rameshk75
02-12 03:40 PM
Thanks for the info.
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wellwishergc
04-10 09:02 PM
I agree with bharnik..
Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.
So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.
I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.
It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.
So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.
I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.
It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
pvganesh
01-05 02:58 PM
Hi Sheila Danzig,
I have an ICWA degree from India. Do you think this can support my 3+2 years education to support a EB2 case.
I have an ICWA degree from India. Do you think this can support my 3+2 years education to support a EB2 case.
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psaxena
11-02 03:00 PM
MY GC NOW AND NOW NOW NOW.. uuuuAAAAnnnn uuuuuuuuaaannnnnnnnnnnn
I want my GC now... booohhhoooooooooooooooooooo
Okie thats it, my prediction thingy done.. back to work with desi tharra.
I want my GC now... booohhhoooooooooooooooooooo
Okie thats it, my prediction thingy done.. back to work with desi tharra.
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ebizash
03-26 01:56 PM
What about H4 spouses or secondary GC applicants who are not working? How will they get DL if the DMV is asking for EVL or pay stubs?
sureshksv
04-01 05:48 PM
faxes no 10 and 11 sent
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485Mbe4001
10-24 01:25 PM
Ignore the IOs, just talk to your Senator or Congressman. They will be able to help you out. I was stuck in name check for more than 3 years. My congressman did not help but the senators office had a namecheck cell and they help out with genuine cases. The person there helped me clear my name check in 2-3 months (talk, dont email, send certified letter with details after talking to them). Had i known this earlier I would have had contacted them earlier and would have gotten my GC in June 07. My lawyer sdid not allow us to contact the IOs for information and i suffered big time because of that. Based on my experience all i can say is be proactive.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
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nemadeni
08-25 08:08 PM
Received only one year EAD .I will have to call USCIS for incorrect validity date of issued EAD.
Did anybody contact USCIS regarding 1 year validity?
Did anybody contact USCIS regarding 1 year validity?
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shana04
02-12 12:34 PM
I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.
Not received FP yet and did not call Service center for it.
Any clues? or any experienced the same.
Not received FP yet and did not call Service center for it.
Any clues? or any experienced the same.
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satdal
11-06 12:41 PM
For me, my AP was approved (along with my wife and daughter) on Oct 1st 2006. My Notice date is Sept 10th. The LUD on AP was 10/04, which said that the approval was "mailed" on 10/02. Hwoever I recd it on 10/20 and I could see that it was mailed on 10/19 from USCIS office. So, atleast for APs, even the status shows that it's been approved and mailed as well, it seems that it's not the case. It's been taking couple of weeks to get them in hand. Hopefully this info helps some people who are still waiting for APs.
I also took an Infopass appt, as we didn't recv FP notices yet. I opened a SR, but nothing so far. It looks that I may not get before I go to infopass next week.
I also took an Infopass appt, as we didn't recv FP notices yet. I opened a SR, but nothing so far. It looks that I may not get before I go to infopass next week.
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loudoggs
10-11 04:30 PM
Yeah that sucks. I have a 2004 PD as well but was lucky to get out of PBEC in Jan 2007 and was able to apply for 485 in July.
I feel for people like you who have older PDs (2001 to 2004) and missed the July-Aug window.
It is unfair that some people with recent PDs (even 2007 PDs) got to apply for 485.
Hope something works out for all old timers.
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
I feel for people like you who have older PDs (2001 to 2004) and missed the July-Aug window.
It is unfair that some people with recent PDs (even 2007 PDs) got to apply for 485.
Hope something works out for all old timers.
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
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PlainSpeak
01-13 04:46 PM
thats ok, no need of apologies. all i am asking you is to keep it to the point that you opened this thread for and discuss the options. We do not need to go into who is the guru here with so many number of postings etc..its totally irrelevant to this thread. again, when you open a thread with questions, please be prepared not to accept atleast expect different forms of opinions from different people. u have a nice evening too.
Ok what i have heard after calling Lufthansa is because of the new Schezewan (I knmow i spelled it worng) visa changes AP is no longer considered a valid visa document by Germany. It used to before but no longer and of course France, England and other countres never did. So coming back to Germany yes while travelling to and fro you need a transit visa (Direction does not make any difference because as far as Germany is concerned you are from India and you have no Valid visa to America and/or any european country so you are suspect of trying to illegally enter Germany and to avioid it you need to buy transit visa).
I myself was plannig for a trip and was trying for travle via Doha and Qatar where no transit visa is required. (Us to gluf direct flight. Gulf to any city in india) but the rates were high. If you like you can look at that opiton too. beats the hell out of going to teh german embassy and getting a transit visa. But if that is your preference go with it
All the best
Ok what i have heard after calling Lufthansa is because of the new Schezewan (I knmow i spelled it worng) visa changes AP is no longer considered a valid visa document by Germany. It used to before but no longer and of course France, England and other countres never did. So coming back to Germany yes while travelling to and fro you need a transit visa (Direction does not make any difference because as far as Germany is concerned you are from India and you have no Valid visa to America and/or any european country so you are suspect of trying to illegally enter Germany and to avioid it you need to buy transit visa).
I myself was plannig for a trip and was trying for travle via Doha and Qatar where no transit visa is required. (Us to gluf direct flight. Gulf to any city in india) but the rates were high. If you like you can look at that opiton too. beats the hell out of going to teh german embassy and getting a transit visa. But if that is your preference go with it
All the best
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newuser
07-10 11:54 AM
Well said. Why doesn't he show the contributions made by the HIGH SKILLED to the american economy.
Why don't we educate him by sending mails in writing to all the other news media organization's on a particular day - just like we did the flower campaign. Its costs less than a dollar and we can 1000's of them.
Folks, I have in the past written to Lou Dobbs directly expressing concerns with his vitriolic outbursts against Indians. He responded at length claiming the he has no disrespect or disregard for India, just that he cares about his country so much that relatively it might make the other country look worse off!
Here is what I would suggest: write to Lou and CNN producers exposing
how Lou's views:
- Are racially insensitive, slanderous to an entire community; with the risk of flaming hate crime (which is criminal offence)
- How they ignore the basic economic reality of high skilled labor's contribution and competitive advantage to the US economy and corporations
- How they ignore the basic legal reality that high skilled labor on H1B visas pay taxes, social security and medicare that goes back to the US economy
- How they tarnish the reputation of hardworking ambituous workers that are truly the only remaining link to the USA's hoary tradition of sweat equity with the hope of achieving the Great American Dream.
Basically, we need to point out that he is insulting his own country's grand traditions of democratic, legal and meritrocratic traditions by taking potshots at a defenseless community of white collar workers that are strengthening the social, economic and cultural fabric of this nation.
Of factual inaccuracy is his hallmark and his tradition. Let us counter that by reframing the context of the overall dialog so that the world see how shallow Lou Dobbs really is.
Why don't we educate him by sending mails in writing to all the other news media organization's on a particular day - just like we did the flower campaign. Its costs less than a dollar and we can 1000's of them.
Folks, I have in the past written to Lou Dobbs directly expressing concerns with his vitriolic outbursts against Indians. He responded at length claiming the he has no disrespect or disregard for India, just that he cares about his country so much that relatively it might make the other country look worse off!
Here is what I would suggest: write to Lou and CNN producers exposing
how Lou's views:
- Are racially insensitive, slanderous to an entire community; with the risk of flaming hate crime (which is criminal offence)
- How they ignore the basic economic reality of high skilled labor's contribution and competitive advantage to the US economy and corporations
- How they ignore the basic legal reality that high skilled labor on H1B visas pay taxes, social security and medicare that goes back to the US economy
- How they tarnish the reputation of hardworking ambituous workers that are truly the only remaining link to the USA's hoary tradition of sweat equity with the hope of achieving the Great American Dream.
Basically, we need to point out that he is insulting his own country's grand traditions of democratic, legal and meritrocratic traditions by taking potshots at a defenseless community of white collar workers that are strengthening the social, economic and cultural fabric of this nation.
Of factual inaccuracy is his hallmark and his tradition. Let us counter that by reframing the context of the overall dialog so that the world see how shallow Lou Dobbs really is.
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lazycis
12-20 02:10 PM
There are so many things not required by law but you have to do which if you did not do is fraud or lie by ommision. Any material change to your case which could affect the decision of USCIS in awarding you with GC should be reported and USCIS "expects" us to do that.
I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".
If it's not required by law, no court will find you guilty. I am sure the case you are talking about is not employment-based portability case.
I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".
If it's not required by law, no court will find you guilty. I am sure the case you are talking about is not employment-based portability case.
more...
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gdilla
07-27 07:50 PM
You should be able to tell by checking if your checks have cleared. I understand they may be company issued checks, as in my case, but make a friend in accounting and they will tell you. Forget HR or lawyer. That's what i did.
I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
So they call to see if USCIS may be able to lookup their case by Last name or something......
I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
So they call to see if USCIS may be able to lookup their case by Last name or something......
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gc_kaavaali
06-05 10:52 AM
I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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jonty_11
06-19 04:06 PM
in short ,,they stop processing ur case once ur date rerogresses....!!!
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neelu
04-20 03:23 AM
Me too.
I added some facts about how much I paid in SSN, Medicare, Fed and State taxes (in the last 10 years that I have been here) as well as some detail about what I'm contributing (patent pending) to this country. Another thing I mentioned was about my volunteering during the 2008 campaign (implying that I would be voting for the president's party if I ever become a US citizen in 2050 :~).
Thank you, MMJ, for taking the initiative.
I also sent my letter to WH today.
Good job MMJ.
I added some facts about how much I paid in SSN, Medicare, Fed and State taxes (in the last 10 years that I have been here) as well as some detail about what I'm contributing (patent pending) to this country. Another thing I mentioned was about my volunteering during the 2008 campaign (implying that I would be voting for the president's party if I ever become a US citizen in 2050 :~).
Thank you, MMJ, for taking the initiative.
I also sent my letter to WH today.
Good job MMJ.
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r_mistry
11-06 02:55 PM
Hi Guys -
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
gvenkat
10-31 05:37 PM
Applied online, Mailed my 485 receipt, The cover page that was generated. 2 photos, reason why I need AP.:)
arnab221
05-29 04:38 PM
They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .
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