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About mgm1451

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  1. mgm1451

    EAD lost in mail, have received my I797 approval notice.

    If you apply for the replacement card, 1) I think you can get an Infopass appointment and get a letter from the officer stating that "EAD Replacement card was applied as EAD was lost in the mail and then show the letter to your HR/Employer. (or) 2) If you already have the receipt from USCIS for the replacement card, I think that Receipt notice for the replacement card IS an acceptable document by your employer to either offer/extend your employment. But, confirm with your HR right away or if you have an Attorney ask them.
  2. mgm1451

    Time to renewal EAD...

    No, you do NOT need to apply AC21 for EAD Renewal. I had it confirmed with my lawyer. My renewal was up last Oct 2014 and i applied without filing AC21 (I switched my job Sep 2013). A word of caution - Please apply well ahead of time (120 days from expiry), because there are a lot of delays in processing the EAD applications now in all USCIS service centers.
  3. mgm1451

    EAD Pending for more than 120 days - Please help

    I had a similar issue. This is what happened. - I mailed my EAD/AP application to USCIS on Oct 30, 2014. - My EAD/AP application was received by USCIS Nebraska on Nov 3, 2014. - I waited until Jan 20, 2015 (75 days completed) and then created a service request by calling NCSC (1800-375-5283). - I received no response for a week. - Contacted local Congressman (You can google 'contact congressman' and give your Zip code, it will tell you the office address and also each Congressman has his/her site. You can either reach them by submitting a message on their 'Contact Us' page which will email them or by calling the listed phone number). - Congressman's office asked me to bring a letter from Employer stating that I will lose my Job if I don't get my EAD on time. - I work for a big Fortune 50 company. Got the letter from HR and gave a copy to Congressman office and also my EAD / AP receipt numbers. - Congressman's office contacted USCIS on my behalf to inquire about my case. - They received a response from USCIS on 01/28 stating that my application will be forwarded to a Supervisory officer at NSC for consideration. The officer will review the case and grant the permission to expedite it. If 'expedite request' is approved, then the case will be assigned to an adjudicating officer. - I followed up with Congressman's office on 02/02, but they responded saying that they have to wait until 14 days before they can inquire again with USCIS. - On 02/03, I contacted one of the Senator's office (again google 'contact senator' and use Zip code, you will see 2 Senator's office for each constituency). - I gave my employer letter again to Senator's office and requested them to inquire my case on my behalf. - Senator's office updated me after 2 days that they placed an inquiry on my case. - I also faxed my employer letter and EAD/AP receipt to (402)219-6171 quoting the service request number that I created earlier. - On 02/03, I also called NCSC again and created another service request stating that my EAD application is pending over 90 days and asked them to expedite my case. After multiple attempts with various Level-1 representatives, I also had them connect me to a Level-2 Immigration officer. He was able to check the latest update on my case which is the same as what my Congressman's office told me (Case was forwarded to a Supervisory NSC officer for consideration). But, Level-2 told me that all I can do is to wait to hear back from them and they cannot do anything about my case. It was kind of useless, but atleast I got a confirmation from them about my latest case status. - On 02/11, I received an update from USCIS stating 'Case Approved'. - I waited for 1 week to receive the EAD card, but I didn't receive the card yet and my current EAD expires on 02/25. - On 02/18, I called NCSC again and asked them to create a service request stating 'Card not received'. - On 02/19, received another email/text update from USCIS that my Card is mailed out and USPS picked up my mail (no tracking number was given). - On 02/21, received the final email/text update that the card was delivered to me. I checked my post box, and there it was!!!!! Whew!!! It was quite an ordeal for me this past 110 days. I applied well ahead of time without knowing that it will be delayed this long. The last time I applied for EAD renewal in 2013, I received the card in 3 weeks time. This time it was a grueling experience. I still don't know which specific action of mine (whether contacting the Congressman's office, Senator's office, multiple Service requests, Faxing the documents etc.,) made this happen in the end. My belief is that contacting Congressman's office was probably the best thing I did. Please do the following steps to stay ahead of the game. - Apply EAD/AP well ahead of time (you have 120 days to apply). - On the 76th day, contact NCSC and create a service request stating that the EAD is pending for over 75 days. - Contact local Congressman with a letter from your Employer stating that you will lose your job if your EAD is not renewed on time. - Contact Senator and do the same. - If the EAD is pending over 90 days, contact NCSC again and create an expedited service request. - Try contacting Level-2 officer for the latest update on your case because they have more visibility into your case. - Try faxing the employer letter and EAD receipt with a cover letter to the Service center and quote the Service request number. I know it is a very very frustrating experience. My understanding is that USCIS has an overwhelming number of EAD cases to work on and they are probably short-staffed. But, if we keep persistent and can justify why we need an EAD on time (employer letter), I think they do consider it and approve the EAD. In my case, I consider myself lucky, as I got the EAD card 4 days before expiry. And, thank goodness, I applied around 110 days before. If I snoozed and applied late, then I would have lost my job and pay and my company has to rehire. Not to mention the aggravation it causes to my employer as well as me. I thank everyone on all those forums who dedicate some time amidst their busy schedule and answer questions to people like me. Hopefully I can do a small part in answering some of your questions which can be of some help. Thanks
  4. mgm1451


    Congrats Ragtz. I have a question. How did u file I-9 form with the EAD receipt notice for 90 days? Is it possible? I thought you need the physical EAD card on hand to fill out i-9 form. Please let me know, thanks.
  5. Before I and/or my employer challenge the USCIS for re-affirmation, can I apply for a H1 transfer to a new company ? Will my current petition still be valid at that point ? Answer: Since u r in India, u cannot do a transfer. However, u can apply for a new H1B. Your current petition will be valid until ur employer revokes it. But, u dont need to worry about ur current petition. It is ur employer's responsibility to revoke it when u stop working for them. OR Will applying a new H-1 petition be a better option ?? Answer: <Refer to answer above. Apply for the new petition> Experts, Gurus, please advice. What can/should be done after the case is refused ? Answer: Go ahead apply for a new petition. I assume ur new petition will either be filed by ur client or direct vendor. If u apply with same employer or another EVC model, the chances of visa approval is slim. Is there any average timeline for how long the petition re-affirmation might take after it goes back to USCIS ? Please advice. Thx. Answer: This could take months. Ur best bet is to move ahead with a new petition. And, even after ur current petition may be reaffirmed, there is NO guarantee u will be issued a visa based on the reaffirmed petition.
  6. @lost_immigrant I think a LOT rides on the company itself. Just wondering, if u kick out the vendor, how r u gonna work for the client of that vendor in the first place (or) am i missing something here?
  7. @May_17_221g_yellow 1)Did you withdraw your old visa application before you went for stamping with your new H1. I did not. However, i carried a letter with me stating my intention to withdraw my pending application. U can do the same. 2)if you have withdrawn your application. How did you do that -- refer to the answer to Q1 --
  8. Hello All, Here is my story. I attended Visa interview on May 24th while on EVC model at the Chennai Consulate. Got 221g green and later my case was under admin processing. In the mean time, Vendor (american company) applied for my H1B and I attended Visa interview today at Chennai consulate and got it approved. Questions asked: VO: Are you going to work for a new company? ME: Yes VO: What does you Employer do? ME: Explained. VO: Are you going to work at a Client site? ME: Yes. VO: Who is ur client? ME: Answered the same (fortune 100 company). VO: Which location are u based at? ME: Told the location. VO: Who is ur manager? ME: I said Manager from the Employer side. VO: Where is ur manager based at? ME: Told the location VO: How do u communicate with ur manager? ME: weekly status reports, teleconferences, in-person visits by my manager. VO: How far is ur work location from ur Manager's location? ME: Its about 11 miles. VO: What is ur designation? ME: Told as per petition. VO: How much you are gonna make? ME: Told as per LCA. Thats it. Then she said the golden words 'Your visa is approved. U will get ur passport in about a week'. I have been following this forum ever since I got the 221g. So many people (especially tapans, aryandelhi, cancer001) have gone through this same problem and got the visa approved with the direct vendor. If u have any questions, please shoot them. I will answer the best i can. All the very best for those who are waiting.