dtekkedil
07-03 12:11 PM
Wouldn't hurt!
Is there any way that we can easily let people see the link and the message etc? Instead of quoting it on every page?
Is there any way that we can easily let people see the link and the message etc? Instead of quoting it on every page?
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sam2006
08-30 05:10 PM
Hi Lisap
How come you have EAD card even before the Checks have been cashed?
i thought Uscis first cashes the checks
thanks
FYI I received my EAD card this morning!!! I know yours are all coming soon! It never updated online it just said that the approval notice was sent- it never said card ordered.
How come you have EAD card even before the Checks have been cashed?
i thought Uscis first cashes the checks
thanks
FYI I received my EAD card this morning!!! I know yours are all coming soon! It never updated online it just said that the approval notice was sent- it never said card ordered.
sirinme
01-24 06:01 PM
Any time your job responsibilities change on paper, that could be a risky proposition, I think. An architect's role is a lot different from that of a programmer analyst. So unless the original job description for programmer analyst is too broad in its wording, you might be in for trouble.
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
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amitkhare77
08-07 03:44 PM
EAD (Renewal)
Service center: TSC
Mail Date - 31st Jul
Received - 4th Aug
Check cashed & LUD - 7th Aug
EAD Expiring - 25th Oct
Work Auth - EAD
I also filled G-28 for and sent AC21 with EAD renewal. The LUD is updated for all applications (i.e. I-485, I-140, previous I765 and I-131). Does this mean they changed the attorney representation in all previously approved cases?
Service center: TSC
Mail Date - 31st Jul
Received - 4th Aug
Check cashed & LUD - 7th Aug
EAD Expiring - 25th Oct
Work Auth - EAD
I also filled G-28 for and sent AC21 with EAD renewal. The LUD is updated for all applications (i.e. I-485, I-140, previous I765 and I-131). Does this mean they changed the attorney representation in all previously approved cases?
more...
a_tyagi26
01-30 03:19 PM
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
or if you are not getting paid you can complain to labor department. Your employer is that body shopper and he should pay you for the period of your h1. He has proved that he has capacity to pay you by filing for LCA and h1b. you having a project was never a condition for you getting paid from your employer. complain to labor department or USCIS if you are not getting paid.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
or if you are not getting paid you can complain to labor department. Your employer is that body shopper and he should pay you for the period of your h1. He has proved that he has capacity to pay you by filing for LCA and h1b. you having a project was never a condition for you getting paid from your employer. complain to labor department or USCIS if you are not getting paid.
apahilaj
11-06 02:23 PM
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
more...
Ramba
04-20 03:50 PM
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
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apahilaj
08-08 03:40 PM
I am in the same boat. I got Notice welcoming new PR email on 8/5 and nothing after that.
Man Parag, I remember you and me were struggling together for our biometrics appointment and now, here we are again struggling to get a damn approval email..:)
Anyways, good luck to all of us here - waiting game never ends!
Man Parag, I remember you and me were struggling together for our biometrics appointment and now, here we are again struggling to get a damn approval email..:)
Anyways, good luck to all of us here - waiting game never ends!
more...
cjain
11-01 05:18 PM
pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
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mnq1979
09-23 01:52 PM
Hi mnq1979,
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx
more...
buddyinsd
08-25 05:04 PM
I'm guessing ppl who got LUDs recently (mostly on 21st) have been assigned visa numbers which are going to be released only nxt month and they will be approved only in the beginning of Sept.
Visa numbers for this month have been used up. And going by the # of ppl who got LUDs even if they were not current, my assumption is that their applications were in the same box as the ones who were current and it was a mass update. I think come Sept, they're going to take all applications out of the "LUD Boxes" and sort out only those who are current and start approving them.
Again, its all assumptions...Nobody knows for sure whats going on...
Visa numbers for this month have been used up. And going by the # of ppl who got LUDs even if they were not current, my assumption is that their applications were in the same box as the ones who were current and it was a mass update. I think come Sept, they're going to take all applications out of the "LUD Boxes" and sort out only those who are current and start approving them.
Again, its all assumptions...Nobody knows for sure whats going on...
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saimrathi
07-03 11:40 AM
Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
Lets see if July 9 will do as much to Emilio as July 2 did to the GC aspirants...
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
Lets see if July 9 will do as much to Emilio as July 2 did to the GC aspirants...
more...
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sam2006
08-24 07:11 PM
July 3rd R.Williams 7.44 AM NSC
140 Approved TSC
LUD 07-28
No CC
NO RN
my guess: Look at TSC Processing dates
140 Approved TSC
LUD 07-28
No CC
NO RN
my guess: Look at TSC Processing dates
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MeraNaamJoker
08-27 04:25 PM
GC comes with a 'sleeve' to keep the card safely. The pouch in the sleeve have special silver lining to prevent 'de-magnetisation' over the period. Please, take due care as its not easy to get replacement.
I was advised so, at SSA. As I was about to put the card in my wallet (Ya, I went to SSA to update my ssn) gentleman at the window interrupted me. I thought I should share this small tip with IVian fella.
Good luck to everyone !!
Thanks buddy,
What is the procedure to the SSA update?
My family do not have SSA? I need to apply for them as well.
I was advised so, at SSA. As I was about to put the card in my wallet (Ya, I went to SSA to update my ssn) gentleman at the window interrupted me. I thought I should share this small tip with IVian fella.
Good luck to everyone !!
Thanks buddy,
What is the procedure to the SSA update?
My family do not have SSA? I need to apply for them as well.
more...
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abq_gc
08-18 01:18 PM
This issue cannot be solved through Lawsuit. What are the other alternatives?
What are reasons .. as to why it cant be solved by lawsuit ?? Are u afraid that they might stop processing any I-485 applications for EB2-I until the lawsuit gets resolved ??
What are reasons .. as to why it cant be solved by lawsuit ?? Are u afraid that they might stop processing any I-485 applications for EB2-I until the lawsuit gets resolved ??
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satishku_2000
07-08 06:43 PM
I have a question , if someone want to answer it.
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
Your company does not file adjusment of status (AOS), you file the AOS for you and your dependents ... we are not talkin about labor and 140 here we are talkin about 485 .. Your employer or lawyer does not undergo vaccinations and medical tests ...
You should ask your lawyer about "due process under law" in american constitution ...
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
Your company does not file adjusment of status (AOS), you file the AOS for you and your dependents ... we are not talkin about labor and 140 here we are talkin about 485 .. Your employer or lawyer does not undergo vaccinations and medical tests ...
You should ask your lawyer about "due process under law" in american constitution ...
more...
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velan
06-26 01:01 PM
Guys
Guys don't talk about what undocumented workers are going to get, every one has their own story. Instead of comparing like they are going to get these and those, we need to concentrate on what we want. We don't even need to spend lot of time to discuss in this forum about what undocumented workers are going to get, nobody knows when they will get these privileges. In USA you don't get anything that easily, you have to work hard to earn it.
We need to concentrate on IV goals to remove the retrogression and backlog elimination by spreading IV its agenda to our friends to get more funds and members. I believe this approach will help us to achieve our goals, instead talking about about legal vs. illegal.
Guys don't talk about what undocumented workers are going to get, every one has their own story. Instead of comparing like they are going to get these and those, we need to concentrate on what we want. We don't even need to spend lot of time to discuss in this forum about what undocumented workers are going to get, nobody knows when they will get these privileges. In USA you don't get anything that easily, you have to work hard to earn it.
We need to concentrate on IV goals to remove the retrogression and backlog elimination by spreading IV its agenda to our friends to get more funds and members. I believe this approach will help us to achieve our goals, instead talking about about legal vs. illegal.
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diljit123
08-20 07:28 PM
Guys:
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
I suspect you are right. Even my lawyer kept the memo ready sent it out on Aug 01 requesting a FP notice and instead i get a "card production" email. The lawyer had indicated that these memo do result in case movement and not many take advantage of the possibility.
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
I suspect you are right. Even my lawyer kept the memo ready sent it out on Aug 01 requesting a FP notice and instead i get a "card production" email. The lawyer had indicated that these memo do result in case movement and not many take advantage of the possibility.
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espoir
07-11 12:43 PM
yes lets put the burning act aside. Also it should be clear in the rallies that it is LEGAL immigration that we are talking. I still see some comments on the news stories. "All Illegals should be sent away"
My point is that any time we talk about immigration, common people think illegal as thats the only side they are exposed to.
---
Nah, we have better things to do than burn something.
Also, we don't want to add to the already hot weather in California and to global warming at large. We need cool ideas not hot headed remarks. :)
My point is that any time we talk about immigration, common people think illegal as thats the only side they are exposed to.
---
Nah, we have better things to do than burn something.
Also, we don't want to add to the already hot weather in California and to global warming at large. We need cool ideas not hot headed remarks. :)
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Canadian_Dream
07-08 09:07 PM
Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
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