bsbawa10
12-07 04:01 PM
. but I do believe that all these delays are intentional, squarely aimed at making the lives of to-be immigrants so miserable that that they have no choice but to leave.
I think, it is a combination of three things.
1. Laziness
2. No Accountability
2. Bad intentions ...as you mentioned
In my job, I am a software trainer. I teach hundreds of people. I will be accountable (and asked questions) if I delay my work even by one day. There are tight deadlines for everything. (Yes, 5 minute job of renewing EAD will not be 90 days ...it will be 5 minutes only) Even if one customer just soft complains about anything, I will be held accountable and my job will be in jeopardy. There is no such thing in USCIS.
BTW: I hate when they say 90 days and then exclude the RFE time and the mail accepting time.(They count from the date of receipt and not the date of receiving the mail). On the top of it, the receipt date can be any time they want and not the date of receiving the date. It can become 120 days and when they say "days", it is like one of those commercials which says, " for only 1$ a day ...." instead of saying $365 which they charge for the whole year . subscription.
Same way instead of saying 3 to 5 months , they say 90 days (so that it does not seem long). they should say , "EAD RENEWAL ONLY TAKES 129600 MINUTES". ..and then in the small print, light gray color at a hidden spot in the bottom, in tons of lines of text, say, "does not include RFE, holidays, Mail transit time, and time before we accept it"
Can anybody please send me the address of USCIS director ? I want to write a letter to him with a copy to his boss too. Anybody can help me know who his boss is and his address too ?
I think, it is a combination of three things.
1. Laziness
2. No Accountability
2. Bad intentions ...as you mentioned
In my job, I am a software trainer. I teach hundreds of people. I will be accountable (and asked questions) if I delay my work even by one day. There are tight deadlines for everything. (Yes, 5 minute job of renewing EAD will not be 90 days ...it will be 5 minutes only) Even if one customer just soft complains about anything, I will be held accountable and my job will be in jeopardy. There is no such thing in USCIS.
BTW: I hate when they say 90 days and then exclude the RFE time and the mail accepting time.(They count from the date of receipt and not the date of receiving the mail). On the top of it, the receipt date can be any time they want and not the date of receiving the date. It can become 120 days and when they say "days", it is like one of those commercials which says, " for only 1$ a day ...." instead of saying $365 which they charge for the whole year . subscription.
Same way instead of saying 3 to 5 months , they say 90 days (so that it does not seem long). they should say , "EAD RENEWAL ONLY TAKES 129600 MINUTES". ..and then in the small print, light gray color at a hidden spot in the bottom, in tons of lines of text, say, "does not include RFE, holidays, Mail transit time, and time before we accept it"
Can anybody please send me the address of USCIS director ? I want to write a letter to him with a copy to his boss too. Anybody can help me know who his boss is and his address too ?
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x1050us
07-19 10:24 AM
All;
The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.
Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.
About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.
I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment
I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.
The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.
Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.
About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.
I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment
I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.
bkarnik
04-12 11:27 AM
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.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
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.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
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nefrateedi
07-19 11:06 AM
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
Note that for employment based adjustment of status cases, the medicals ABSOLUTELY have to be done in the US by a USCIS approved civil surgeon. One can get the immunizations done in their home country, however the exam has to be done in the US.
Note that for employment based adjustment of status cases, the medicals ABSOLUTELY have to be done in the US by a USCIS approved civil surgeon. One can get the immunizations done in their home country, however the exam has to be done in the US.
more...
kaisersose
06-05 02:44 PM
Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
user1205
02-20 05:08 PM
The link doesn't work anymore :(
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h1techSlave
06-24 12:57 PM
Right now with the unemployment at > 10%, immigration reform is a tough sell.
For the average joe, an immigrant is a job stealer; despite the evidence that immigration creates new jobs.
So I wouldn't pin my hopes on any immigration reforms, until the unemployment is below 7% or so.
If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
For the average joe, an immigrant is a job stealer; despite the evidence that immigration creates new jobs.
So I wouldn't pin my hopes on any immigration reforms, until the unemployment is below 7% or so.
If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
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nrk
10-27 05:08 PM
Please let me know what are the things to carry for info pass appointment.
Thanks in advance
Thanks in advance
more...
lazycis
12-18 02:21 PM
Thanks to paragpujara for giving me the offical AC-21 Q/A memo. Thank you.
Quick question:
If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?
Do i have to show to USCIS that I started my new job after 180 days?
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
Quick question:
If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?
Do i have to show to USCIS that I started my new job after 180 days?
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
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Ramba
09-27 03:05 PM
It is very simple. The completion of degree occurs only when any one passes all qualifying examinations. Without passing the sublimental exam, you are not qualifed to recive a degree. You latest exam was in 2002. Therefore you completed all qualifying exam only in 2002. Therefore you obtained the degree only in 2002.
Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.
At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.
Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.
At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.
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GIC
11-09 12:31 PM
TSC, RD 7/2 , ND 9/7, LUD 9/10, no SR.
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smsthss
06-12 09:52 AM
what would happen after the hearing? where does it go next?
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sroyc
10-11 08:03 PM
A PhD does not automatically qualify you for EB1. There are a lot of other requirements. Unless you are in a research or teaching job, it's hard for PhD's to qualify for EB1. Besides, there's the small matter of getting an H-1B or O-1.
If she has a PHD in CSE she should look for a job get H1 and file Green Card in EB1 all off this can be done in 6 months! What's holding you back???? :)
If she has a PHD in CSE she should look for a job get H1 and file Green Card in EB1 all off this can be done in 6 months! What's holding you back???? :)
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sunny1000
12-21 09:51 PM
DOES ANYBODY KNOW HOW TO GET IN TOUCH WITH MEERA SHANKAR, Indian Ambassador to US.
EMBASSY
--------------
Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)
Passport Services - Assistance/Complaints
Assistant Consular Officer
Phone: (202) 939-9861
Attach� (Consular)
Phone: (202) 939-9832
Consulate General, NY
---------------------------
Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)
Any unresolved problems with the Consulate? Please click HERE
For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
EMBASSY
--------------
Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)
Passport Services - Assistance/Complaints
Assistant Consular Officer
Phone: (202) 939-9861
Attach� (Consular)
Phone: (202) 939-9832
Consulate General, NY
---------------------------
Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)
Any unresolved problems with the Consulate? Please click HERE
For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
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fromnaija
02-12 11:13 AM
Does it really make sense for a CP filer to get EAD? Interim benefits are for AOS filers and rightly so too as a CP filer is deemed to be outside the USA.
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pcs
05-22 02:36 PM
Regarding contribution & phone calls ???
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lost_in_migration
05-29 04:40 PM
Genocide is what is left maybe
They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .
They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .
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HarshJ
10-02 01:22 PM
Hi,
Filed at NSC on Jul 21st. Received as per FedEx receipt on Jul 23rd. Transferred I-485s, EADs and APs applications from NSC to CSC.
Received EADs and APs on Sept 25th from CSC.
Sept 18th notice received that I-485s have been moved back from CSC to NSC.
Rceipt date for transfer notice is Sept 18th. Dont see my actual Jul 23rd date anywhere.
When I posted this on , posters suggested that there is a "Receipt Notice" versus a "Transfer Notice".
My lawyer received the receipt notice. Will check with him about the Receipt date on that notice and post later today.
Any other ideas what this all means would be appreciated.
Seems like a ping pong ball being hit from one center to another with no result
:(
Filed at NSC on Jul 21st. Received as per FedEx receipt on Jul 23rd. Transferred I-485s, EADs and APs applications from NSC to CSC.
Received EADs and APs on Sept 25th from CSC.
Sept 18th notice received that I-485s have been moved back from CSC to NSC.
Rceipt date for transfer notice is Sept 18th. Dont see my actual Jul 23rd date anywhere.
When I posted this on , posters suggested that there is a "Receipt Notice" versus a "Transfer Notice".
My lawyer received the receipt notice. Will check with him about the Receipt date on that notice and post later today.
Any other ideas what this all means would be appreciated.
Seems like a ping pong ball being hit from one center to another with no result
:(
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sdeshpan
11-26 06:03 PM
Pappu,
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
I second this...
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
I second this...
pray
08-23 03:26 PM
Just Thought
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.
mbartosik
02-10 06:24 PM
Got another 33 in hand, total 43, more to come
Tip: recruit friends and strangers to get more from their work places and mail back to you.
Tip: recruit friends and strangers to get more from their work places and mail back to you.
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