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sogund's Immigration Cases

We got RFE too. A couple of soft LUD's on the website as well. PD November 2006. We still don't know what the RFE is for as it is yet to arrive in the mail. They most be doing some maintenance issues since there are no visa's available right for EB3 ROW or perhaps something big is about to happen soon !!! I guess we can dream on.

To IHC49, Greenmonkey is right. You can either use your EAD or H-1 visa (which from all accounts is still valid) for I-9 employment eligibility verification.
If I were you I will stay on H1-b status as long as possible, since you do not need AP if you have a valid H-1 visa in your passport. Don't let then box you into using your EAD as employment verification unless you are pretty certain about your I-485 application !!!
If you decide to use your EAD then you will need advance parole to come back to the US when you travel to India.
Best wishes.

To sam46

It is true to that you need a valid H1 or EAD to continue to work. But check this out. You can also ccontinue to work if your EAD is pending and you are prepared to take the risk that it will be approved within the next 90 days !!!
The I-9 regulation actually allows you to work if you have the EAD receipt but the EAD CARD ITSELF HAS TO BE PRESENTED WITHIN 90 DAYS.
I recently found this out myself. You can google the I-9 form.

Best wishes.

It means your case has been assigned to an IO who will adjudicate your case. Hopefully, you should start to see LUD's soon.
Best wishes.

No it will not take 90 days. As soon as they get the evidence they need your case will recommence. I suppose how long it will take after this depends on the RFE. If it is for pictures (commonest reason for EAD RFE in my opinion) then you can expect your EAD pretty soon.
So all in all it isn't terrribly bad news, at least it shows an IO has started working on your case !!!
Best of luck.

Motion to reopen, I think....

Dear Minchia,

Congrats on your green card. Lookiing at your profile, I could not help but notice you claim your country of birth as the US !!! Were you just kidding or what ? I guess it is immaterial at this point in time as you are now on your way to becoming a US citizen if you so wish !!!
Cheers

Pretty standard message after sending RFE. Nothing to worry about. So relax....
Best of luck.

http://travel.state.gov/visa/frvi/bulletin/bull...

Go to that link. Unfortunately as you can see your priority date is not current therefore you cannot file I-485. However a new visa bulletin is due soon so things may change.
Best of luck.

You have already gone past 90 days from your receipt day, therefore schedule infopass. If nothing, it will at least get your case flagged and hopefully get your EAD expedited (which by the way you are now entitled to as we speak).
Best of luck.

Same here. I have a sneaky feeling e-mail notification i.e " CRIS" is down yet again !!!
Perhaps if someone has received notification lately, they should please let us know. I suppose it is irrelevant if we get our EAD cards in a reasonable time frame. Fingers crossed !!!

Schedule infopass for next week or the week after. You have nothing to lose !!

The last bulletin came out on Nov 5th so I am guessing the Dec one should be out by Monday or Tuesday next week....

Rather tricky situation. It really does depend on how long they plan to stay in India and the feasibility of getting their H4 approved before they decide to come back. Have you tried finding the status of the H1/H4 by on the USCIS website ?
Proccessing times for H1/H4 extension can vary from 2-4 months depending on center and no RFE.
If you have your approvals by the time you travel in January then there should not be any problem getting your passports stamped on your way back.

Nothing really. She remains in status as long as you maintain your H1 status. The only time there could be a problem is if you decide to use your EAD and your application for AOS is denied. Then both of you will sundenly be out of status !!!
This is why lawyers (at least ours did) always advice the primary to maintain their H1 status until after I-140 is approved since it is quite rare for AOS to be denied with an approved I-140. Can still happen though, for instance if you commit a crime or some other misdemeanor !!!

I am assuming of course that you already have a SSN (e.g previouly on H-1). If not then you will need the actual card before you can apply for the SSN and unfortunately that will certainly hold things up.

It's up to the employer really, but I suspect most will want to see the card physically before they let you start working. If you have an understanding employer then it's probably OK to start, since the card will be valid from production day and you don't need an I-9 verification immediately you start your employment.

It may have gone missing in the mail but technically there is not much you can do right now, since they say you should allow 30 days from production day for your card to be delivered. However, there is no harm in calling USCIS since the post office may have sent it back to them as " undeliverable".
Having said all this there is still a pretty go chance it may turn up in the next couple of days !!!
Best wishes. Keep us updated with what happens.

Very common problem. Would recommend calling USCIS in the 1st instance. The good news is that in most cases the pending EAD or EAD's will follow in about 2 weeks or so. These days you simply can't rely on CRIS to keep you up to date with anything.
If you do not receive it within 2 weeks then you probably should schedule infopass to fiind out what's going on althogh I siuspect this will not be neccessary.
Best wishes.

It should come directly to you. Sometimes a copy is sent to the lawyer as well. This happened to us. The CRIS system is not set up to inform you whether a FP notice has been sent and it does not show up online as well (at least to the best of my knowledge).

Member Profile: sogund (80 posts)