gc_chahiye
07-22 01:22 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.
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aamchimumbai
07-23 12:05 AM
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
milind70
04-07 05:38 PM
I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
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chanduv23
06-16 07:53 AM
Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...
when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)
so what is pre adjucted.......:rolleyes:
I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"
when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)
so what is pre adjucted.......:rolleyes:
I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"
more...
satishku_2000
05-26 07:43 PM
This new law in its current form affects everyone who is here legally whether someone is a Student or H1B
1. Some one who is a student he gets extended OPT
2. The moment student want to file for H1, his employer should be willing to shell out nearly $10,000
3. Every extension subsequently costs same amount unless they dont increase it further.
4. Some one on H1b cant do consulting.
5. Some one whose EB petition is pedning and nearing 6th year is scrwed because of the reduction in VISA numbers and repealing of AC21.
6. Employers have to shell out $10000 every year to get extension.
A spoke with at least 10 people and have them signed up for IV.
Folks , Please talk about this issue when you make weekend calls. No one from EB community is spared from this draconian bill .
Make phone calls and have your people signed up for IV
1. Some one who is a student he gets extended OPT
2. The moment student want to file for H1, his employer should be willing to shell out nearly $10,000
3. Every extension subsequently costs same amount unless they dont increase it further.
4. Some one on H1b cant do consulting.
5. Some one whose EB petition is pedning and nearing 6th year is scrwed because of the reduction in VISA numbers and repealing of AC21.
6. Employers have to shell out $10000 every year to get extension.
A spoke with at least 10 people and have them signed up for IV.
Folks , Please talk about this issue when you make weekend calls. No one from EB community is spared from this draconian bill .
Make phone calls and have your people signed up for IV
texcan
02-26 11:09 AM
I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
more...
abhijitp
10-30 05:35 PM
If it is the first time, they might ask for a birth certificate
We got a new SSN for my wife after we got her EAD in the mail. They did not ask for the birth certificate. They only needed a valid id (such as passport/ driving license) + the EAD card + completed application form. We got the SSN card in less than 10 days, but I think this depends on where you are. If it helps, we were told 10 days, and we actually got it in 10 days.
We got a new SSN for my wife after we got her EAD in the mail. They did not ask for the birth certificate. They only needed a valid id (such as passport/ driving license) + the EAD card + completed application form. We got the SSN card in less than 10 days, but I think this depends on where you are. If it helps, we were told 10 days, and we actually got it in 10 days.
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smbaps
08-10 04:54 PM
how did you apply on june.The dates were not current as per May visa bulletin.This is strange man......
more...
gcboy442
10-08 08:25 AM
sg72
My spouse EAD and AP were approved on Sept 13th , Mine is still pending......Don't know what to do .....I am the primary applicant....
My spouse EAD and AP were approved on Sept 13th , Mine is still pending......Don't know what to do .....I am the primary applicant....
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H1B-GC
02-16 10:26 AM
Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.
Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??
Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??
more...
TomPlate
01-31 10:23 PM
Hukabee in Republican.
Obama in Democrat.
Obama in Democrat.
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jsb
12-15 10:08 AM
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
more...
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msp1976
02-12 10:28 AM
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
I have heard of people getting passport in 1 day or so in New York...But you have to go in person.....The mail service would take longer....
Also once they give you a stanp for the whole duration.. as someone mentioned earlier...you need to carry the old passport and the new booklet they give you...That works out just fine.....
About what happnes at the POE depneds on the USCIS officer....It is just a draw of luck..
Thank you!
I have heard of people getting passport in 1 day or so in New York...But you have to go in person.....The mail service would take longer....
Also once they give you a stanp for the whole duration.. as someone mentioned earlier...you need to carry the old passport and the new booklet they give you...That works out just fine.....
About what happnes at the POE depneds on the USCIS officer....It is just a draw of luck..
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arnet
06-14 05:13 PM
In general, it is based on your priority date i.e. labor filing date. but in some cases, i know few people having 2003 priority date approved but we know that there are many people in 2001 or 2002 are still waiting for approval. so it depends on the USCIS immigration officers who review the application but they approve only when your priority dates are current. name check delay or any RFE may delay the approval including applicant who are from oversubscribed countries has to wait longer.
more...
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ivjobs
11-10 04:08 PM
Bumping just to facilitate people know about this group and if interested can join...
http://finance.groups.yahoo.com/group/ivstartup/
http://finance.groups.yahoo.com/group/ivstartup/
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sujan_vatrapu
10-11 02:31 PM
until the economy improves, i am not too optimistic that something will happen in lame duck session if repubs win any of WVA, Illinois or Delaware senate seats, the terms of these senators expire immediately after election and repubs have more than fair shot at WVA and Illinois, i just want to pitch the little i know before making assumptions, please don't start posting -ve comments and post something that might help others on this topic,
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singhsa3
09-05 11:47 AM
Please visit this site http://www.immigration-law.com/Canada.html . You will see that STRIVE bill is about to be introduced in both houses. Also notice that this bill is a bipartisan bill with Democrats in the lead. This increase chances of its success.
Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
In simple terms, priority dates will become current as soon as the bill passes.
Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven’t decided yet. Category “C” are the ones that need to be convinced to vote in favor of the bill.
One of the goals of the Sep 18th rally is to meet with the category “c” lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.
So think and act….
Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
In simple terms, priority dates will become current as soon as the bill passes.
Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven’t decided yet. Category “C” are the ones that need to be convinced to vote in favor of the bill.
One of the goals of the Sep 18th rally is to meet with the category “c” lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.
So think and act….
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anilsal
03-17 04:29 PM
From http://www.murthy.com/eb1opr.html
if employment is from an academic institution, it needs to be a tenure or tenure-track position. If from a company, the employer should have in its employ at least three full-time researchers and have documented achievements by the company or its research personnel.
if employment is from an academic institution, it needs to be a tenure or tenure-track position. If from a company, the employer should have in its employ at least three full-time researchers and have documented achievements by the company or its research personnel.
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suman
12-17 10:00 AM
The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..
Thanks
It does not give nay reason. It does not even say to appeal..
Thanks
LongJourny
01-22 04:38 PM
I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case.
I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
gccovet
05-16 04:15 PM
All,
Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"
Just wanted to update everyone so that all the June/July filers can file appropriately.
Again, mine could be an isolated case. So, please dont panic::))
This is going to get worse as July 07 filers (i am one of them) starts filing renewals.
Question is: Can a person currently working on EAD continue to work on EAD (renewal request filed) eventhough EAD expires? what would be the status if he/she cannot work?
GCCovet.
Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"
Just wanted to update everyone so that all the June/July filers can file appropriately.
Again, mine could be an isolated case. So, please dont panic::))
This is going to get worse as July 07 filers (i am one of them) starts filing renewals.
Question is: Can a person currently working on EAD continue to work on EAD (renewal request filed) eventhough EAD expires? what would be the status if he/she cannot work?
GCCovet.
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