Isabella_NZ

Hi everyone.

I didnt realise the sponsor had to file a change of address as well so we are getting on that now but i'm wondering what I should put as the effective date of I-865 change of address form?

I heard/saw if its past 30 days then the sponsor can get in trouble or fined and I definitely filed my AR-11 more than 30 days ago.

 Should i put the date i filed my AR-11 or should i just put a date within the last 30 days??

Thanks!

What is the exact cost i need to put on the check to pay? Is it $680 total on one check?

4 minutes ago, missileman said:

Make sure that USCIS does not receive your I-751 before the 90 day (not 3 month) window opens.........The window opens 90 days prior to the expiration date on your conditional green card.  You will receive an extension letter after USCIS accepts the I-751.  It will extend the expiration date on your card by 18 months..

Awesome!! Thank you for clarifying.

Hi guys!!

The instructions state you cant file the application until you reach the 90 day window. Is that the 90 days before the expiration date printed on my PR card? 

If the processing times are longer than 90 days then what happens when my card expires? Do they provide you with an extension?

Thanks in advance

6 hours ago, Jaquelly said:

With that being said, perhaps try to toughen up when you ask for advice. Most of us ARE Americans, after all. We don't hold back and we will tell you how it is, even if it's not done in the nicest way possible.

Yeah, thanks for the advice buddy.

1 hour ago, Boiler said:

There is no discrimination, OP has blown through Holiday/sick leave and has none left.

 

I would be interested to know what happens if you are legitimately sick, presumably they would want a Doctors note.

 

Time to look for another job?

I was legitimately sick. I was in a car accident. I had a medical note. It makes absolutely no difference to them whether I was or was not legitimately sick or injured. 

5 minutes ago, Chocobo said:

^^ You beat me to it.   

 

OP, look into FMLA.  If you have been employed for a year (and I think there is an hour total equivalent, too), and if your employer has more than a certain amount of employees, then FMLA will cover you.  Going back and trying to file for it retroactively is not going to be easy, but if you qualify for FMLA (aka enough hours and employer is large enough) then ongoing medical appointments for an FMLA approved condition will protect your job.  (NOTE: they do NOT have to pay you for time you take for FMLA, they just can't fire you.)  FMLA leave can be taken intermittently up to 12 weeks.  I'd look into it and maybe try like PP suggests.

 

In the alternative, unfortunately, yes, your employer can write you up or fire you for taking time off for your immigration appt.  If you don't qualify for FMLA, I agree w/the PP's about discussing the appointment now with HR to see what can be done, especially since you can produce documentation to show that this is legit.

 

Good luck!

You have to be at an employer for a year which I'm not unfortunately.

1 hour ago, Ash.1101 said:

A month should be plenty of time to let them know. You need to immediately book off that date, tell them you would like that to be one of your days off for the week and try to negotiate.

Note that usually a written warning isn't grounds for firing. My company has a 9 step process, at step 6 (six occurrences/absences within a year) you get a written warning. At step 7, you're put on a 35 rating and you can't have any no call no shows, but you can miss ONE more day. At Step 8 if you don't come in for any reason then you will move to a Step 9 which is termination.

I would inquire about the HR processes in your company. While it is an at will state, some companies have standards that make it so THEY can't actually get rid of someone until XY and Z occur. I would first let your manager know about your need to have that day off (or even just time off that day if you think you can do that), and then I would recommend contacting HR about their processes and policies.
 

Thank you I really appreciate your response. 

56 minutes ago, MariekeH said:

Seems to me you got a lot of helpful advice in a very short time... Your question was answered (yes, they can fire you), and several people have shared their thoughts on how to handle this. 

I was aiming that comment specifically at that person. Everyone else has been super helpful and provided me with a lot to think about.

Just now, Illiria said:

There is a section for this kind of non immigration thread, I will ask for it to be moved there but please be aware that insinuating that someone shouldn’t post is against the tos of the site.

 

I get you are upset but there is no other answer in your case than ‘well the state law says they can get rid of you but maybe if you speak to your boss they can be understanding’.

And that's fine, if it's in the wrong place then have it moved. I figured because it was to do with my adjustment appointment I could post in here but I do not care either way. 

Thought this site was a safe place to post and get advice but clearly it's not.

5 minutes ago, Illiria said:

I always advise those who have a job in this process to save at least two days leave no matter what (one for the fingerprints and one for the aos interview). Having the leave time saved up but not putting down when it is until you get the interview letter. 

 

So is all leave lumped into one type, no separate sick and vacation leave? 

It's separate but it's in their policy that if you run out of one the other will be used to cover it.

4 minutes ago, RTLE said:

•  USCIS appointment is not one of the legal absences required by law (like Court Order, Jury Duty, etc).
• In most the the case, there is not really laws which can prevent employer from "firing" you, they can simply let you go. When I signed my contact with my current employer, it clearly states they do not guarantee that they will offer my employment and I am not required to work for them (I can resign anytime).
• The best way is try to negotiate with your manager if you can work extra hours (or even weekends) to make up for a few hours/1 day absence.

 

I have tried having that conversation with them and they will not allow people to work additional hours to flex their schedule. 

I have no yet brought up the appointment so maybe they will be more understanding of this situation but I'm not holding my breath.

4 minutes ago, old-fella said:

They can do that. It depends upon their policy 

 

However, question is, Is your job important than you being in legal status????

 

If I were you, I would have planned better. Well, didn't plan better then I would speak to my boss and explain the situation. Sensible people understand how important AOS. Even after explaining the importance of AOS, if they would fire me; I would simply resign because I don't want to work for or with people who are unreasonable

Plan better? You sound like my manager... 

I was in a car accident so the leave I took was not something I in any way planned for.

How am I meant to plan for an appointment that I have no idea when they're going to schedule it...

Obviously going to the appointment is more important because not going means being booted out 😑

4 minutes ago, debbiedoo said:

Florida is an at will state. they can fire you for any, or no, reason.

 

why have you taken so much time off that its even an issue?

 

anyways, being written up isn't the be all end all of a job. AOS is far more important than a job that can be replaced. And with an emmployer attitude like that ... I'd be looking for a new one, anyways. its not like youre skipping work to go to Disney.

I was in a car accident..

Hi all 

I am located in Florida and I currently work full time at a company that has told me if I take any more unapproved absences I will move onto the next stage of performance management.

Long story short I do not have any more leave left and it is there policy that you cannot take unpaid leave other wise I will receive a written warning. 

I got my appointment letter for my adjustment of status which is the end of October and I am worried I will get a verbal warning or worse yet they will try and fire me because of the absence.

Can they do this? Are there any laws in place that won't allow them to fire me??

Any help or suggestions is much appreciated.

I just got my appointment letter yay!

My appointment is Oct 31st 2018

49 minutes ago, geowrian said:

Does the NOA1 state that it extends the validity of the card?

Oh I just re-read the first NOA and it does state if all the above conditions are met then this notice automatically extends the validity of your EAD for up to 180 days from the expiration date. 

Phew, ok, well that's good. I totally missed that when I first got the letter 

7 hours ago, geowrian said:

Likely in the coming weeks or so, if you recently filed.

Hassling or not, it would be illegal for them to terminate employment prior to the date your work authorization ends, or for making them wait. I understand it's more of a work environment issue (nobody wants to make HR wait when they're being anxious!), but I did just want to note that they are not permitted to take action beforehand.

They filed my case as received on July 19th and since then have just received the NOA

On 9/12/2018 at 9:56 AM, Eat_Pray_Love said:

PD: Sept 1 2017

Have interview on Sept 11th, 2018 in NYC. The interview was super quick, less than 20 mins. The officer told me they have to complete certain process, if nothing goes wrong, I should expect the card within 30 days.

 

 

Lucky!

The last update i got was in March 16, 2018 saying Case Is Ready To Be Scheduled For An Interview but no actual interview date yet...

27 minutes ago, geowrian said:

The existing EAD should be automatically renewed for 180 days: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

 

You can also request an expedite based on the job.

Any ideas when I might get this renewal letter? My work are hassling me for something now.. 

I have made an infopass appointment.

Hi everyone,

So my EAD runs out December 28th 2018 and I have already submitted documentation to USCIS to renew it however my work are stating if I cannot provide them with the new EAD card by December 28th then they will have to terminate my employment.

I'm not hopeful I will get the card before that date. Is there anything I can do?

18 hours ago, geowrian said:

They're still needed.  I'll also refer you to the I-765 instructions (https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf), page 13 (my emphasis in bold):

"Assemble the documents in the following order:

1. Your application with the filing fee. See the What Is the Filing Fee section for details.

2. If you are mailing your application to USCIS, you must also submit:

A. A copy of Form I-94, Arrival-Departure Record (front and back), if available. If you are filing Form I-765 under the (c)(9) category, Form I-94 is not required.

B. A copy of your last EAD (front and back). If no prior EAD has been issued, you must submit a copy of a government-issued identity document, such as a passport showing your picture, name, and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/ or fingerprint. The identity document photocopy must clearly show the facial features of the applicant and the biographical information. If you are filing under the (c)(33) category, additional documentation beyond what you submit under Item 3., What Documents Do You Need to Provide to Prove Identity, of the filing instructions for Form I-821D, Consideration of Deferred Action for Childhood Arrivals, is not required.

C. You must submit two identical color photographs of yourself taken within 30 days of filing your application. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

 

The passport-style photos must be 2” by 2”. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1” to 1 3/8” from top to bottom of chin, and eye height is between 1 1/8’ to 1 3/8” from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious order of which you are a member. Using pencil or felt pen, lightly print your name and Alien Receipt Number on the back of the photo"

 

That's the OMB expiration date. USCIS accepts and processes forms based on the Edition Date in the lower left corner. The current I-765 has an edition date of 07/07/17.

Thank you! 

Can you also tell me on the form it is asking what my current immigration status is? I'm a bit confused, do I still enter K1 visa holder? Or something different now I have my work permit? 

Q. 19 on the form 

4 minutes ago, geowrian said:

I believe the form has been updated since you first applied, so don't send the same exact form. But the same information applies for a renewal. Send that plus a copy of the I-485's NOA1.

And the form i just downloaded from USCIS website states it expires 02/28/2018 so would that be the correct one? I dont see an updated one anywhere else.

1 minute ago, geowrian said:

I believe the form has been updated since you first applied, so don't send the same exact form. But the same information applies for a renewal. Send that plus a copy of the I-485's NOA1.

What about the passport photos and all that jazz?

On 6/25/2018 at 11:30 AM, geowrian said:

You need to renew the EAD if it expires and you plan to work after the expiration.

There is an automatic 180 day extension if you file a proper renewal application before expiration: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

 

Edit: Note that no fee is required. Send a copy of the I-485's NOA1 (receipt notice) in lieu of payment.

So i just send the same form as before with a copy of the I-485's NOA1 and thats all?