lazycis
12-11 02:57 PM
Send email to who ? Can you pls describe in detail what email they need to send and what reason they need to put in. My local office always says NSC is processing July cases so you should have it soon, but that "soon" has never happened. It is 160+ days since I applied.
If you haven't tried it yet, try to follow the procedure I described on the 1st page
http://immigrationvoice.org/forum/showpost.php?p=199646&postcount=3
The only reason you need is that yor EAD app is pending more than 90 days. Ask for a receipt that they followed procedures outlined in memo. They have to contact service center where your I-765 is pending and request expedite processing. You can also print federal regulations
http://a257.g.akamaitech.net/7/257/2422/26mar20071500/edocket.access.gpo.gov/cfr_2007/janqtr/pdf/8cfr274a.13.pdf
Section 274a.13(d) sets that 90 days deadline.
If you haven't tried it yet, try to follow the procedure I described on the 1st page
http://immigrationvoice.org/forum/showpost.php?p=199646&postcount=3
The only reason you need is that yor EAD app is pending more than 90 days. Ask for a receipt that they followed procedures outlined in memo. They have to contact service center where your I-765 is pending and request expedite processing. You can also print federal regulations
http://a257.g.akamaitech.net/7/257/2422/26mar20071500/edocket.access.gpo.gov/cfr_2007/janqtr/pdf/8cfr274a.13.pdf
Section 274a.13(d) sets that 90 days deadline.
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oldschool
08-15 09:28 AM
Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
chanduv23
09-19 04:07 PM
Not entirely true, I switched job a couple of months ago - filed for AC21. I got an acknowledgment from USCIS for the same - stating that it will be added to my file, to be reviewed when my application is processed.
Well both are true - but most cases do not reach the file.
Well both are true - but most cases do not reach the file.
2011 and Depleted Uranium that.
sargon
08-24 03:53 PM
A lot of people seem to be saying this. It seems e-filing AP usually triggers a new FP notice. If this true then it will certainly delay things. We would be better off filing AP by paper.
What does everybody say?
I don't know if this question has been asked before. Is there a benefit for filing AP by paper rather then electronically. I filed EAD by paper to TCS and got the "Card Production Ordered" email yesterday (in 14 days) for myself and my wife. My friends who efiled just received finger printing appointment notification and no receipts. Is there same benefit with AP? Please calrify.
What does everybody say?
I don't know if this question has been asked before. Is there a benefit for filing AP by paper rather then electronically. I filed EAD by paper to TCS and got the "Card Production Ordered" email yesterday (in 14 days) for myself and my wife. My friends who efiled just received finger printing appointment notification and no receipts. Is there same benefit with AP? Please calrify.
more...
ameryki
08-26 05:46 PM
i just saw this on sahara one..the commisioner of DOT of NJ is a desi.....
hiralal
08-11 05:51 AM
I know EB / India would be disappointed but somehow it seems that this is a genuine bulletin - the reason is that family category dates have moved. I wish USCIS would have a exact date when they would release their bulletin
more...
GCKaMaara
05-29 04:15 PM
I think we (IV) should rethink about this and support it.
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kumara121
04-19 01:01 PM
What can Obama do when most of the Republicans are dead against the immigration reform. They didn't allow their own party president to pass the CIR. Do you think they will allow Obama to do it?
more...
rexjamla
07-19 10:07 AM
EB3/FEDEX delivered on 02-Jul-07 at 10:25 am
hair ABOUT #39;DEPLETED URANIUMquot;
axp817
06-09 07:03 PM
I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
Logiclife,
I have been reading your posts for a long time now, and looking at your signature, and your views on legal, responsible firearm ownership, I have to say that your forum handle is very appropriate.
My respect for you (which was already very high) just went up 10 fold.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
Logiclife,
I have been reading your posts for a long time now, and looking at your signature, and your views on legal, responsible firearm ownership, I have to say that your forum handle is very appropriate.
My respect for you (which was already very high) just went up 10 fold.
more...
javadeveloper
12-31 03:05 PM
How can you judge God's intentions when you don't know Him? Can you prove that God does not exist?
I prayed god to get my GC before 2008.If God really exists I'll get my GC in 2008.If not it's a proof that God doesn't exists.
I'll have to wait for few more hours to prove.
I prayed god to get my GC before 2008.If God really exists I'll get my GC in 2008.If not it's a proof that God doesn't exists.
I'll have to wait for few more hours to prove.
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roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
more...
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homerli
08-11 09:13 AM
You don't need to worry.
Your PD will be current in Oct or Nov for sure. With the current way of USCIS handling visas, there will be no big retrogress or big advance. Oct bulletin will stay the same or move forward.
Very Disappointment for me.....as i missed it with couple of days.
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
I'm not sure if they are going to move dates in Oct or not...
Your PD will be current in Oct or Nov for sure. With the current way of USCIS handling visas, there will be no big retrogress or big advance. Oct bulletin will stay the same or move forward.
Very Disappointment for me.....as i missed it with couple of days.
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
I'm not sure if they are going to move dates in Oct or not...
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rameshvaid
03-15 09:57 PM
Thank you for all quick replies.
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
In Ohio expungement can be done after 12 months and I neither know which state you are in nor I know the rules of any other state. The best bet is talk to a good criminal attorney. You are stuck with this case for quite some time and u need to talk to a good attorney.
Good Luck..
RV
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
In Ohio expungement can be done after 12 months and I neither know which state you are in nor I know the rules of any other state. The best bet is talk to a good criminal attorney. You are stuck with this case for quite some time and u need to talk to a good attorney.
Good Luck..
RV
more...
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Norristown
11-29 07:15 PM
I have a different situation.
My EAD was sent back to USCIS beacuse they forgot to include apt#.
I called USCIS and they rectified the error told me that they will resend it again.
I have got the I765 receipt but not EAD card.
I called them again, they sent me letter saying that they will consider this case as lost in mail beacuse they did not get the returned EAD from poast office.
USCIS sent me a letter asking me to apply again.
DO I need to pay fee for that? It was mistake from USCIS side they have address wrong!
Does any body know what to do?
My EAD was sent back to USCIS beacuse they forgot to include apt#.
I called USCIS and they rectified the error told me that they will resend it again.
I have got the I765 receipt but not EAD card.
I called them again, they sent me letter saying that they will consider this case as lost in mail beacuse they did not get the returned EAD from poast office.
USCIS sent me a letter asking me to apply again.
DO I need to pay fee for that? It was mistake from USCIS side they have address wrong!
Does any body know what to do?
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cjagtap
07-22 09:53 AM
Pd-april2004
Approved 140
485 Application Reached On 2 Nd July At 10:23 Am At Tsc
No Check Cashed Yet
No Response From Uscis Yet
My Guess-1 More Wk
Hope They Cash The Ckeck Before August 1 St Wk,so That We Do Not Have To Send Another Application Just To Be On A Safer Side
Anyone Is Planning To Send Other Application If Do Not Hear Anything From Uscis?
Approved 140
485 Application Reached On 2 Nd July At 10:23 Am At Tsc
No Check Cashed Yet
No Response From Uscis Yet
My Guess-1 More Wk
Hope They Cash The Ckeck Before August 1 St Wk,so That We Do Not Have To Send Another Application Just To Be On A Safer Side
Anyone Is Planning To Send Other Application If Do Not Hear Anything From Uscis?
more...
makeup generates Depleted Uranium
smuggymba
04-19 06:54 PM
Politicians always want to keep issues alive! If issues go away, there is nothing to fight, nothing to talk in the elections; without issues you cannot get "bulk" support from any specific group! So, the so called CIR will remain a "perpetual carrot". It will never happen in our life time.
We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!
I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:
1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]
2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!
3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!
4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations
5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together
So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!
Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?
Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!
How is the CIR even relevant in our case? Did we do anythng illegal????
What are we all waiting for? ~ ~ ~
Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)
Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.
When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"
Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!
If we are expecting miracles, we are chasing a mirage!!!
May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!
There was no country cap when Reagan gave amnesty in 1986.
We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!
I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:
1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]
2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!
3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!
4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations
5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together
So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!
Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?
Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!
How is the CIR even relevant in our case? Did we do anythng illegal????
What are we all waiting for? ~ ~ ~
Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)
Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.
When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"
Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!
If we are expecting miracles, we are chasing a mirage!!!
May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!
There was no country cap when Reagan gave amnesty in 1986.
girlfriend Depleted Uranium
shana04
02-23 04:09 PM
As far as I know, if you filed for 485 and crossed 180 days after that with the same employer
Chandu, this is what I want to get answer from IV or Attorneys who are helping IV or IV can get clarifications from USCIS. how many are with same employers. We have many who lost jobs in between changed employer using h1 or EAD. changed jobs with EAD (so not a problem becuase they have used EAD)
problem is only for those who were on h1 and lost job, in between they are on bench for 1 or more than 1month.
If you manage to find a job pretty quick, then you can go for h1b transfer and it should not be an issue, but if it is taking time, then you may have issues
Then what?
If you manage to find a job pretty quick, then you can go for h1b transfer and it should not be an issue, but if it is taking time, then you may have issues with transfer because you may not have paystubs, but technically, you are legally allowed to stay because a decision on your 485 has not yet been made and before a decision is made look for a new job in same or similar criteria.
when you said technically, but you did not say one is OK and there is no supporting documentation or link
I guess you can understand from where I am coming.
Chandu, this is what I want to get answer from IV or Attorneys who are helping IV or IV can get clarifications from USCIS. how many are with same employers. We have many who lost jobs in between changed employer using h1 or EAD. changed jobs with EAD (so not a problem becuase they have used EAD)
problem is only for those who were on h1 and lost job, in between they are on bench for 1 or more than 1month.
If you manage to find a job pretty quick, then you can go for h1b transfer and it should not be an issue, but if it is taking time, then you may have issues
Then what?
If you manage to find a job pretty quick, then you can go for h1b transfer and it should not be an issue, but if it is taking time, then you may have issues with transfer because you may not have paystubs, but technically, you are legally allowed to stay because a decision on your 485 has not yet been made and before a decision is made look for a new job in same or similar criteria.
when you said technically, but you did not say one is OK and there is no supporting documentation or link
I guess you can understand from where I am coming.
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ravi.shah
03-10 10:42 AM
Next time someone questions IV's efforts, I am going to bluntly ask them if they contributed or came for the advocacy day event. If they did neither, we do not need their 2 cents of free comments.
I would again suggest to go for paid Forum for everyone. Treat desi's like desi's.
Free means one gets all kinds of public answers hindering IV's efforts.
Dont mean to start the same conversation again, but Pappu - do give it a thought.
Thanks.
I would again suggest to go for paid Forum for everyone. Treat desi's like desi's.
Free means one gets all kinds of public answers hindering IV's efforts.
Dont mean to start the same conversation again, but Pappu - do give it a thought.
Thanks.
gc_bulgaria
10-04 08:12 PM
Yes, things have improved now in the chapter - we have extremely dedicated members - and we are all buddies - there is a new energy in this chapter.
The Tri State area has a huge potential and we must tap it.
Thanks for your support. Please help me bump this thread :)
If 50+ people make it to Maya - we will ask the manager to give 3 for 1 happy hour :)
Now I am definitely in! :D Haven't still heard back from the travel coordinator but requested the flight to be moved to Saturday. So you will have representation from Louisiana!
The Tri State area has a huge potential and we must tap it.
Thanks for your support. Please help me bump this thread :)
If 50+ people make it to Maya - we will ask the manager to give 3 for 1 happy hour :)
Now I am definitely in! :D Haven't still heard back from the travel coordinator but requested the flight to be moved to Saturday. So you will have representation from Louisiana!
rameshvaid
03-15 09:57 PM
Thank you for all quick replies.
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
In Ohio expungement can be done after 12 months and I neither know which state you are in nor I know the rules of any other state. The best bet is talk to a good criminal attorney. You are stuck with this case for quite some time and u need to talk to a good attorney.
Good Luck..
RV
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
In Ohio expungement can be done after 12 months and I neither know which state you are in nor I know the rules of any other state. The best bet is talk to a good criminal attorney. You are stuck with this case for quite some time and u need to talk to a good attorney.
Good Luck..
RV
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