kriskris
03-27 11:23 AM
For those who are NOT US Citizens or Permanent Residents, all the transactions like address change/renewal have to be done in person in TX. No online or mail access.
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salcom3
07-13 07:59 PM
I totally agree with you akgind.
Here is my daughter's case:
1994 she was 8 years old when we brought her to USA
2002 asylum case was denied, we had to go back to our country (we didn't stay illegaly)
2002 after one month we came back, with H-1 visa, daughter with H-4
2003 I applied for LC
2006 My daughter turned 21 - She had to change status to F-1 (of course college fees were triple). She is out of LC process because of her age.
2007 LC approved, she is still F-1 and paying a lot of money in tuition.
I mean, these kids like my daughter (and I am sure there are thousands like her), deserve a break too. If the DREAM ACT is going to benefit illegal persons, it should also benefit children that have waited for their parents' LC process for long years only to see their hopes destroyed.
Here is my daughter's case:
1994 she was 8 years old when we brought her to USA
2002 asylum case was denied, we had to go back to our country (we didn't stay illegaly)
2002 after one month we came back, with H-1 visa, daughter with H-4
2003 I applied for LC
2006 My daughter turned 21 - She had to change status to F-1 (of course college fees were triple). She is out of LC process because of her age.
2007 LC approved, she is still F-1 and paying a lot of money in tuition.
I mean, these kids like my daughter (and I am sure there are thousands like her), deserve a break too. If the DREAM ACT is going to benefit illegal persons, it should also benefit children that have waited for their parents' LC process for long years only to see their hopes destroyed.
gcgreen
08-11 06:26 PM
IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
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sbabunle
03-17 01:36 PM
Hello Everybody
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
more...
gcdreamer05
07-25 01:26 PM
I think we all have this OCD to keep checking IV. I am in EB3 and i know nothing is going to happen to my 485 for the next 3 or more years, i myself keep checking IV, no wonder why you dont want to....
Atleast be happy that you have a probability that you will get it by aug, think about all the rest of us who dont know what will ever happen and when we may get freed from the clutches of desi employer.....
May be we should all become afghani translators or get religious visa and apply again in EB4 / EB5 :confused:
Atleast be happy that you have a probability that you will get it by aug, think about all the rest of us who dont know what will ever happen and when we may get freed from the clutches of desi employer.....
May be we should all become afghani translators or get religious visa and apply again in EB4 / EB5 :confused:
ajm
01-26 04:48 PM
This definitely raises a red flag, given that it is so open-ended. Come to think of it, all companies invest in training/educating their employees. Asking the employee to refund those costs on seperation seems a bit absurd.
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Alabaman
04-22 05:34 PM
I read through this proposed legislature and there is absolutely nothing to worry about.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
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desi485
01-04 03:09 PM
So do you mean to say that this is allowed in India? I mean polygamy. I never knew that.
Muslims (around 20% minority) have this special law accepted by indian democratic government. In fact persons from muslim community can marry upto 4 wives at a time. However I haven't seen this as a common practice. Not sure if that law is changed recently. I guess No other religion is allowed to do so in india. I remember reading some cases in newspaper where people from different religion have converted just to legally marry more than one persons in india.
Muslims (around 20% minority) have this special law accepted by indian democratic government. In fact persons from muslim community can marry upto 4 wives at a time. However I haven't seen this as a common practice. Not sure if that law is changed recently. I guess No other religion is allowed to do so in india. I remember reading some cases in newspaper where people from different religion have converted just to legally marry more than one persons in india.
more...
sanbaj
07-31 11:01 AM
I called USCIS NSC yesterday and asked if my new approved I-140 was interfiled with my pending I-485. The IO asked me for my A# and then told me that she doesn't see the new I-140 starting with SRC on the system. She only sees the original I-140 with the LIN. It was very frustrating to hear this as I had called NSC a week before and the IO told me that the new I-140 is in the system and visa was available for me. However, I remembered that last week the IO did not ask me for my A#. She only asked for the receipt numbers of my pending I-485 and the new I-140.
Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?
Speaking from my case, I called NSC for the same reason multiple times and every time the information I got (now looking back) was either useless or insignificant. Only one procedural info I got once was correct. They informed me that when you Interfile, your request goes into your file and no receipt or any other update is done to your case. When your 485 app RD becomes current and an IO picks up the case to work on it, should consider the Interfiling request. If your PD is then current due to the Interfiling request and every other detail on your 485 app is complete, your case is approved immediately. That is exactly what happened to my case. Calling them is less fruitful and more frustation. I only called them once a month after they changed their processing dates for the month just in the hope I may get lucky with an IIO who may give some info. Never did. I also took an Infopass, but that was fruitless too, as they also could not provide any information. Just asked me to wait until my RD becomes current.
Hope this gives you some perspective and lowers your anxiety.
Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?
Speaking from my case, I called NSC for the same reason multiple times and every time the information I got (now looking back) was either useless or insignificant. Only one procedural info I got once was correct. They informed me that when you Interfile, your request goes into your file and no receipt or any other update is done to your case. When your 485 app RD becomes current and an IO picks up the case to work on it, should consider the Interfiling request. If your PD is then current due to the Interfiling request and every other detail on your 485 app is complete, your case is approved immediately. That is exactly what happened to my case. Calling them is less fruitful and more frustation. I only called them once a month after they changed their processing dates for the month just in the hope I may get lucky with an IIO who may give some info. Never did. I also took an Infopass, but that was fruitless too, as they also could not provide any information. Just asked me to wait until my RD becomes current.
Hope this gives you some perspective and lowers your anxiety.
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new2gc
05-12 01:21 PM
Hope they don't pass this bill and kick us back by 5 Years.
I don't see a relation between Obama saying ..... Cisco, Intel, Ebay started by Immigrants and DREAM. Those Immigrants he is referring to are from India/China and DREAM are from Mexico.
Am i missing something here?
Nothing but election stunt....trying for another trap.
I don't see a relation between Obama saying ..... Cisco, Intel, Ebay started by Immigrants and DREAM. Those Immigrants he is referring to are from India/China and DREAM are from Mexico.
Am i missing something here?
Nothing but election stunt....trying for another trap.
more...
makemygc
08-10 12:15 PM
Perm filers hate LS guys as they went ahead of line...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
Only person who is making sense here. Good analysis jambapamba.
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
Only person who is making sense here. Good analysis jambapamba.
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maine_gc
08-22 02:04 PM
Unless there is a change in immigration laws it will be very true that you cannot apply for 485 in the next 5 years. To make something happen it is very important to attend DC Rally.
So folks who are reading this, notice the importance of the Rally and your presence at the rally.
I am really surprised. Why would it EB3 go back to 2001.
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
So folks who are reading this, notice the importance of the Rally and your presence at the rally.
I am really surprised. Why would it EB3 go back to 2001.
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
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svam77
08-10 12:47 PM
I just pity you man .... cant u understand what i said about my reason to take an LC .......jsut not to wait to apply for i 485 for another x years ......
Your discussion is going no where ........I wouldnt even have cared if it was a last month's labor .......
And also USCIS would have initially implementecd this for a good reason and they would not have terminated it if they wouldnt have found that many companies were misusing it ......
Anyways ....if u have time .....keep going on this discussion, on a topic which USCIS itself closed last month ...
U told once , twice or n times on this forum that u dont like LS, and yes USCIS heard it and closed it .... so just forget it ....
the guy who actually started this thread must be enjoying seeing all these posts hahahhahhah
Your discussion is going no where ........I wouldnt even have cared if it was a last month's labor .......
And also USCIS would have initially implementecd this for a good reason and they would not have terminated it if they wouldnt have found that many companies were misusing it ......
Anyways ....if u have time .....keep going on this discussion, on a topic which USCIS itself closed last month ...
U told once , twice or n times on this forum that u dont like LS, and yes USCIS heard it and closed it .... so just forget it ....
the guy who actually started this thread must be enjoying seeing all these posts hahahhahhah
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kode
02-22 08:12 PM
ehmm .. maybe because you never said that you wanted to participate in the battle ?? :sigh:
more...
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EdGMan
04-13 04:49 PM
Hi everyone,
Have a lot of patience my wife and I have been patiently waiting for this and now it's finally here.
We've been here in different situations below....
Myself
1997 - H1B
2000 - LC filing
2001 - LC cancelled by company because of 911. If company responded to RFE, Labor could have been certified.
2006 - Laid off while on 9th yr of H1
2007 - Back on H1 transfer
Spouse
1998 - H1B
2001 - Filed LC because my company cancelled LC
2003(Mar) - PD
2005(Sep) - LC approved
2005(Dec) - I-140 approved
2007(Apr) - Can file AOS/EAD now
The secret.....
PRAY, PRAY, PRAY. Nothing beats it.
To those who don't know, it took Noah 120 yrs. of faith and hope to built his arc when he was asked to, by Our Heavenly Father.
Regards and CONRATULATIONS to all who can file AOS and EAD now.
More power to IV team.
Have a lot of patience my wife and I have been patiently waiting for this and now it's finally here.
We've been here in different situations below....
Myself
1997 - H1B
2000 - LC filing
2001 - LC cancelled by company because of 911. If company responded to RFE, Labor could have been certified.
2006 - Laid off while on 9th yr of H1
2007 - Back on H1 transfer
Spouse
1998 - H1B
2001 - Filed LC because my company cancelled LC
2003(Mar) - PD
2005(Sep) - LC approved
2005(Dec) - I-140 approved
2007(Apr) - Can file AOS/EAD now
The secret.....
PRAY, PRAY, PRAY. Nothing beats it.
To those who don't know, it took Noah 120 yrs. of faith and hope to built his arc when he was asked to, by Our Heavenly Father.
Regards and CONRATULATIONS to all who can file AOS and EAD now.
More power to IV team.
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sameer2730
11-03 04:17 PM
Changing to vertical spillover will NOT help EB3 India or China. EB3 ROW is not current and it will suck up all overflow leaving EB2I, EB2C, EB3I and EB3C to their annual quota only. USCIS changing the process to horizontal spillover is the best thing that has happened to I and C community in the absence of immigration reform. Now there is at least some hope for EB3 folks to get a new job and apply in EB2, as at least that queue is faster. If we fight among ourselves and stop vertical spillover, it will only benefit EB3ROW as they will get all overflow from EB1 and EB2ROW. Please guys, let's not fight.
Totally agree! But I an fed up of everyone showing up and asking all the time "What about Quarterly Spillover?" all the time. It will make a difference of 6-7 months and its a real big deal to keep coming back and asking "Pappu did you ask about Quarterly Spillover? " on each bloody occasion. Let me tell you what most EB3 India think. You can spillover horizontally or vertically I get it the same time. So why should I care about this spillover BS. Just coz we were born in the same country! Anyways good luck to EB2 India applicants. Hope you get your GC's soon
Totally agree! But I an fed up of everyone showing up and asking all the time "What about Quarterly Spillover?" all the time. It will make a difference of 6-7 months and its a real big deal to keep coming back and asking "Pappu did you ask about Quarterly Spillover? " on each bloody occasion. Let me tell you what most EB3 India think. You can spillover horizontally or vertically I get it the same time. So why should I care about this spillover BS. Just coz we were born in the same country! Anyways good luck to EB2 India applicants. Hope you get your GC's soon
more...
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bsbawa10
08-18 07:14 AM
After I heard from the Infopass IO that my case is all set and it is sitting in the NSC examination room, I have been trying my best to get my file to the attention of an IO at NSC. This is what I have done till now. Don't know if this would work. If not, what the heck?
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
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ssnd03
02-19 10:09 PM
Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.
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sledge_hammer
06-05 07:33 AM
This is unsettling...
Revocation of Approved Labor Certifications
The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State.
Revocation of Approved Labor Certifications
The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State.
downthedrain
02-13 01:24 PM
got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11
nixstor
06-19 11:16 PM
common guys why are you making it as bigger issue.
All he is going to give is 2K more than normal lawyer fee, which is just a 1 dollar per year for an hourly employee. I would advice him to happily take this offer and file without any complication with employer.
Note desi employer (consulting company) are doing us favor by applying GC, other wise where the heck they have a permanent job.
Take it easy now and ACt after 6 months of filling 485.
Also these days lawyers have to do Overtime to prepare documents for sudden surge of new filers.
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
All he is going to give is 2K more than normal lawyer fee, which is just a 1 dollar per year for an hourly employee. I would advice him to happily take this offer and file without any complication with employer.
Note desi employer (consulting company) are doing us favor by applying GC, other wise where the heck they have a permanent job.
Take it easy now and ACt after 6 months of filling 485.
Also these days lawyers have to do Overtime to prepare documents for sudden surge of new filers.
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
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