Bush
08-01 10:30 PM
what do 180 days start, RN date or notice date?
RN Date
RN Date
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alex99
05-30 11:44 AM
done
Springflower
01-28 01:42 PM
We got FP notices for me & my wife on 01-25-08. Finger printing date is Feb 6th, 2008. Same date, same time for both of us. Just perfect!
We filed our I-485 application/EAD/AP on July 6th, 2007.
Ours is a transferred case (NSS-CSC-NSC).
Did not open any service request.
Looks like they started processing transferred cases.
People who have been waiting should be getting their FP notices now.
------------------------------------------------------------------
Contributed $300 so far..
We filed our I-485 application/EAD/AP on July 6th, 2007.
Ours is a transferred case (NSS-CSC-NSC).
Did not open any service request.
Looks like they started processing transferred cases.
People who have been waiting should be getting their FP notices now.
------------------------------------------------------------------
Contributed $300 so far..
2011 I Love You Poems
Jimi_Hendrix
12-13 10:43 AM
Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?
more...
Lasantha
02-08 04:11 PM
That is one of the points raised in this current letter campaign for admin fixes.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
more...
viveckj99
08-20 02:04 PM
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
EAD for me, wife and son.. No signs of approval yet
Hi,
I filed EAD for me and my wife online on July 08.
FP: Aug 02,2008
LUD:Aug 05,2008
still showing pending status.
EB3
FP : Aug 1, 2008
LUD on AUG 3, 2008
EAD for me, wife and son.. No signs of approval yet
Hi,
I filed EAD for me and my wife online on July 08.
FP: Aug 02,2008
LUD:Aug 05,2008
still showing pending status.
EB3
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leo2606
01-04 06:46 AM
:D:D:D That's funny.
Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
more...
anilsal
11-18 04:28 PM
have bought houses on temporary visas. Of course, if the cost of the house is very high and the mortgage is high (as in California), then it is risky.
If not, go for it, if you find a good house.
If not, go for it, if you find a good house.
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cbpds
01-28 05:38 PM
ICE: "Sham" University, Cover For Illegals - FoxNews.com (http://www.foxnews.com/us/2011/01/28/ice-sham-university-cover-illegals/?test=latestnews)
Why is everyone blaming just the Chinese University for trying to circumvent the immigration system? It says 95% of the students were from Andhra Pradesh. These are the people who are causing delays in reforms and we pay the price by being stuck in the hole. The founders and all these students should be deported and banned from entering the US for life.
Why is everyone blaming just the Chinese University for trying to circumvent the immigration system? It says 95% of the students were from Andhra Pradesh. These are the people who are causing delays in reforms and we pay the price by being stuck in the hole. The founders and all these students should be deported and banned from entering the US for life.
more...
gdhiren
08-30 09:43 PM
We live in NJ and my husband was not ready to take a day off initially, I was going to come with friends and now after bugging him for days together I finally showed him this message about people flying in from CA and well he is motivated to come, he plans to work remotely on the 17th the lobby day, we are bringing some friends visiting from India too;)
Congratulations! Though I don't know why it took you so many days, I could understand if it was the other way around (him explaining you). You should meet my wife and get some lessons. :) just kidding. Thanks for bringing in the whole team, great spirit.
Congratulations! Though I don't know why it took you so many days, I could understand if it was the other way around (him explaining you). You should meet my wife and get some lessons. :) just kidding. Thanks for bringing in the whole team, great spirit.
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gcwait_07
11-03 10:57 AM
To all those republican homies on this thread....
a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.
b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.
c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.
d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.
e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?
Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.
The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.
Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.
a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.
b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.
c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.
d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.
e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?
Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.
The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.
Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.
more...
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eb3retro
10-19 04:40 PM
onemore came, check your PM..
what isa fax number to expedite the process for NSC, it will great if you can share the format of expedite letter.
what isa fax number to expedite the process for NSC, it will great if you can share the format of expedite letter.
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485Mbe4001
01-31 12:49 PM
if any GC applicants are contracted to write new code for their system, please remember to insert some logic to 'take care' of the visa number distribution algorithms :D ...( just a joke)
The article doesnt use the word 'faster' :>
"The increases, which have been under consideration for months, would raise nearly $1 billion for U.S. Citizenship and Immigration Services. The troubled $2 billion-a-year agency has antiquated paper systems that have fed years-long delays for applicants and fears that terrorists might slip through the cracks."
USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.
- gs
The article doesnt use the word 'faster' :>
"The increases, which have been under consideration for months, would raise nearly $1 billion for U.S. Citizenship and Immigration Services. The troubled $2 billion-a-year agency has antiquated paper systems that have fed years-long delays for applicants and fears that terrorists might slip through the cracks."
USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.
- gs
more...
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lj_rr
05-14 07:51 PM
As far as I know, Fiancee visa is only for Fiancee of Citizens, not for GC folks.
Someone pls confirm.
Someone pls confirm.
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willwin
06-05 12:59 PM
I understand that is not a reliable source of tracking approval pattern, however, this is the only tracker we have available and this gives us fairly good idea about USCIS processing.
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
I guess that depends upon how many of the applicants have registered in .
If it is 1%, then CIS would have used 130,000 by now, if it was 2%, 65,000 used by now...
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
I guess that depends upon how many of the applicants have registered in .
If it is 1%, then CIS would have used 130,000 by now, if it was 2%, 65,000 used by now...
more...
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mmj
04-28 08:05 AM
Yeah - I should have clarified that when I said most - I was refering to people whose PD is before 2006.
not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scary
not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scary
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chanduv23
08-31 08:32 PM
I have now stopped getting phone calls from friends, when I call them they talk to me but divert the topic when I talk about the rally. Many of these people are in real tough situations facing layoffs etc.... but still just do not want to talk about it.
Immigrants are now turning out to be anti immigrants?
A human being can resist himself to such an extent that he starts fighting his own people who want to help him and blindly supports the opposition due to fear?
It all depends on where you come from and how you are raised. On one side we have people who can motivate themselves and can be pushed to any extent, at one stage they seem to start moving mountains - whereas we have these immigrants who have turned anti immigrant just due to excessive fear and anxiety.
Tri State members have been most disappointing. Very few self motivated members worked day and night and are getting tired, but not losing hope. Majority of members not coming forward at all.
Immigrants are now turning out to be anti immigrants?
A human being can resist himself to such an extent that he starts fighting his own people who want to help him and blindly supports the opposition due to fear?
It all depends on where you come from and how you are raised. On one side we have people who can motivate themselves and can be pushed to any extent, at one stage they seem to start moving mountains - whereas we have these immigrants who have turned anti immigrant just due to excessive fear and anxiety.
Tri State members have been most disappointing. Very few self motivated members worked day and night and are getting tired, but not losing hope. Majority of members not coming forward at all.
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Drifter
04-01 06:18 PM
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
BharatPremi
05-05 04:25 PM
Gurus,
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Update: My lawyer just got back to me on this. Since I wanted the interfiling in such a way that I can maintain old PD ( July 2003 based - EB3 filing - 485 filed under this) with new application category EB2 (new application - June 2006 PD), lawyer told me that it is not possible. Once I interfile my new application, end effect will be having my 485 based on EB2- with new priority date (June 2006). So at this moment I have 2 choices...
1) Wait out till July 2003 under EB3-India become current
2) If EB3-India is not moving at all or July 2003 does not become current for EB3 but meanwhile if EB2-India cutoff date crosses June 2006 then file interfiling.
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Update: My lawyer just got back to me on this. Since I wanted the interfiling in such a way that I can maintain old PD ( July 2003 based - EB3 filing - 485 filed under this) with new application category EB2 (new application - June 2006 PD), lawyer told me that it is not possible. Once I interfile my new application, end effect will be having my 485 based on EB2- with new priority date (June 2006). So at this moment I have 2 choices...
1) Wait out till July 2003 under EB3-India become current
2) If EB3-India is not moving at all or July 2003 does not become current for EB3 but meanwhile if EB2-India cutoff date crosses June 2006 then file interfiling.
Kitiara
02-11 08:59 AM
And I'll never forget it. ;)
That accounts for two of my votes, and a few others have said they voted for me, but I think there's one or two mystery votes. Same for everyone, really. :)
That accounts for two of my votes, and a few others have said they voted for me, but I think there's one or two mystery votes. Same for everyone, really. :)
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