dsreedhar
01-04 10:56 AM
Applied for EAD and AP together (e-file at TSC center) in the last week of Nov 2010 and got the EAD card yesterday in mail. The validity period is for 2 yrs. The online status for EAD updated accordingly. However there is no status update for AP.
wallpaper Cool Stalker Wallpaper no11895
wellwishergc
04-12 07:57 AM
Thanks werc, for this posting.. It makes things very clear!!!
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.
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.
gc_on_demand
11-25 09:33 PM
This analysis based on Data provided by USCIS on Aug 25th. They have changed data under dashboard two times since but they haven't updated detail sheet online.
Also DOL performance also factors lot. If DOL starts approving labor at faster rate EB ROW categories can consume much more visas and left over will be less for EB2 India and China that can hurt analysis.
Good thing is that IV members spent time to understand 3 departments data and create a model so future analysis on updated data should be quick and may be core can post updated version of this doc frequently.
NVC has declared CP numbers in wholesome also USCIS is due to release updated backlog information soon so we can have new document sometime soon.
Also there is a very good point about spill over and how it can lead to visa wastage if DOS doesn't consider USCIS's processing time and future applications on DOL site. That may convince DOS to move forward gradually.
Also DOL performance also factors lot. If DOL starts approving labor at faster rate EB ROW categories can consume much more visas and left over will be less for EB2 India and China that can hurt analysis.
Good thing is that IV members spent time to understand 3 departments data and create a model so future analysis on updated data should be quick and may be core can post updated version of this doc frequently.
NVC has declared CP numbers in wholesome also USCIS is due to release updated backlog information soon so we can have new document sometime soon.
Also there is a very good point about spill over and how it can lead to visa wastage if DOS doesn't consider USCIS's processing time and future applications on DOL site. That may convince DOS to move forward gradually.
2011 stalker wallpaper.
neverbefore
07-14 03:13 PM
When they told me about clearance and delay, they did not keep my passport, but gave it back to me at the same time and hence, I was able to travel. they, however, canceled by previous visas. I never asked them to withdraw my H1 application.
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
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samnay
04-01 06:24 PM
Done! #10 and #11.
Good Luck!
Good Luck!
phanta
07-14 12:58 PM
- How has greencard changed your life after receiving it?
- What did you do on the day you received it?
- How did the long wait upset your life?
- How did immigrationvoice help you during this long wait?
- Would you like to continue your support to immigration voice and help others waiting?
I got my GC after 6 years of application and 10 years arrival. Initially the GC was not a goal, probably a mistake.Later on it felt like it was hampering my dreams. With the passage of some more time, realized that dreams were not really dependent on the GC, but it was a nice crutch. Getting the GC does bring about some stability brought about by the job flexibility, but the lack of one did not prevent me from changing jobs, marrying, having kids, buying a home, or searching for better opportunities. I really can't say, I lost a good opportunity because I did not have a GC, but I did use it as an excuse.
Nevertheless, not a look a gift horse in the mouth, the GC was a much awaited event and milestone. I am now officially an immigrant, and I did open a champagne bottle on that day and have a dinner out with the family.
- Any advice for everyone?
It is easy to give this, since it would no longer apply to me, nevertheless, I would advice one to plan one's life without the feeling of entitlement and the understanding that the GC in itself will not change your life by a whole lot(it will have a lot of impact for some, but on average, lives for most will go on) . The ability to take risks, plan for risks and to compromise is independent of it. If not GC, then something else will replace it. So don't fret, fume or drown in sorrow, it will happen in time, with a constant plod towards the goal.
- What did you do on the day you received it?
- How did the long wait upset your life?
- How did immigrationvoice help you during this long wait?
- Would you like to continue your support to immigration voice and help others waiting?
I got my GC after 6 years of application and 10 years arrival. Initially the GC was not a goal, probably a mistake.Later on it felt like it was hampering my dreams. With the passage of some more time, realized that dreams were not really dependent on the GC, but it was a nice crutch. Getting the GC does bring about some stability brought about by the job flexibility, but the lack of one did not prevent me from changing jobs, marrying, having kids, buying a home, or searching for better opportunities. I really can't say, I lost a good opportunity because I did not have a GC, but I did use it as an excuse.
Nevertheless, not a look a gift horse in the mouth, the GC was a much awaited event and milestone. I am now officially an immigrant, and I did open a champagne bottle on that day and have a dinner out with the family.
- Any advice for everyone?
It is easy to give this, since it would no longer apply to me, nevertheless, I would advice one to plan one's life without the feeling of entitlement and the understanding that the GC in itself will not change your life by a whole lot(it will have a lot of impact for some, but on average, lives for most will go on) . The ability to take risks, plan for risks and to compromise is independent of it. If not GC, then something else will replace it. So don't fret, fume or drown in sorrow, it will happen in time, with a constant plod towards the goal.
more...
Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
2010 Video Game - Stalker Wallpaper
gcdreamer05
07-31 11:12 AM
Hi sanbaj should the 485 RD become current or the PD should be current is enough to open the case ?
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venky08
11-19 09:56 AM
i second this.
this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
hair STALKER: Clear Sky Wallpaper
krishna-AP
11-16 10:29 PM
I am planning to move India permanently this year end,
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.
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globaldesi
04-21 07:26 PM
I want to bring out the plight of legal immigrant community that has been silently suffering the consequences of a broken immigration system. It really baffles me that all the focus in immigration debate is on ILLEGALS when highly educated LEGAL immigrants who play by the rules, pay taxes and follow the law are left in the lurch. Attending to legal immigrants plight will also send a positive signal to the ILLEGAL community to see the perks of being LEGAL. Right now, it seems more rewarding to be ILLEGAL than pursue the LEGAL route towards immigration. What an irony!
The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
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gumpena
07-02 04:24 PM
Attorney and filing fees taken care by company. For others --
Total approx - $700
Total approx - $700
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glus
06-20 07:24 AM
in short ,,they stop processing ur case once ur date rerogresses....!!!
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
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matreen
08-15 04:36 PM
Is there a way you can get me a sample letter from employer?
My private email is mateens@hotmail.com
Thanks,
M
My private email is mateens@hotmail.com
Thanks,
M
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satishku_2000
01-04 12:57 PM
I wish....;)
Think twice before what you wish for :)
Think twice before what you wish for :)
dresses S.T.A.L.K.E.R. 2 set for 2012
gcseeker2002
07-19 11:55 AM
If your COS application was approved and you didnt have to go out of US for H1B stamping I would assume your are in status.
I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
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shana04
02-12 05:14 PM
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
It does not make any sense to send a new offer letter with AC21 unless you know the right job title or job description.
you would have a safe bet once you know your job title and send a new offer letter with your current employer and AC21 letter.
I can help you if you need AC21 letter.
good luck
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
It does not make any sense to send a new offer letter with AC21 unless you know the right job title or job description.
you would have a safe bet once you know your job title and send a new offer letter with your current employer and AC21 letter.
I can help you if you need AC21 letter.
good luck
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Progressive
07-02 04:20 PM
Medical -$400
Attorney and filing fees - $5000
Attorney and filing fees - $5000
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eb3retro
07-08 05:55 PM
you still didnt answer my question, who are you and why are you here and that too sneakily...(;)). Caught you pretty good eh??
To solve the EB immigration issue, we need to focus on issues that are pertinent to the problem. How and why does it matter what my status is? I know the truth hurts, but just coz someone does not like it, does not change it. I am not giving my opinion - it's the truth.
To solve the EB immigration issue, we need to focus on issues that are pertinent to the problem. How and why does it matter what my status is? I know the truth hurts, but just coz someone does not like it, does not change it. I am not giving my opinion - it's the truth.
vamsi_poondla
09-28 01:04 AM
look the same. From those Anti_immigrant, anti-foriegn programers group. Wake up buddy you should welcome new immigrants or you and your father won't get your social security payment. That's reality. Becoz all of your children are working in either Burger Kings or McDonald's without working hard for thier degrees. And I agree they work hard on asking you if it is TO GO or for here. You want any soda?
Go Figure!
In what way this is related to the post? You need not flare up and bring all this crap if someone like cnndwag wanted to say what he felt obvious.
For me it looks like an honest mistake or intended mistake by someone who wants to get GC fast. (and getting GC in EB2 or EB1 is not a great award..it just reduces the queue). If what IV is fighting for is achieved, nobody cares to switch the categories as everybody will get their GC on time.
Go Figure!
In what way this is related to the post? You need not flare up and bring all this crap if someone like cnndwag wanted to say what he felt obvious.
For me it looks like an honest mistake or intended mistake by someone who wants to get GC fast. (and getting GC in EB2 or EB1 is not a great award..it just reduces the queue). If what IV is fighting for is achieved, nobody cares to switch the categories as everybody will get their GC on time.
illusions
02-21 05:44 PM
So now they want to revise that Q&A! ;)
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
that's more like the USCIS.:rolleyes:
Any predictions on if they might move the PD's to something more reasonable for everyone by mid march ?
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
that's more like the USCIS.:rolleyes:
Any predictions on if they might move the PD's to something more reasonable for everyone by mid march ?
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