mchundi
07-24 10:32 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
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BharatPremi
03-12 11:25 AM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
On your labor approval.
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
On your labor approval.
ramus
07-02 08:15 PM
Yes it is fine.. Thank you so much..
Please ask others to contribute..
Ramus,
I did that in the afternoon but the GOOGLE status is showing "In Process"
is that okay ? Here are the details :-
Order Details - Jul 2, 2007 2:22 PM EDT
Google Order #669480843461078
Thx,
Diptam
Please ask others to contribute..
Ramus,
I did that in the afternoon but the GOOGLE status is showing "In Process"
is that okay ? Here are the details :-
Order Details - Jul 2, 2007 2:22 PM EDT
Google Order #669480843461078
Thx,
Diptam
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abc
11-20 11:40 AM
5+ yrs, no promotion, pennies as salary hike(once reduced in 2001).
I have decided to break this GC CHAKRAVYUHU.
I have decided to break this GC CHAKRAVYUHU.
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masouds
02-15 04:56 PM
:mad:
Can you let me know, why US is applying this logic to 15% of EB immigrants only, while leaving it open with out any limits for FBs and Others which constitues to the major part of immigration?
Sure.
If, say, my dad was an American, I'd be an american too.
If my dad was a green card holder and I was born outside USA, I could apply for the same thing as well. Why should I be limited to the per country quota?
That was the logical answer. The Real answer is, because they have better lobbists :-)
Can you let me know, why US is applying this logic to 15% of EB immigrants only, while leaving it open with out any limits for FBs and Others which constitues to the major part of immigration?
Sure.
If, say, my dad was an American, I'd be an american too.
If my dad was a green card holder and I was born outside USA, I could apply for the same thing as well. Why should I be limited to the per country quota?
That was the logical answer. The Real answer is, because they have better lobbists :-)
amitjoey
07-05 04:38 PM
Added my $100 towards our common dreams and goals! I still vote to keep this site free for everyone's benefit. Believe me ppl will come around..took me a while but as they say better late than never!
IV you have our support! United we stand!
Paypal Confirmation Number: 8GH00265XS5850731
PD: Aug 04
RD: ????
Thanks Rohit!.
IV you have our support! United we stand!
Paypal Confirmation Number: 8GH00265XS5850731
PD: Aug 04
RD: ????
Thanks Rohit!.
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abstractvision
03-19 09:02 PM
Lets review this whole page. Assumptions...and inferences...not sure how many are true and helpful. I will abstain from commenting anything.
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Administrator2
06-11 01:35 PM
If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.
This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.
So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
Look I don't want to say this to you but I am left with no other choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment is a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.
Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?
This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.
So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
Look I don't want to say this to you but I am left with no other choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment is a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.
Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?
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gangadhargs
12-25 12:35 PM
I got my reply from USCIS today. The receipt number is NRC2008072623.
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gcnotfiledyet
02-28 02:33 PM
What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D
Expect huge government control pretty much over everything from now on. Times of big government are back. Government (read leftist like Obama) has seen the result of private investors. Healthcare is a mess, education is below par, social security/medicare is on brink, rich getting richer, poor getting worse etc.
Obama has totally different philosophy than republicans. Bill clinton said era of big govt were over. But that is about to change. In insurance / pharma sectors govt will wipe off these scumbags. Insurance companies are nothing but taking away profits for no help. There is no reason for them to exist. If you think about insurance general americans are paying 11k for family on average income of 48k. That is tax of 20%. Also add profit taking by insurance companies to increase costs, preventive care totally denied, admins taking decision instead of doctors etc. I would rather pay 10% more taxes to govt than to insurance companies.
Govt is all ready to wipe off sallie mae. There is no reason for private investors need to provide loans for students. Government should be able to make federal loans and help students. Private investors made loans to students to fund their luxuries during colleges. These essential services critical for a nation should not be used to make profit. Or else it results in what we are seeing today.
Either way there is no debate that Obama will bring more government in every sector. This will discourage investors to put their money into it. It will also mean higher taxes for average public to use these services. It can mean that country will move in direction of services provided to average Joe rather than corporations making profits. As for investors they can forget to make blind profits from wall street. They will have to fund innovation rather than profit making by abusing law (read housing crisis).
Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D
Expect huge government control pretty much over everything from now on. Times of big government are back. Government (read leftist like Obama) has seen the result of private investors. Healthcare is a mess, education is below par, social security/medicare is on brink, rich getting richer, poor getting worse etc.
Obama has totally different philosophy than republicans. Bill clinton said era of big govt were over. But that is about to change. In insurance / pharma sectors govt will wipe off these scumbags. Insurance companies are nothing but taking away profits for no help. There is no reason for them to exist. If you think about insurance general americans are paying 11k for family on average income of 48k. That is tax of 20%. Also add profit taking by insurance companies to increase costs, preventive care totally denied, admins taking decision instead of doctors etc. I would rather pay 10% more taxes to govt than to insurance companies.
Govt is all ready to wipe off sallie mae. There is no reason for private investors need to provide loans for students. Government should be able to make federal loans and help students. Private investors made loans to students to fund their luxuries during colleges. These essential services critical for a nation should not be used to make profit. Or else it results in what we are seeing today.
Either way there is no debate that Obama will bring more government in every sector. This will discourage investors to put their money into it. It will also mean higher taxes for average public to use these services. It can mean that country will move in direction of services provided to average Joe rather than corporations making profits. As for investors they can forget to make blind profits from wall street. They will have to fund innovation rather than profit making by abusing law (read housing crisis).
more...
Munna Bhai
09-19 06:14 AM
Thank you IV and all volunteers that made this rally happen. It was very well organized and I really enjoyed being part of it!!
I really liked Murthy's speech. Short and to the point. "Legal" is the key.
I also liked Mark's little comedy act.
(Wish more would have shown up to show their support, but I guess some people are content waiting 10 or more years for their GC.)
Suggestions for improvement to next time:
1. I liked that the Chinese group joined the rally, but I didn't like their speaker. He was only talking about Chinese and Indian joining forces, and then making some kind of joke about IC chips are only made by Indians and Chinese. It's ok if you want to be an Indian/Chinese-only group, it is your choice. But if you want to change something about your green cards, you will fail with that attitude. You need to attract and change things for EVERYONE, or no one will listen to you. (If you want IV to be for everyone, IV needs to be more clear on that. There are so many Indians on the forums that ppl might think it is only for Indians.)
2. Minor things... Good job on the signs(!), but there were too many of them. Half would be enough. People had trouble focus on them.
Also, keep the message short. Max a few words. No one can, in a few seconds, read a moving sign containing 4 lines of text with 5 words on each, on an unknown subject. The poor people who tried to read them looked like near-sighted old men. Short and big letters is better. "Shorter wait for legals"
rather than
"Reduce the backlog for highly-skilled legal immigrants so we can live the American dream and not wait for 10 years"
But all in all, I was amazed how well everything was planned. The state flags was a nice touch. Flowers too. Water for the participants. Great! Even the nice DC cops blocking the roads for us seemed very happy with us. Following the law is what legals do...
This is correct!! I think, too many banners will distract..great feedback
I really liked Murthy's speech. Short and to the point. "Legal" is the key.
I also liked Mark's little comedy act.
(Wish more would have shown up to show their support, but I guess some people are content waiting 10 or more years for their GC.)
Suggestions for improvement to next time:
1. I liked that the Chinese group joined the rally, but I didn't like their speaker. He was only talking about Chinese and Indian joining forces, and then making some kind of joke about IC chips are only made by Indians and Chinese. It's ok if you want to be an Indian/Chinese-only group, it is your choice. But if you want to change something about your green cards, you will fail with that attitude. You need to attract and change things for EVERYONE, or no one will listen to you. (If you want IV to be for everyone, IV needs to be more clear on that. There are so many Indians on the forums that ppl might think it is only for Indians.)
2. Minor things... Good job on the signs(!), but there were too many of them. Half would be enough. People had trouble focus on them.
Also, keep the message short. Max a few words. No one can, in a few seconds, read a moving sign containing 4 lines of text with 5 words on each, on an unknown subject. The poor people who tried to read them looked like near-sighted old men. Short and big letters is better. "Shorter wait for legals"
rather than
"Reduce the backlog for highly-skilled legal immigrants so we can live the American dream and not wait for 10 years"
But all in all, I was amazed how well everything was planned. The state flags was a nice touch. Flowers too. Water for the participants. Great! Even the nice DC cops blocking the roads for us seemed very happy with us. Following the law is what legals do...
This is correct!! I think, too many banners will distract..great feedback
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TomPlate
03-10 09:00 AM
Assume AC21 is not filed. But we change job and location, so do we need to do only address change alone. Please let me know?
more...
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feedfront
10-13 01:53 PM
Hi,
The response to my RFE reached USCIS on 10/12 at 9 am and I haven't got any online status update as of now - 10/13 1 pm EST. Should I be worried or does it generally take them some time to update their records. Just want to make sure that the RFE reached USCIS since the due date for RFE response is coming up soon.
Thanks.
If you have doc that response to RFE reached USCIS on time, then do not worry about it. It may take time to update record.
The response to my RFE reached USCIS on 10/12 at 9 am and I haven't got any online status update as of now - 10/13 1 pm EST. Should I be worried or does it generally take them some time to update their records. Just want to make sure that the RFE reached USCIS since the due date for RFE response is coming up soon.
Thanks.
If you have doc that response to RFE reached USCIS on time, then do not worry about it. It may take time to update record.
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Sunx_2004
01-24 11:31 AM
^^bump^^
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kishdam
03-14 10:15 AM
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
Yes it would be great if IV core can take up this matter with USCIS - please dont wait on administrative reforms to happen - the whole package might take time. But most of us - July07 filers - will be looking at EAD renewals soon and if USCIS delays the processing many of us would be in soup.
It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.
chandu - can you please bring this up with core (I will try to get it visibility in my state chapter). Thanks.
Yes it would be great if IV core can take up this matter with USCIS - please dont wait on administrative reforms to happen - the whole package might take time. But most of us - July07 filers - will be looking at EAD renewals soon and if USCIS delays the processing many of us would be in soup.
It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.
chandu - can you please bring this up with core (I will try to get it visibility in my state chapter). Thanks.
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prinive
02-21 10:22 AM
Thanks... But I dont think so it will happen... Any how if it happens, a bag of sugar for you...
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
more...
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snowshoe
05-08 09:54 PM
I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
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designflaw
04-09 10:59 PM
ROW moved 2 months, I will take it. If it keeps moving 2 months at a time, then my turn would come up in 3 years. Highly unlikely cause ROW PD per USCIS is expected to be in 2005/2006 by end of year. I think my PR for ROW would be pretty much catching up.
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coolmanasip
03-07 10:43 AM
Yates Memo clearly says that ability to pay should not be a factor.....read below......
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
GCard_Dream
12-13 11:37 AM
We should be able to submit this question to the lawyer's conference call organized by IV and see what's their take is on this. I wonder what the procedure is to submit the question. I have never done that before.
santb1975
12-20 07:14 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
