nomad
07-12 02:22 AM
http://www.sacbee.com/110/story/262484.html
Editorial: Green card fiasco
Stop mistreating those who play by rules
-
Published 12:00 am PDT Monday, July 9, 2007
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them.
As Los Angeles immigration attorney Carl Shusterman said last Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas."
Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system."
This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost.
In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point?
In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
--------------------------------------------------------------------------------
Editorial: Green card fiasco
Stop mistreating those who play by rules
-
Published 12:00 am PDT Monday, July 9, 2007
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them.
As Los Angeles immigration attorney Carl Shusterman said last Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas."
Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system."
This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost.
In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point?
In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
--------------------------------------------------------------------------------
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saileshdude
09-16 11:04 AM
You could be stuck because of background/name check. Check my previous postings where I sent a link to one of the documents someone posted when they got is using FOIA. At the time of final approval also some checks are initiated and that could cause delays also.
I got the SLUD on 9/3, 9/4, 9/7 2010. Showing the same message under review.waited all these days hoping for good news.No good news.called c/s(customer service),got response that they only "touched your file on 9/3,but don't have idea what IO did."
Came to US more than 10 Yrs before.still waiting.
PD Jan 2006 EB2 I.
NSC
Mine is self labor without any complication,except filed AC21 in 2008 from a good client.
No cheating in the whole process,still not getting GC.
Anyone in the same boat, please share your experiences.
I got the SLUD on 9/3, 9/4, 9/7 2010. Showing the same message under review.waited all these days hoping for good news.No good news.called c/s(customer service),got response that they only "touched your file on 9/3,but don't have idea what IO did."
Came to US more than 10 Yrs before.still waiting.
PD Jan 2006 EB2 I.
NSC
Mine is self labor without any complication,except filed AC21 in 2008 from a good client.
No cheating in the whole process,still not getting GC.
Anyone in the same boat, please share your experiences.
SunnySurya
08-07 10:25 AM
Then why do we have different categories then...
If you can call it EB2 line, yes he will come before you. On the other hand an EB3 guy calls it �GC� line and says that you come later with a Masters and go before him in the line. It depends on which way you look at it.
If you can call it EB2 line, yes he will come before you. On the other hand an EB3 guy calls it �GC� line and says that you come later with a Masters and go before him in the line. It depends on which way you look at it.
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BharatPremi
09-27 12:47 AM
Its not that I think I am smarter or have any additional insight...but I take things at face value. Of course the total number of pending cases in the chart and in the PDF should match - they both are exactly what they say they are "PENDING EMPLOYMENT BASED I-485 cases" If that's what the report title says, that's exactly what it means. No point in over-analyzing if this is just for pre-adjudicated or only primary applications etc....
I say stupid questions because people still ask "Does the PDF report contain numbers for dependents or only for primary applicants" - so you are telling me that this is not clear from the PDF report??
I and many others do not see the definition of "Pending" what is in our minds matching the definition of "Pending" by USCIS. We believe that it is not yet concluded. Even USCIS itself is not clear. In trend chart under "All other pending" its total figure for national level is 279031 till July 2009. Where as in the Excel worksheet it is 233816 till July 2009( Worksheet is produced for the time period till the December 2009 but for July to Dec 2009 all visa categories have zero value thus data is till July 2009)
So I would request you to keep patience till we get "authentic" feedback from somebody. Many people are working on this in background. If you want to see the signs they are there in many other threads including recently declared FOIA and USCIS data comparison thread published by Pappu.
We can't be just "innocently simple minded" when USCIS itself publishes different data sets at different links and start believing the only data of a particular worksheet is correct just because USCIS declared it. If you try to compare both of these trend chart and excel worksheet with the April operating performance report declared by USCIS (needhelp! has posted it on this thread) then you get into more confusion and start seeing clear discrepency.
So choice is yours , patiently watching the input of others on this thread and start contributing in analysis OR keep on doing what you are doing unnecessarily.
I say stupid questions because people still ask "Does the PDF report contain numbers for dependents or only for primary applicants" - so you are telling me that this is not clear from the PDF report??
I and many others do not see the definition of "Pending" what is in our minds matching the definition of "Pending" by USCIS. We believe that it is not yet concluded. Even USCIS itself is not clear. In trend chart under "All other pending" its total figure for national level is 279031 till July 2009. Where as in the Excel worksheet it is 233816 till July 2009( Worksheet is produced for the time period till the December 2009 but for July to Dec 2009 all visa categories have zero value thus data is till July 2009)
So I would request you to keep patience till we get "authentic" feedback from somebody. Many people are working on this in background. If you want to see the signs they are there in many other threads including recently declared FOIA and USCIS data comparison thread published by Pappu.
We can't be just "innocently simple minded" when USCIS itself publishes different data sets at different links and start believing the only data of a particular worksheet is correct just because USCIS declared it. If you try to compare both of these trend chart and excel worksheet with the April operating performance report declared by USCIS (needhelp! has posted it on this thread) then you get into more confusion and start seeing clear discrepency.
So choice is yours , patiently watching the input of others on this thread and start contributing in analysis OR keep on doing what you are doing unnecessarily.
more...
h1techSlave
07-09 10:03 PM
Can we do a blood drive next as protest! seriously. Donate blood as protest and for media attention.
I totally support the blood donation idea. I am pretty sure, a blood donation drive would be front page news on American Red Cross web site also. It should send out a message that the GC is so important to us.
The actual collection of blood hopefully will be fully carried out by the American Red Cross.
Thanks,
h1techSlave
I totally support the blood donation idea. I am pretty sure, a blood donation drive would be front page news on American Red Cross web site also. It should send out a message that the GC is so important to us.
The actual collection of blood hopefully will be fully carried out by the American Red Cross.
Thanks,
h1techSlave
acecupid
08-21 12:28 PM
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
Dude if people are taking initiative to do something on their own, what is your problem? If you dont support the initiative you dont support it. STOP discouraging others. Everyone supports HR 5882, we all know that and will continue to support it.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
Dude if people are taking initiative to do something on their own, what is your problem? If you dont support the initiative you dont support it. STOP discouraging others. Everyone supports HR 5882, we all know that and will continue to support it.
more...
jonty_11
06-29 05:33 PM
I want to bathe in beer tonite.!!!!!!!!!!
2010 Amber Rose was spotted in West
vdlrao
01-05 12:21 AM
This is TRUE and a Very Valid One. And this the time for such a bill.
more...
glus
07-11 07:13 AM
I am happy this was already posted. My story finally got outhere.
Jakub
Jakub
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laborchic
07-10 09:09 AM
I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.
WHOA .. nows thats a good move.. way to go Nixstor.. u da best... wish I was in DC neighbourhood.
WHOA .. nows thats a good move.. way to go Nixstor.. u da best... wish I was in DC neighbourhood.
more...
ndialani
10-15 04:04 PM
Hi Rubaru,
congrats!
Did you wait for 6 months after opening the first SR?
I got that reply letter from USCIS.
Hi All,
I received the CPO email yesterday.My case details are PD : Dec 2004, 485 RD : Aug 6th 2007(I140 Filed concurrently),EB2 India.140 was approved on Tuesday.
I140 was pending from 2007.When my attorney followed up in feb this year,USCIS gave the standard reply of waiting for 6months.After that they said,they will update in 10 days.They didn't update even after that and then i moved it to premium processing on Sept 28th.
Took 2 info passes in Septembter(regd i140 mainly).First one was not of much help though the officer told my 485 is assigned to IO on Sept 8th.Second time it was different officer and she was very helpful.Tried looking why my 140 is getting delayed but she said ,if she opens my file then 485 file will go back to review queue as it is currently being reviewed by Sept 18th.So she didn't recommend doing that.I didn't open any SR after my first experience of 6 months waiting(without an result!!!)
Before 485 approval day(i.e Tuesday) i called IO TSC Center but he doesn't know anything when i mentioned that my PD is Dec 2004 & that my case is current from last month.,he told my PD is the RD of 485.I thought no point in arguing with him and hung up.After that i was preparing to send mails to Senator but got the approval before that.
Anyway,happy that it finally got approved .I am waiting on my wife's approval thought
congrats!
Did you wait for 6 months after opening the first SR?
I got that reply letter from USCIS.
Hi All,
I received the CPO email yesterday.My case details are PD : Dec 2004, 485 RD : Aug 6th 2007(I140 Filed concurrently),EB2 India.140 was approved on Tuesday.
I140 was pending from 2007.When my attorney followed up in feb this year,USCIS gave the standard reply of waiting for 6months.After that they said,they will update in 10 days.They didn't update even after that and then i moved it to premium processing on Sept 28th.
Took 2 info passes in Septembter(regd i140 mainly).First one was not of much help though the officer told my 485 is assigned to IO on Sept 8th.Second time it was different officer and she was very helpful.Tried looking why my 140 is getting delayed but she said ,if she opens my file then 485 file will go back to review queue as it is currently being reviewed by Sept 18th.So she didn't recommend doing that.I didn't open any SR after my first experience of 6 months waiting(without an result!!!)
Before 485 approval day(i.e Tuesday) i called IO TSC Center but he doesn't know anything when i mentioned that my PD is Dec 2004 & that my case is current from last month.,he told my PD is the RD of 485.I thought no point in arguing with him and hung up.After that i was preparing to send mails to Senator but got the approval before that.
Anyway,happy that it finally got approved .I am waiting on my wife's approval thought
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ZigZag
08-12 01:12 PM
Same is the case here.
Opened a SR on 10Aug2010 and got my CPO mail just today. Although I was very sceptic about following up with USCIS by opening SR etc, now I think it definitely helps. I did not get to speak to an IO or escalate my call to a supervisor, but it still worked. Until I opened SR, nothing was happening and my case status which I was checking 5-6 times a day, remained static with no LUD/HUDs.
So, my recommendation to all those whose dates are current is to at least open a SR so that someone at USCIS looks at your file. If everything is OK and the case is pre-adjudicated, then approval will come through. Also, my guess is they have already allocated a Visa number for all those cases that are current (reason- Dates did not move too much forward in September Visa Bulletin). Good luck to everyone waiting. I am sure your turn will come very soon, but at least open a SR to expedite it somehow.
Opened a SR on 10Aug2010 and got my CPO mail just today. Although I was very sceptic about following up with USCIS by opening SR etc, now I think it definitely helps. I did not get to speak to an IO or escalate my call to a supervisor, but it still worked. Until I opened SR, nothing was happening and my case status which I was checking 5-6 times a day, remained static with no LUD/HUDs.
So, my recommendation to all those whose dates are current is to at least open a SR so that someone at USCIS looks at your file. If everything is OK and the case is pre-adjudicated, then approval will come through. Also, my guess is they have already allocated a Visa number for all those cases that are current (reason- Dates did not move too much forward in September Visa Bulletin). Good luck to everyone waiting. I am sure your turn will come very soon, but at least open a SR to expedite it somehow.
more...
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krupa
04-25 01:48 PM
50% rule applicable only to an organization which has more than 50 employees.
Since most of the consulting companies employees strength is less than 50 ( I believe) the rule of 50% rule will not be applicable and they can file application till they reach 50.
Since most of the consulting companies employees strength is less than 50 ( I believe) the rule of 50% rule will not be applicable and they can file application till they reach 50.
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perm2gc
06-29 07:56 PM
Folks, first of all don't try to slam me for posting this.. Here is a note that I got from my law firm Paul Hastings.. I am subscribed to their immigration related email.. I got this today.. While this has come as a shock to me, they are still preparing to file my I485.. I did not hear this from my lawyer personally, but only through this newsletter. I will speak to them about this first thing monday morning. Please read the note entirely.. Has anybody else heard about this..
Update on Adjustment Filings for July
Yesterday, we distributed a Client Alert reporting widespread concern as to the accuracy of the Department of State's (DOS) Visa Bulletin for July 2007 and indicating the possibility that United States Citizenship and Immigration Services (USCIS) may potentially not accept adjustment of status filings for all, or a part, of July. Today, multiple reliable sources have indicated that, as early as Monday or Tuesday of next week, the DOS could issue a revised Visa Bulletin for July 2007. Most likely, some or all of the employment-based immigrant visa categories would again retrogress and may become completely unavailable. The practical impact is that USCIS would almost certainly stop accepting adjustment applications for filing if the revised Visa Bulletin indicates that immigrant visa numbers are not available.
This unexpected development would deviate from many years of agency practice. It would be devastating for companies and foreign national employees who have relied, as they are entitled to do, on the July Visa Bulletin and were anticipating the filing of adjustments throughout the month of July. We have initiated a concerted effort to aggressively address this unprecedented situation through the highest levels of the Department of Homeland Security (DHS) and the DOS. We are joined in this effort by many other organizations, and we are engaging congressional offices for assistance. Many have already agreed to speak with DHS and DOS. We will keep you updated.
i was just called by my attorney and he said same thing
Update on Adjustment Filings for July
Yesterday, we distributed a Client Alert reporting widespread concern as to the accuracy of the Department of State's (DOS) Visa Bulletin for July 2007 and indicating the possibility that United States Citizenship and Immigration Services (USCIS) may potentially not accept adjustment of status filings for all, or a part, of July. Today, multiple reliable sources have indicated that, as early as Monday or Tuesday of next week, the DOS could issue a revised Visa Bulletin for July 2007. Most likely, some or all of the employment-based immigrant visa categories would again retrogress and may become completely unavailable. The practical impact is that USCIS would almost certainly stop accepting adjustment applications for filing if the revised Visa Bulletin indicates that immigrant visa numbers are not available.
This unexpected development would deviate from many years of agency practice. It would be devastating for companies and foreign national employees who have relied, as they are entitled to do, on the July Visa Bulletin and were anticipating the filing of adjustments throughout the month of July. We have initiated a concerted effort to aggressively address this unprecedented situation through the highest levels of the Department of Homeland Security (DHS) and the DOS. We are joined in this effort by many other organizations, and we are engaging congressional offices for assistance. Many have already agreed to speak with DHS and DOS. We will keep you updated.
i was just called by my attorney and he said same thing
more...
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SunJoshi
01-01 09:00 AM
Guys,
Any idea when the new proposals will be implemented if they become law :confused: Do we have to wait until Oct for these new proposals to take effect.
--MC
mchudi,
These are very tough and partisian bills (immigration bills). This also being an election year, some lawmakers will try to puch their own agenda. Don't expect a featherbed solution. This will be a dogfight.
Any idea when the new proposals will be implemented if they become law :confused: Do we have to wait until Oct for these new proposals to take effect.
--MC
mchudi,
These are very tough and partisian bills (immigration bills). This also being an election year, some lawmakers will try to puch their own agenda. Don't expect a featherbed solution. This will be a dogfight.
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chanduv23
11-12 02:46 PM
Those who are willing to provide their denial info (no name or address - everything can be scratched - just the letter), please send PM to pd_recapturing
Those who received Ombudsman responses to send denial info - please contact pd_recapturing via a PM (private message)
Those who received Ombudsman responses to send denial info - please contact pd_recapturing via a PM (private message)
more...
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gc_wow
09-24 11:27 PM
It looks like atleast 75% of EB2 I with priority dates 2004 seems to be approved, this should bring down the count of 2004 less than 1000 may be little more than 1000.
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PD_Dec2002
06-21 08:20 AM
I cannot name any lawyers in my post, so I leave it up to you whether to treat this as serious advice or not...
My lawyer says USCIS does not allow one person to be represented in more than one 485 applications....whether the person is primary or beneficiary.
My wife's lawyer (I won't name this lawyer either) says there is no prohibition on filing multiple 485s.....however, it's just a waste of money (her opinion).
Thanks,
Jayant
My lawyer says USCIS does not allow one person to be represented in more than one 485 applications....whether the person is primary or beneficiary.
My wife's lawyer (I won't name this lawyer either) says there is no prohibition on filing multiple 485s.....however, it's just a waste of money (her opinion).
Thanks,
Jayant
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Das73
05-10 01:13 PM
It's always a good practice to take a receipt notice of any action done by your lawyer & keep that for your records.
When you apply for EAD, soon USCIS will ask you to do fingerprints(BIO-2). I think you missed that part and it might be denied or void as it was left for so long!
You can file for new EAD online at https://efiling.uscis.dhs.gov/efile/InteractionMgr?interactionmgr.interaction=SetupEfo rms×tamp=1127234762990
Create your account & you can file your self with out lawyer's assistance. It's always suggested to file EAD(I-765) & AP(I-131) jointly. You can pay by credit card.
(1) After applying online, you will receive 'Receipt notices' of EAD & AP.
(2) Now a days USCIS will set up an apointment for BIO-2 of EAD.
(3) You have to send supportive documents for Advance Parole, like photos,brief explanation of qualifying for AP...I can give you those sample formats !
Coming to I-485 BIOMETRICS, call USCIS & ask them about BIO. Go to this website & register https://egov.immigration.gov/cris/jsps/index.jsp. You must add I-485,EAD,AP & I-140 receipt numbers like LINXXXX and you will get emails when they get approved. You can also see the changes on 'LAST UPDATED' column, which means your case is touched by an officer. But it's not the confirmation of approval until status message has changed or you got an email.
Go thru these 2 links & familiarize well. Hope your I-140 has approved. Finally these are suggestions only & I am not a lawyer. Consult an immigration lawyer if you have uncanny issues.
Goo Luck.
------------------------------------------------------------------------
hi,
My lawyer filed for my EAD in April 2005. I have been working on H1 all the time and i was not aware that he filed for my EAD.
HE filed for my AP at the same time and i got it. When i asked him about EAD , he said its not required and that he did not file it.
Yesterday he mailed me a set of copies in which i found receipt notice for EAD.I checked the status and it says that my case is pending since April 2005.
There was no request for any proof or anything. It just says we mailed you notice of action and the case is pending.
I need EAD now. What should i do?
I called the USCIS and they said that it is out of processing time and filed a service request.
All my friends who filed their I-485 recently got their Biometrics notice and i didn't get any. Whats wrong with my case?
I am confused , what am i supposed to do?
Appreciate your suggestion
-------------------------------------------------------------------------
When you apply for EAD, soon USCIS will ask you to do fingerprints(BIO-2). I think you missed that part and it might be denied or void as it was left for so long!
You can file for new EAD online at https://efiling.uscis.dhs.gov/efile/InteractionMgr?interactionmgr.interaction=SetupEfo rms×tamp=1127234762990
Create your account & you can file your self with out lawyer's assistance. It's always suggested to file EAD(I-765) & AP(I-131) jointly. You can pay by credit card.
(1) After applying online, you will receive 'Receipt notices' of EAD & AP.
(2) Now a days USCIS will set up an apointment for BIO-2 of EAD.
(3) You have to send supportive documents for Advance Parole, like photos,brief explanation of qualifying for AP...I can give you those sample formats !
Coming to I-485 BIOMETRICS, call USCIS & ask them about BIO. Go to this website & register https://egov.immigration.gov/cris/jsps/index.jsp. You must add I-485,EAD,AP & I-140 receipt numbers like LINXXXX and you will get emails when they get approved. You can also see the changes on 'LAST UPDATED' column, which means your case is touched by an officer. But it's not the confirmation of approval until status message has changed or you got an email.
Go thru these 2 links & familiarize well. Hope your I-140 has approved. Finally these are suggestions only & I am not a lawyer. Consult an immigration lawyer if you have uncanny issues.
Goo Luck.
------------------------------------------------------------------------
hi,
My lawyer filed for my EAD in April 2005. I have been working on H1 all the time and i was not aware that he filed for my EAD.
HE filed for my AP at the same time and i got it. When i asked him about EAD , he said its not required and that he did not file it.
Yesterday he mailed me a set of copies in which i found receipt notice for EAD.I checked the status and it says that my case is pending since April 2005.
There was no request for any proof or anything. It just says we mailed you notice of action and the case is pending.
I need EAD now. What should i do?
I called the USCIS and they said that it is out of processing time and filed a service request.
All my friends who filed their I-485 recently got their Biometrics notice and i didn't get any. Whats wrong with my case?
I am confused , what am i supposed to do?
Appreciate your suggestion
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drona
07-13 01:27 PM
Posted by the Washington Post
WashBiz Blog
The Gandhi Protest
Several readers commented on a posting earlier this week about 200 skilled immigrants from India who tried a Gandhi-like tactic and sent flowers to the government's immigration director for help in moving their green card applications along. The U.S. Citizenship and Immigration Services forwarded the flowers to soldiers recovering at Walter Reed Army Medical Hospital, saying it understood the intent of gesture.
Here's a sample:
"I wonder if USCIS really understood why the flowers were sent. It was a symbolic protest by legal immigrants AGAINST the way USCIS treated them. How could they send it in the 'same spirit' to soldiers whom we all empathize with?"
.....
"What an inspirational act. Too bad the message did seem to have gotten lost in translation. Just imagine what would have happened in WWII if the US would have turned away the immigrating sciencists and engineers. How come some 50 years later, the US is struggling to see the value of inviting the world's best and brightest to immigrate here."
.....
"I'm sorry that these people were tricked into coming to America with the promise of a welcome and eventually a Green Card. The fact is that H1-B immigrants were brought here in order to replace US workers."
.....
"Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.
"Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
"An American way of fighting injustice 'A law suit' is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which caused this embarrassing flower campaign against them.
"It's amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Lord Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about."
By Dan Beyers | July 13, 2007; 6:00 AM ET
http://blog.washingtonpost.com/washbizblog/2007/07/protesting_by_sending_flowers.html
WashBiz Blog
The Gandhi Protest
Several readers commented on a posting earlier this week about 200 skilled immigrants from India who tried a Gandhi-like tactic and sent flowers to the government's immigration director for help in moving their green card applications along. The U.S. Citizenship and Immigration Services forwarded the flowers to soldiers recovering at Walter Reed Army Medical Hospital, saying it understood the intent of gesture.
Here's a sample:
"I wonder if USCIS really understood why the flowers were sent. It was a symbolic protest by legal immigrants AGAINST the way USCIS treated them. How could they send it in the 'same spirit' to soldiers whom we all empathize with?"
.....
"What an inspirational act. Too bad the message did seem to have gotten lost in translation. Just imagine what would have happened in WWII if the US would have turned away the immigrating sciencists and engineers. How come some 50 years later, the US is struggling to see the value of inviting the world's best and brightest to immigrate here."
.....
"I'm sorry that these people were tricked into coming to America with the promise of a welcome and eventually a Green Card. The fact is that H1-B immigrants were brought here in order to replace US workers."
.....
"Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.
"Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
"An American way of fighting injustice 'A law suit' is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which caused this embarrassing flower campaign against them.
"It's amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Lord Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about."
By Dan Beyers | July 13, 2007; 6:00 AM ET
http://blog.washingtonpost.com/washbizblog/2007/07/protesting_by_sending_flowers.html
vinurenu
05-17 05:44 PM
My husband is a physical therapist and he received the RFE for I-485
to submit the visa screenning certificate and NPTE exam results by June 13th. He will be able to submit
the visa screenning certificate only by july 2nd week.Can you please tell me is there any way he can get
sometime to submit the visa screening certificate.
Currently he is in L2 visa and the L2 visa is getting expired on June 20th, we applied for I94 extention.
I am in L1 visa and my company is asking me to goto India. So my husband can't stay in US in L2 status (after I leave).
He has to stay in US depends on the I-485 processing.
By any chance, if I-485 is denied, Pls tell me whether he can stay in US after the denial.
Do we have any timeframe to submit a new I-485 ?.
Pls provide your suggestions.
to submit the visa screenning certificate and NPTE exam results by June 13th. He will be able to submit
the visa screenning certificate only by july 2nd week.Can you please tell me is there any way he can get
sometime to submit the visa screening certificate.
Currently he is in L2 visa and the L2 visa is getting expired on June 20th, we applied for I94 extention.
I am in L1 visa and my company is asking me to goto India. So my husband can't stay in US in L2 status (after I leave).
He has to stay in US depends on the I-485 processing.
By any chance, if I-485 is denied, Pls tell me whether he can stay in US after the denial.
Do we have any timeframe to submit a new I-485 ?.
Pls provide your suggestions.
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