Tuesday, June 21, 2011

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  • addsf345
    11-12 02:09 PM
    USCIS is already aware of this. They have been notified through AILA and our letters are also working. IV has also been pushing for more broader AC21 regulations for a few months now.

    Our request from IV is to keep sending the letters. Please send letters in thousands - not like 50 to 60 letters.

    Everyone must take initiative and push other members. It is a very importasnt campaign.

    It is very much possible that a lot of you may be a victim of AC21 denials. It is your call.

    Please take responsibility and everyone must come forward and bring others also into this campaign.

    This is encouraging. chandu, I read somewhere (mostly on murhty) that CIS will be publishing new AC21 soon and it is expected to be more stricter. Is this just the speculation or any other indications are received?? any idea? I am afraid that what will happen to people who already have used AC21 by following what currently exists???????





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  • mishra123
    07-21 08:30 AM
    Hello :

    My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.

    First Renewal Attempt :

    I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :

    The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.

    The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).

    Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.

    Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.

    Second Renewal Attempt :

    So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.

    This new app reached USCIS on June 1, 2010.

    It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.

    Needless to say, I was confused, frustrated, angry, sad...and everything in between.

    Starting Third Attempt :

    Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.

    I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...

    a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)

    b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).

    Request advice...

    I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.

    So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?

    I will really appreciate any comments/suggestion regarding my case.

    Dear cyclone_p
    What happend to your third EAD falling? My EAD is going to expire on 6th August 2010. Don't know what to do. Please reply ASAP.
    Third time e-file by Attorney. Paper send to Nebraska. So far no receipt.





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  • rinkurazdan
    05-30 01:22 PM
    Gurus,
    I need your help in this scenario. I went to India during Mar 06 and got a stamping on my passport till Jun 2010 (based on my I140 approval). But at the POE, the officer stamped my I-94 till Jun 07 as he could only stamp the date that was on my current I-797. He also told me that I can goto the local USCIS office and extend my I-94 till 2010. Is it true? and if so, how would I go about doing that??

    Thanks in Advance for all your help.
    ur current I797 should be the latest one for 2010.....since u got ur VISA stamped based on that....why would the POE officer not look at that but look at a previous I797....

    How can u get VISA stamped on passpoer for 2010 if u do not have a I797 until 2010..its confusing to me. OR am I missing something.





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  • jungalee43
    05-24 12:28 PM
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  • apsaravanan72
    09-01 10:18 AM
    My current EAD got expired by 08/27/2010 and I filed my extn by 07/06/2010. My check has got cashed by USCIS with in a week period of time. So I thought would get my EAD asap. But it didnt. Since my EAD extn filed to Nebraska Service center, called them on 1-800 and spoke with one of their representatives to expedit the process. I got a reply back from USCIS that they will expedit the process and the result should notifiy by within 30days.

    I already in LOP, I dont know how long the process will take..? If anyone knows how could I do better, please let me know the details.

    NOTE: Seems my priority date is also became current (Mar-30-2006). Would it cause for the delay..? Will they provide EAD and GC simeltaneously...? or Will I get EAD alon..? or will I get GC...?





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  • beautifulMind
    08-20 01:13 PM
    I Still think we have a good chance atleast all those with priority date before today.


    The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
    http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM


    No way nurses and EB1 would count more than 5-6k per year....

    Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us

    Eb2 Filings have drasticaally gone down because of the USCIS rule

    Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance


    Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used



    Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are

    Eb1 ROW +india & china
    EB2 ROW
    EB2 India + china (very limited new cases)

    and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3

    Which would leave a lot of Visa numbers for Eb3 India/china and ROW



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  • zCool
    03-08 12:21 PM
    Got a BIG RFE for 7th yr extension from CSC PP.
    I have applied for 485 (I140 approved), and have EAD/AP from same employer last yr.

    I got this RFE and employer may not have/provide all the documents,
    My question is can we withdraw H1 and then work on EAD?
    Will that adversely affect my case for AOS?

    Main list of items required from me,
    Last 3 yrs W2, last 3 yr taxes, all i-94 etc. -- No biggie since I have always been working for big company for past 10 yrs. till In switched to this smaller firm last yr.

    Main list of docs required from company
    1. Offer letter to me.
    2. Client letters
    3. Last 3 yrs quarterly wage reports with ALL employees SSNs, pays etc.!
    4. Last 3 yrs Tax returns
    5. Last 3 yrs W2s and W3s for ALL employees

    How in the world is one supposed to provide all those ??!! I spoke to the employer, he's very busy (not desi but still a small firm with 1-2 million turnover and maybe 4-500,000 income..)

    I can even change employer if needed, but I need to know if it's okay to cancel or withdraw this application of H1B and if that will cause USCIS to reopen my approved I140 or issue RFE for same list of docs at the time I file AC21.

    What should I do if employer doesn't comply and just strings me along?
    My H1B ends in April first week and Wife's H4 is long expired, We were planning only to keep my h1b as safty..





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  • Scythe
    04-03 06:14 PM
    Well, I guess you never know what to expect with this site.



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  • gk_2000
    05-04 10:06 PM
    Hey, I have a question too

    - How come people like me go red after 1-2 posts, and utter rascals here remain fully green even after redded by many?





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  • snarla
    06-25 02:31 PM
    Thanks for your replies guys ...

    So Pending AOS status is a legal status right?

    Also once a person goes to Pending AOS status, can he/she come back to H1B again?



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  • kc_p21
    04-23 10:42 AM
    First thing is why members have found that title is scary? I dont think it is scary......it might attract your attention. Probably most of people who got scared might be using EAD or are considering using it.<br><br>
    I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.

    <br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
    140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
    <br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.

    Thanks for your input.





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  • ashishgour
    01-28 12:58 PM
    <Quote>ashishgour: Must have a Master Degree in IT and no more than 6 years of professional experience!</Quote>
    Why do people does not want more than 6 years?? Highly curious about this.

    I have no idea abt that.:confused:..thats the way the requirement was given to me...
    I guess it might be not to have any over qualified cancdate so that they dont have to pay extra $$$$$$$$$$:D



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  • DCQC
    09-21 01:29 PM
    Can someone tell me if USCIS is sending EAD cards to home address or to the lawyers? Response appreciated...Thanks!





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  • skd
    08-22 08:05 PM
    I just Got email from my lawyer that check got cashed

    My 485 application reached Texas Center on 2nd July.



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  • h4hopeful
    04-10 01:06 PM
    MD_123: I agree with you. It is very important that IV's position in this issue is clear, because this issue is key for a lot of people.





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  • monkeyman
    10-17 09:51 AM
    Is there a pattern for RFEs? Why some on gets an RFE for AP?


    Good question - based on what I am reading on this forum, it seems to me like the RFE is requested for people who travel a lot in and out of the country. My wife has traveled a lot of times - I even lost track in the last 5 years - and she did tell me that they did not take her I-94. It would be still attached to the passport and when she enters back - if the travel time was less than 20 days, the officer discarded her new I-94 and asked her to keep the old I-94 - in some cases, he/she would just take it during entry. This happens mostly when she travels to Mexico or South America. The evidence that was being requested is the dates of travel and type of visa used to enter the country with the required documented evidence on the passport (color copy).



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  • vvincent72
    04-20 04:29 PM
    I agree with you ramaonline, its high time we change to a better name which reflects our view :rolleyes:





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  • Lisap
    09-13 12:13 PM
    Please see my details in signature





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  • pappu
    02-23 08:07 AM
    Even mighty economist prints article saying that immigration reform is knocking at the door , am not sure without a paid subscription whether u can read this , am positng the link and cannot copy paste the article as that will surely be a copyright violation . http://www.economist.com/world/na/displaystory.cfm?story_id=8746356
    Immigration
    One more shove

    Feb 22nd 2007 | WASHINGTON, DC
    From The Economist print edition
    Congress is once again preparing to deal with the immigration mess

    THE most dismal failure of the dismal 109th Congress was the non-reform of immigration. This is one of America's most chronic problems, with 12m illegal immigrants living in the shadows, more streaming over the border every day and many border towns buckling under the strain of so many non-citizens. Public pressure to “do something” is intense.

    George Bush pushed hard for “comprehensive” immigration reform (meaning a combination of a path to citizenship for illegals and tougher border enforcement). John McCain and Teddy Kennedy crafted a bipartisan bill that passed the Senate by 62 to 36. But then the Republican-dominated House wrecked the whole thing in a fit of crude nativism.

    Thankfully, the reformers have not been deterred. There has been a great deal of “scurrying about” behind the scenes, according to one insider. An odd coalition of business groups, trade unions and civil-rights organisations is pushing hard for reform under the umbrella of the Alliance for Immigration Reform 2007. An equally odd coalition of White House operatives, Democratic leaders and reform-minded Republicans is also working in the same direction. A new version of the McCain-Kennedy bill could be launched as early as mid-March. And Harry Reid and Mitch McConnell, the two parties' leaders in the Senate, have said that immigration will be one of the first ten bills they will consider. This time the chances of success are higher than last.

    The main reason is the new Democratic majority in the House. The most virulent opposition to reform came from Republican House members who were obsessed with cracking down on illegals and building a 700-mile (1,125km) fence along the border with Mexico. Now that the Democrats are in the majority, Zoe Lofgren, the head of the sub-committee on immigration, thinks a deal is at least a possibility.

    The reformers are also adopting a tougher tone. The new McCain-Kennedy bill will put more emphasis on beefing up the border, punishing errant employers, enforcing the law and assimilating new immigrants. It will also try to rebut Republican charges that it rewards lawbreaking and offers amnesty. Two current ideas are to impose a hefty fine (up to $5,000) on illegal immigrants who want to become legal, and to make illegals return to their countries of origin (“touching base”, in the jargon) in order to apply for legal entry.

    The reason for this toughness is that comprehensive reform has little chance of passing both Houses on the backs of Democrats alone. A significant number of so-called blue-dog Democrats from conservative districts have every reason to steer clear of such controversial legislation. There is also a strong undercurrent of protectionism in the Democratic Party, which suspects immigrants of holding down American wages and stealing American jobs. Insiders calculate that they need about 20 Republican votes in the Senate and 40 in the House.

    The reformers will have to overcome some big political and practical problems. Why should Democrats co-operate with Mr Bush on immigration, when they can wait until they capture the White House in 2008 and solidify their lead among immigrants for a generation to come? And why should congressional Republicans change their minds on this most emotive of issues? The vast majority of these members represent white conservative voters who regard immigration reform as a reward for breaking the law and a guarantee of the “Mexification” of American culture. The minority who represent more mixed districts are well aware that 70% of Latinos voted Democratic in 2006.

    The practical problem is that the proposed bill will become so tough that it is self-defeating. Why should illegal immigrants come out of the shadows if they have to “touch base” and put themselves in the hands of America's notoriously slow and inept bureaucracy? And why, for that matter, should liberal interest groups support a bill that might seem punitive?
    AP

    Still, it would be a mistake to write the reformers off. The Democratic leadership risks provoking a backlash if it refuses to put its weight behind the bill, particularly among Latinos, who desperately want the mess cleared up. And the Republican Party also contains some powerful pro-immigration forces. American business strongly favours immigration reform: parts of the economy such as hotels and agribusiness depend on immigrant labour. “Big tent” Republicans also favour reform.

    Karl Rove, Mr Bush's chief strategist, has long pointed out that it is stupid to alienate America's fastest-growing minority—particularly one as culturally conservative as the Latinos. In a swathe of states that Republicans need to retain the presidency, their numbers are crucial: New Mexico is 43% Latino, Texas 35%, Nevada 24%, Florida and Colorado 20%.

    The November elections have also strengthened the hand of the big-tent Republicans. Several high-profile immigrant-bashers, such as Arizona's J.D. Hayworth and Indiana's John Hostetler, lost their elections. And John Boehner, who was one of only 17 House Republicans to vote against the party's border-protection act, has become minority leader.

    Over the next few months everything will depend on the delicate politics of bipartisanship. Immigration reform gives both sides the chance to blame the other for failure. But it also gives both sides a chance to share the praise for a wrenching but necessary reform. The stakes for everybody involved, not least 12m illegal immigrants, could hardly be higher.
    ===
    Letters to the editor
    Send an e-mail to letters@economist.com to comment on this article you have read in The Economist or on Economist.com requesting them to cover IV and its issues





    shivarajan
    05-27 04:26 AM
    op seems to have just lost it!

    (no offense please)

    dis is wat happens 2 normal beings one-by-one.. can't blame anyone.

    Years and years of wait, fear, desperation, being deceived and finally followed by series of shocks called visa bulletins --> end result "it all ends-up this way".





    singhsa3
    04-27 08:19 AM
    Warning: You must not solely rely on the information provided in the links in this thread. Some of the information may be outdated or are just people's opinion.

    In this thread, I will be providing resources from the Internet on EAD issues, especifically as they relate to E-filling. Please feel free to enrich this thread by providing your own links. If you see any information that is no longer pertinent or inaccurate , please point that out immediately.

    I will be specifically targeting the following frequently asked questions:

    a) Where to file if your I-485 is pending in say, NSC , where as your I-765 center is TSC?
    b) How come , if you paper file, you won't get biometrics but if you file you get biometric appointment?
    c) What supporting documents to send? The instructions are not clear..
    d) Do I need to stop working if my EAD is not renewed in time?
    e) What is the interim policy on EAD issuance , if I don't get it in time?
    f) If I am filling by myself this time , do I have to amend G-28 form?
    g) My passport is expiring, will this create a problem in the EAD renewal?
    h) How soon I can apply? How late is not too late?

    I will add more questions as they come up. Again, please feel free to suggest questions and provide links that would address the above questions.



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