qasleuth
08-07 06:57 PM
Sorry to hear your predicament.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
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engineer
07-23 10:28 AM
can one ask NSC and see if they have cashed check > they should be able to tell us by our last , frist name, social security etc ?
Where is the link of USCIS memo which talks about following
"There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers."
Where is the link of USCIS memo which talks about following
"There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers."
pappu
08-23 01:58 PM
Do not spam the forum by posting the same post more than once.
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desi3933
03-19 01:21 PM
.... once your 6 years cap is over and AOS is denied you cannot get extensions. ...
Correct.
Correct.
more...
Desertfox
11-11 07:27 PM
Ok, this applies to applicants who filed I-485 after 2007 fee increase, and those guys can renew their AP without any fee. From your profile its evident that you filed your I-485 before the fee increase and hence you are eligible for e-filing, and you will have to pay the required fee for your AP.
If you have not downloaded the I-131 instructions already, get it from here - http://www.uscis.gov/files/form/i-131instr.pdf
BTW, I e-filed for AP multiple times for myself and spouse and got it approved each time without any RFE. I just followed the instructions in the above document. I hope this helps.:)
I just read the instructions for E-filing of AP. This is what it says -
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
If you have not downloaded the I-131 instructions already, get it from here - http://www.uscis.gov/files/form/i-131instr.pdf
BTW, I e-filed for AP multiple times for myself and spouse and got it approved each time without any RFE. I just followed the instructions in the above document. I hope this helps.:)
I just read the instructions for E-filing of AP. This is what it says -
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
logiclife
07-13 11:49 AM
IMMIGRATION VOICE ACTION ALERT: 7/11/2007.
Dear Members:
Immigration Voice is organizing its first peaceful protest rally in San Jose, CA on July 14th in order to protest the broken system of legal high-skills immigration. This protest march is being organized to oppose the enormous visas backlogs in the employment based immigration system. This protest march is also intended to oppose the recent decision of USCIS to block the adjustment of status petitions in July resulting from an unprecedented out-of-order reversal on the part of DOS and USCIS.
Please join this rally in huge numbers to create more awareness in the Media, Congress and the Administration. We are already getting attention of Congress and the Administration due to recently published articles on the flower campaign in New York Times (http://www.nytimes.com/2007/07/11/us/11visa.html) and Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html) on July 11th. If you cannot join but if you know someone who lives in San Jose area and who doesn’t know about this effort, please ask him or her to join this rally. More numbers will get us more media coverage and more attention to this issue.
This rally has the potential to bring our issue to the attention of everyone, including the Silicon Valley tech employers who have a stake in the morale and productivity of the hi-tech foreign employees in their companies and their backlogged immigration.
EVENT:
Peaceful protest march by Legal Immigrants in San Jose, CA.
LOCATION:
The New City Hall
200 E Santa Clara St
San Jose, CA 95113
DATE:
Saturday July 14, 2007
TIME:
11:00 am To 2:30 pm
ORIGIN, DESTINATION, ROUTE & PARKING DETAILS:
11:00 AM: Meet at San Jose City Hall at 200 E Santa Clara St.
PARKING: (Free weekend parking in the 4th St. garage on 44 South Fourth St., & San Fernando St. across from the MLK Jr library; For other free parking areas in downtown San Jose see: http://www.sjdowntownparking.com/free_parking.php (http://www.sjdowntownparking.com/free_parking.php) )
1) 11:30 AM: Go to the square in front of Dr. Martin Luther King, Jr. Library (150 E San Fernando St).
2) 12:30 PM: Walk towards 635 N 1st St through S 4th St, E San Carlos St, Market Street and N 1st Street.
3) 1:15 PM: Arrive at 635 N 1st St and stay till 2:00 PM
4) 2:30 PM: back to City Hall
IMPORTANT THINGS TO REMEMBER:
1) Abide by the laws.
2) Stay on sidewalks.
3) Follow traffic rules, show courtesy to other pedestrians.
4) Do not block building entrances.
5) Dress Professionally. No shorts or Bermudas. Wear formal dress clothes, semi-casual or business-casual.
WHAT TO BRING:
Plenty of water, snacks and sun block (if needed).
BANNERS AND SIGNS:
Do not bring your own signs. We will have banners and signs ready for you.
FOR DRIVING DIRECTIONS TO THE NEW CITY HALL IN SAN JOSE, SEE BELOW:
http://www.sanjoseca.gov/newCityHall/gettingThere.asp (http://www.sanjoseca.gov/newCityHall/gettingThere.asp)
IMPORTANT DISCLAIMER: Event leaders or organizers take no responsibility and will not be held responsible for any injuries or accidents that may occur during the posted events. It is your responsibility to abide by law. By joining this event, you are taking responsibility for your own safety and well-being.
-----------------------------------------------------------------------------------------------------------------------
Regards,
Immigration Voice Core Team.
Dear Members:
Immigration Voice is organizing its first peaceful protest rally in San Jose, CA on July 14th in order to protest the broken system of legal high-skills immigration. This protest march is being organized to oppose the enormous visas backlogs in the employment based immigration system. This protest march is also intended to oppose the recent decision of USCIS to block the adjustment of status petitions in July resulting from an unprecedented out-of-order reversal on the part of DOS and USCIS.
Please join this rally in huge numbers to create more awareness in the Media, Congress and the Administration. We are already getting attention of Congress and the Administration due to recently published articles on the flower campaign in New York Times (http://www.nytimes.com/2007/07/11/us/11visa.html) and Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html) on July 11th. If you cannot join but if you know someone who lives in San Jose area and who doesn’t know about this effort, please ask him or her to join this rally. More numbers will get us more media coverage and more attention to this issue.
This rally has the potential to bring our issue to the attention of everyone, including the Silicon Valley tech employers who have a stake in the morale and productivity of the hi-tech foreign employees in their companies and their backlogged immigration.
EVENT:
Peaceful protest march by Legal Immigrants in San Jose, CA.
LOCATION:
The New City Hall
200 E Santa Clara St
San Jose, CA 95113
DATE:
Saturday July 14, 2007
TIME:
11:00 am To 2:30 pm
ORIGIN, DESTINATION, ROUTE & PARKING DETAILS:
11:00 AM: Meet at San Jose City Hall at 200 E Santa Clara St.
PARKING: (Free weekend parking in the 4th St. garage on 44 South Fourth St., & San Fernando St. across from the MLK Jr library; For other free parking areas in downtown San Jose see: http://www.sjdowntownparking.com/free_parking.php (http://www.sjdowntownparking.com/free_parking.php) )
1) 11:30 AM: Go to the square in front of Dr. Martin Luther King, Jr. Library (150 E San Fernando St).
2) 12:30 PM: Walk towards 635 N 1st St through S 4th St, E San Carlos St, Market Street and N 1st Street.
3) 1:15 PM: Arrive at 635 N 1st St and stay till 2:00 PM
4) 2:30 PM: back to City Hall
IMPORTANT THINGS TO REMEMBER:
1) Abide by the laws.
2) Stay on sidewalks.
3) Follow traffic rules, show courtesy to other pedestrians.
4) Do not block building entrances.
5) Dress Professionally. No shorts or Bermudas. Wear formal dress clothes, semi-casual or business-casual.
WHAT TO BRING:
Plenty of water, snacks and sun block (if needed).
BANNERS AND SIGNS:
Do not bring your own signs. We will have banners and signs ready for you.
FOR DRIVING DIRECTIONS TO THE NEW CITY HALL IN SAN JOSE, SEE BELOW:
http://www.sanjoseca.gov/newCityHall/gettingThere.asp (http://www.sanjoseca.gov/newCityHall/gettingThere.asp)
IMPORTANT DISCLAIMER: Event leaders or organizers take no responsibility and will not be held responsible for any injuries or accidents that may occur during the posted events. It is your responsibility to abide by law. By joining this event, you are taking responsibility for your own safety and well-being.
-----------------------------------------------------------------------------------------------------------------------
Regards,
Immigration Voice Core Team.
more...
sri1309
11-05 10:26 PM
Congratulate OBAMA.. This is the time to tell them that we would like to vote him next time. He knows the immigrant problems.. We should hope for change..
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sunnymit
08-10 04:32 PM
A question on consular processing vs I-485. She already has a tourist visa. Also since she is deriving her green card status from mine, her priority date is current. Could she come to US on her tourist visa and we file for I-485 here instead of doing consular processing?
Thanks,
Dinesh
I don't think that it works that way. I believe she needed to be in US already on a visa that is not short term - perhaps H4 or F1 or something. I am not too sure though. You should consult with a lawyer prior to taking any action on this one
Thanks,
Dinesh
I don't think that it works that way. I believe she needed to be in US already on a visa that is not short term - perhaps H4 or F1 or something. I am not too sure though. You should consult with a lawyer prior to taking any action on this one
more...
kpchal2
03-17 10:53 PM
hi desi, even though i did not explicitly state that i want to port it, will it be automatically be ported. it seems like they see that first date as my priority date but i want to confirm it 10 times or more (due to the stuopidity of USCIS) before i jump in excitement.
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lj_rr
11-11 03:47 PM
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
more...
agiyer
02-06 07:49 PM
Thanks for the replies....Working voluntarily, does it mean that you need to work only in Non-Profit Orgs? in my case, I was wondering whether it is legal to work voluntarily when in an H4 visa for a Private Audit Firm and you audit their customers but do not take any pay of any kind from anybody till you get your H1-B in Oct?
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axp817
06-15 01:10 PM
I see no risk in this, unless he is also on an H-1B visa. The H-1B requires him to always be employed, and being on the bench (not getting paid) would be a violation of those terms.
But if he is using his EAD to work and is in a period of authorized stay (pending AOS), travelling with the AP is not an issue at all, as long as he always has a future job offer (in good faith) in hand.
Confirm this with your attorney (I assume you use one to file/extend your EAD/APs)
But if he is using his EAD to work and is in a period of authorized stay (pending AOS), travelling with the AP is not an issue at all, as long as he always has a future job offer (in good faith) in hand.
Confirm this with your attorney (I assume you use one to file/extend your EAD/APs)
more...
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seaken75
11-01 02:37 AM
One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.
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murthy0103
09-08 12:13 AM
Can I get the receipt information from USCIS by calling customer service and giving the h1 receipt number?
more...
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jackisback
06-03 12:17 PM
Anyone used this to inform CIS of their AC-21 case since it was announced?
Any experiences??? I had sent this to my attorney for his inputs but got no response
Any experiences??? I had sent this to my attorney for his inputs but got no response
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geesee_99
12-14 03:52 PM
Thanks RANKSXY..You Made my DAY.
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dixie
05-25 08:46 AM
I think this is independent of sec 508. Countries like India, China, mexico, philliphines, UK (in fact the top 12 immigrant sending countries) are all excluded.
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sidkap
10-26 10:19 AM
our receipt numbers also start with SRC08007 and its not showing up online.
checks got cleared on 11th Oct .no ead or receipt yet
checks got cleared on 11th Oct .no ead or receipt yet
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MrDesi
02-07 06:04 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
pkjena
10-17 07:44 PM
I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
No theoretical guesses please.
Thanks
Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
No theoretical guesses please.
Thanks
rahulpaper
06-19 06:32 PM
Does that mean application progresses normally without RFE or Wait if immunizations are still not complete?
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