedure that I have written today. I am hoping that mine will be approved soon.I guess the Officer did take the necessary action to bring the documnt from Storage.
gc_waiter56
07-06 12:22 PM
Whether your application reached USCIS on july 2 or July 10, it will get rejected bacause the notifictaion issued by USCIS says that any application recd from July2 onwards will be rejected. If they had any intention of accepting july2 applications then, they would have made July 3 as the effective date.
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