cse_us
08-28 06:23 PM
My current EAD expires this Friday. I e-filed on May 5th. Infopass after 90 days did not help. They approved my expedite request on 19th and said I should hear something in 14 days which is another 5-6 days.
I did contact my Senator (Cornyn) who actually offers to help with time-sensitive problems with federal agencies. This was about 2 weeks ago, even before I submitted my expedite request. I'm going to give them a call tomorrow to see if they have heard anything.
Despite all my attempts, nothing happened at NSC. The last resort, Local Congressman helped. The staff did an excellent job, resolved the issue in a matter of hours. Not only my EAD was approved right away, they also arranged a Letter indicating that my case was approved, so that I can present it to my HR.
Before I called the congressman's office, I did have very little or no hope, as I went thru many things. This is a very happy ending.
Thanks, and if anyone in the same boat, pls try all your options.
Good Luck
I did contact my Senator (Cornyn) who actually offers to help with time-sensitive problems with federal agencies. This was about 2 weeks ago, even before I submitted my expedite request. I'm going to give them a call tomorrow to see if they have heard anything.
Despite all my attempts, nothing happened at NSC. The last resort, Local Congressman helped. The staff did an excellent job, resolved the issue in a matter of hours. Not only my EAD was approved right away, they also arranged a Letter indicating that my case was approved, so that I can present it to my HR.
Before I called the congressman's office, I did have very little or no hope, as I went thru many things. This is a very happy ending.
Thanks, and if anyone in the same boat, pls try all your options.
Good Luck
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sunnyg
07-16 10:15 AM
I am from Columbus, Oh. I tried joining the OH chapter but couldn't get any reply. Do you know whom I should give a personal message? Also I am ready to meet or do a conference call to see if we can meet a representative or senator if possible because I see that many people here from Ohio.
svr_76
01-14 06:00 PM
`(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section
This ia a dangerous clause. So basically, an unlawfull alien residing in US for past 5 years gets change his status to PR, moreover he is not restricted by the per country limit he can go from filing I-485 to get a Visa number allotted to him practically overnight..and not having to wait like folks from India or China ....
I dont think this bills has anything favourable to legal immigrants... It better to apply as the other category ....
This ia a dangerous clause. So basically, an unlawfull alien residing in US for past 5 years gets change his status to PR, moreover he is not restricted by the per country limit he can go from filing I-485 to get a Visa number allotted to him practically overnight..and not having to wait like folks from India or China ....
I dont think this bills has anything favourable to legal immigrants... It better to apply as the other category ....
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LostInGCProcess
01-15 03:02 PM
whome do you want to kill buddy?
I wonder if you ever came across a word called "protection" or "self-defense". If one owns a gun does that mean he intends to kill someone? And I know you are not being funny here (as your name suggests) :)
I wonder if you ever came across a word called "protection" or "self-defense". If one owns a gun does that mean he intends to kill someone? And I know you are not being funny here (as your name suggests) :)
more...
smmakani
04-11 07:00 PM
I really appreciate the core team and other active members for their work and dedication.
ganguteli
03-22 11:39 PM
As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)
You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)
You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.
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nk2
06-13 10:32 PM
I don't think it will make a huge amount of difference. The visa loss is due to lack of manpower in processing applications. Now there will be even more applications and presumably no extra hands to approve them.
You can change your signature now - no more waiting:)
You can change your signature now - no more waiting:)
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mantric
06-29 02:56 AM
bluez25,
thanks for the detailed post.
a question: after 140 approval, does the service center notify you of the approval and send you a copy, or do you only hear next from the NVC ? I'm waiting on my 140/CP filing for the last two weeks and getting a little anxious. Also when can one call up the NVC to confirm that they've received the file ? thanks a lot.
----
QUOTE=bluez25]Guys,
There seems to be little outdated information on this forum.
1. We can not apply for the medicals if you have opted for the CP. You have to do medicals only in the place where your case will be transfered from NVC.
example: If your case is transferred to Chennai consulate. you have to do your medicals in chennai from the list of doctors they provide.
2. Once your I 140 gets approved, your application will be transferred to the NVC for further processing if you opted for the CP.
3. Once NVC receives the approved 140 it will then notify the attorney or yourself with Fee bills to be paid.
4. Once you send the cachiers check for the CP processing, NVC receives the same and send the Packet 3 which is the FORM DS 230 Part 1 to the attorney of records.
5. Once you receive the DS 230 Part 1, you will have to fill that and send it back to NVC.
6. NVC complets the proccessing and will keep the file at NVC until the Priority dates become current.
7. Once it becomes current, NVC forwards the case to the respective consulate for further processing and scheduling of appointments.
8. once the consulate receives the same depending on their appoinment schedule will schedule an appoinment and will go on from there.... issuing the visa..
With Respect to me...
My 140 got approved in jan 2007,
sent to NVC in march
NVC sent the fee bill in April
Sent the bills back to NVC in April.
Received packet 3 DS 230 part 1 in May 2007
sent the filled out form in May 2007,
NVC forwarded the case to chennai consulate on June 5th
Waiting to get any news from chennai consulate.....
Hope this clarifies every one in this forum[/QUOTE]
thanks for the detailed post.
a question: after 140 approval, does the service center notify you of the approval and send you a copy, or do you only hear next from the NVC ? I'm waiting on my 140/CP filing for the last two weeks and getting a little anxious. Also when can one call up the NVC to confirm that they've received the file ? thanks a lot.
----
QUOTE=bluez25]Guys,
There seems to be little outdated information on this forum.
1. We can not apply for the medicals if you have opted for the CP. You have to do medicals only in the place where your case will be transfered from NVC.
example: If your case is transferred to Chennai consulate. you have to do your medicals in chennai from the list of doctors they provide.
2. Once your I 140 gets approved, your application will be transferred to the NVC for further processing if you opted for the CP.
3. Once NVC receives the approved 140 it will then notify the attorney or yourself with Fee bills to be paid.
4. Once you send the cachiers check for the CP processing, NVC receives the same and send the Packet 3 which is the FORM DS 230 Part 1 to the attorney of records.
5. Once you receive the DS 230 Part 1, you will have to fill that and send it back to NVC.
6. NVC complets the proccessing and will keep the file at NVC until the Priority dates become current.
7. Once it becomes current, NVC forwards the case to the respective consulate for further processing and scheduling of appointments.
8. once the consulate receives the same depending on their appoinment schedule will schedule an appoinment and will go on from there.... issuing the visa..
With Respect to me...
My 140 got approved in jan 2007,
sent to NVC in march
NVC sent the fee bill in April
Sent the bills back to NVC in April.
Received packet 3 DS 230 part 1 in May 2007
sent the filled out form in May 2007,
NVC forwarded the case to chennai consulate on June 5th
Waiting to get any news from chennai consulate.....
Hope this clarifies every one in this forum[/QUOTE]
more...
maddipati1
08-22 07:48 PM
May be u guys can quote this report
http://www.kauffman.org/items.cfm?itemID=906
http://www.kauffman.org/items.cfm?itemID=906
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styrum
02-09 02:24 PM
I couldn't really find any information about the appeal process on the LC once it is denied. the ironic thing is that my first LC was approved then after I got promoted to a senior position and applied for a second LC, the 2nd LC was denied because they think there is no difference between the 1st and 2nd position. does the DOL have an automatic system that processes the LC and that why it coudn't see the difference between the 2 positions??
where can i find more info about the appeal process?? any links to go to??
Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks
The appeal process is described in PERM regulations:
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf
4-6 months that's what I heard from an attorney. The reason I am preparing 2nd filing is that the chance of approval of my first PERM on appeal is slim. Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"
where can i find more info about the appeal process?? any links to go to??
Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks
The appeal process is described in PERM regulations:
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf
4-6 months that's what I heard from an attorney. The reason I am preparing 2nd filing is that the chance of approval of my first PERM on appeal is slim. Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"
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desidas
02-04 05:27 PM
Logiclife,
Please review this thread:
http://immigrationvoice.org/forum/showthread.php?t=17061&page=3
What are your thoughts now?
See how this guy is harassed at POE with AP travel.
Please review this thread:
http://immigrationvoice.org/forum/showthread.php?t=17061&page=3
What are your thoughts now?
See how this guy is harassed at POE with AP travel.
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coolstonesa
03-28 12:13 PM
Looks like you forgot the intense pain of what you claim to be "agonizing 5 years" in no time. If DOL were so particular in doing things on time and keeping up their promises then it wouldn't have taken 5 years for your labor to clear. With all due respect, please stop telling us about DOL deadline...it holds no ground.
We understand Immigration Reform Bills being discussed currently and the need to focus on them...however, only thing we (BEC victims) are trying to put across is that if someone from IV does get the opportunity to speak infront of the congress, please don't forget to highlight the BEC mess (PBEC in particular). Labor certification backlog is one big part of the whole broken immigration system. It can not be isolated. Even if it is administrative problem we need the lawmakers attention to get it fixed.
Ladies & Gentlemen
I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.
But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.
Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.
There are many others issues we can lobby for such as
1) Starting H1B stamping inside the US again( Which was stopped in 2005)
2) Allow H1B spouses to work. etc etc
But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.
thanks
babu.
We understand Immigration Reform Bills being discussed currently and the need to focus on them...however, only thing we (BEC victims) are trying to put across is that if someone from IV does get the opportunity to speak infront of the congress, please don't forget to highlight the BEC mess (PBEC in particular). Labor certification backlog is one big part of the whole broken immigration system. It can not be isolated. Even if it is administrative problem we need the lawmakers attention to get it fixed.
Ladies & Gentlemen
I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.
But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.
Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.
There are many others issues we can lobby for such as
1) Starting H1B stamping inside the US again( Which was stopped in 2005)
2) Allow H1B spouses to work. etc etc
But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.
thanks
babu.
more...
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gcgamble
08-15 10:35 AM
From everything I've read before, it is safe to stay with the sponsoring employer for at least 6 mos.
There have to be extenuating circumstances to leave earlier than that, and be prepared to elaborate during the citizenship interview.
Citizenship is going to happen only after 5 years . But by then it would be long time gone .
the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?
There have to be extenuating circumstances to leave earlier than that, and be prepared to elaborate during the citizenship interview.
Citizenship is going to happen only after 5 years . But by then it would be long time gone .
the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?
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garybanz
11-29 05:11 PM
No need to fill another form.
Thank you!
Thank you!
more...
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kks_sundar
05-07 12:13 PM
I have citizenship already. I am just waiting for GC:)
My parents are getting old. I am going back in 3 years. Heard from friends, earn enough and go. There will never be enough.
Almost, all of us started here from Nothing. Now we have atleast something to start with. Yes there is always things for Pros and Cons.
I am not worried about GC. Waiting for a good opportunity to jump back to India.
It will be really nice if I can get work from home job from US and settle down in a hill side with nice estate in India. :cool:
My parents are getting old. I am going back in 3 years. Heard from friends, earn enough and go. There will never be enough.
Almost, all of us started here from Nothing. Now we have atleast something to start with. Yes there is always things for Pros and Cons.
I am not worried about GC. Waiting for a good opportunity to jump back to India.
It will be really nice if I can get work from home job from US and settle down in a hill side with nice estate in India. :cool:
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DSLStart
09-05 01:20 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
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gc_lover
01-12 01:07 PM
I want to contribute and ready to send check. Where should I mail the check?
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lazycis
08-15 02:06 PM
The USCIS is required by regulations to issue a temporary EAD if they cannot process extension in 90 days. They, however, do not issue temporary EAD anymore in violation of the regulations. So if more than 90 days passed and you are still waiting, take an infopass and request IO to call service center where EAD is pending and request to follow procedures outlined in the USCIS memo
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
(print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.
Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
• CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
o Form I-765 remains unadjudicated
o Biometrics have been captured—if not, refer to ASC
• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
• Provide Notice to applicant acknowledging status inquiry.
Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
(print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.
Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
• CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
o Form I-765 remains unadjudicated
o Biometrics have been captured—if not, refer to ASC
• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
• Provide Notice to applicant acknowledging status inquiry.
Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.
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coolvigo
07-09 01:18 PM
FOlks,
All those who have not send the flowers....please do so.....
Aaj nahin uthogey toh kab uthogey....
JUST DO IT !!!!
All those who have not send the flowers....please do so.....
Aaj nahin uthogey toh kab uthogey....
JUST DO IT !!!!
WithoutGCAmigo
06-18 10:52 AM
Can't believe this happening
jonty_11
06-28 12:36 PM
It would be great to have premium processing for 485s instead now that visa nos are available. Now now ... i know thats wishful thinking but think about it-could save a lot of time and money over EAD/AP/FP renewals. But then again hurts their income stream thats why they wont do it :((
why would it hurt their income stream...when theyll charge u rpremium fees for fast 485 processing..it will be cash in teh bag in the first go rather than waiting over the years for EAD/AP renewals.
why would it hurt their income stream...when theyll charge u rpremium fees for fast 485 processing..it will be cash in teh bag in the first go rather than waiting over the years for EAD/AP renewals.
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