thomachan72
11-02 03:07 PM
yep, makes sense.
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.
What happens in case of people who obtain GC through marriage and then due to some reason have to divorse? Do they have to stay married for a certain period of time?? :D:D If so how much would that be?
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.
What happens in case of people who obtain GC through marriage and then due to some reason have to divorse? Do they have to stay married for a certain period of time?? :D:D If so how much would that be?
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permfiling
04-14 02:14 AM
Check this immigration issue at
http://valleywag.gawker.com/
We have to do similar things to get our issues noticed
http://valleywag.gawker.com/
We have to do similar things to get our issues noticed
sumansk
12-20 04:40 PM
I think what he is saying demands attention by the lawyers and core members.Thing is we never know what is going on until there is some transparency. The law many times is open to suit ones needs and I suspect DOS may be doing that.
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gc_on_demand
06-12 09:58 AM
After this it will have another round of hearing on June 23rd . Which is Full Commitee. Which will makr up bill and if passes there it will send to clerk for scheduling to debate on house floor.
Before it reaches to house we need to make sure we call CHC members and other lawmakers to educate them before bill on floor.
Before it reaches to house we need to make sure we call CHC members and other lawmakers to educate them before bill on floor.
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dsva
01-11 12:39 PM
I sent the letter to the President and copy to IV on 01/08/2007.
vban2007
07-02 04:21 PM
Total 5000 USD
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Libra
07-02 04:48 PM
medicals : 350
attorney fee : 1235
Fedex :25
Photos : 30
Got bacterial infection from vaccination and visited urgent care 3 times and one time ER (200$) and lost 2 days pay.
Total: 1840
attorney fee : 1235
Fedex :25
Photos : 30
Got bacterial infection from vaccination and visited urgent care 3 times and one time ER (200$) and lost 2 days pay.
Total: 1840
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AUG2005GC
08-22 09:41 PM
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor
By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor
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gk_2000
05-12 07:15 PM
I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?
Why dont you start a campaign? What use posting on forum?
Why dont you start a campaign? What use posting on forum?
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dpp
07-19 02:48 PM
But how do one become out of status?
One way is, if he/she didn't apply for extension, thats the only way. Otherthan that pay stubs, job, bench, these will not make anybody out of status. These are all trash.
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.
One way is, if he/she didn't apply for extension, thats the only way. Otherthan that pay stubs, job, bench, these will not make anybody out of status. These are all trash.
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.
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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.
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Drifter
04-03 12:10 PM
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
Pappu,
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it 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.'"
I will keep the forum updated on any developments
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
Pappu,
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it 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.'"
I will keep the forum updated on any developments
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nrk
11-04 06:11 PM
Hi,
It is the same agent id for all of us.
I got my infopass with in 3 days. You don't need an attorneys presence in info pass.
If you go there with 2 forms of id , plus the 485 notices that is fine.
Things to ask
1. back ground check is cleared or not
2. pre adjudicated
3. Is there any other thing holding up your case.
Probably we have to give a complaint against the agent id, what ever the cases went up him he is giving the same message.
It is the same agent id for all of us.
I got my infopass with in 3 days. You don't need an attorneys presence in info pass.
If you go there with 2 forms of id , plus the 485 notices that is fine.
Things to ask
1. back ground check is cleared or not
2. pre adjudicated
3. Is there any other thing holding up your case.
Probably we have to give a complaint against the agent id, what ever the cases went up him he is giving the same message.
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jsb
01-14 11:01 AM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
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CHRAMA
04-14 08:24 PM
Thank you everyone, Just I received my I140 approval.
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drsnh123
06-19 10:50 PM
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
thanks for your opinions
Reply With Quote
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software7
04-09 02:05 PM
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
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Siboo
07-27 04:22 PM
Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!
Guys....please say....well said (pat on my own back)
Well Said Kumar, Keep it up :mad: :mad:
Guys....please say....well said (pat on my own back)
Well Said Kumar, Keep it up :mad: :mad:
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Hewa
07-07 07:33 PM
after watching it, don't forget to rate the youtube clip. :)
mhtanim
11-19 01:51 PM
I never received a transfer notice from NSC, however my wife received a transfer notice long back (some time in Sep')
Sorry for asking you so many questions. I am just trying to figure out if there is any pattern on NSC-CSC-NSC FP appointments.
Did you get a notice from CSC saying they are transferring your I-485 to NSC? If so, when was it?
Sorry for asking you so many questions. I am just trying to figure out if there is any pattern on NSC-CSC-NSC FP appointments.
Did you get a notice from CSC saying they are transferring your I-485 to NSC? If so, when was it?
apahilaj
12-03 03:28 PM
Got the same too. I git frustrated and sent out an e-mail on Friday. Not sure if I should really fill in the form. What a mess at every stage :mad:
I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...
I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...
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