logiclife
11-06 11:11 AM
Guys,
I had INFOPASS appointment today. We reached 15 minutes before scheduled time. 8101 N Stemmns Fwy - Building does not have visible number "8101" but large "Department of Homeland Security" board is easily visible. At the entrance we showed our infopass appointment letter and Guard told us to stand in a queue behind racks. I saw 2 different queues nearer to Window so curiously I asked the fellow who was right ahead of me and he told me that the queue where we stand is meant for people who have not taken appointment and other queue right across the window is meant for people who have taken an appointment. There are no sign boards for these 2 different queues. Guard misguided us so all in all we wasted 5 to 7 minutes I came out from that queue and stand in the right queue again. At the window I was asked for Driving license and purpose of the appointment. I showed driving license and told we filed AP in July, 1* but have not received it. He demanded I-131 receipts and I represented them. Then he gave us tag numbers for all family members including myself. Then we moved towards the main entrance of the bulding. Guard instructed us to remove wallet,pen, anything we had in our pockets, purse,belt etc (Cell phones are not allowed inside the building) and put in one bucket which was scanned through the machine like available on airports. We had to walk through metal detector and then took possesion of our belongings and then waited in the waiting room for approximately 15 minutes. As our tag number appears on the electronic board with assigned counter number, we went to the counter. Lady officer greeted us and asked the purpose of the appointment and again I represented infopass appointment letter and I-131 receipts and told her that I have not received our advanced parole yet although we filed on July 1*. She dived into her computer and said your all Advanced parole are already approved on 10/1*/07 (Which was the date of first (And only one) LUD on our APs) and already mailed to you so she can not issue either "Original" or "duplicate" Advanced parole. According to her I should be receiving them any day now. She herself wanted me to give me the info about EAD status without myself asking so I told her that we already received our EADs and then she asked me, do I have any question for her and I said yes, what would be our name check status and she again digged into computer.According to her my Name check is still pending and I should inquire again after 4 months by taking another infopass appointment. Upon my further digging she told me that if everything is "generally clean" then 4 months is a standard period to get name check clear so she suggested me "inquire after 4 months". According to her my family has already cleared name check.
Thanks.
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
I had INFOPASS appointment today. We reached 15 minutes before scheduled time. 8101 N Stemmns Fwy - Building does not have visible number "8101" but large "Department of Homeland Security" board is easily visible. At the entrance we showed our infopass appointment letter and Guard told us to stand in a queue behind racks. I saw 2 different queues nearer to Window so curiously I asked the fellow who was right ahead of me and he told me that the queue where we stand is meant for people who have not taken appointment and other queue right across the window is meant for people who have taken an appointment. There are no sign boards for these 2 different queues. Guard misguided us so all in all we wasted 5 to 7 minutes I came out from that queue and stand in the right queue again. At the window I was asked for Driving license and purpose of the appointment. I showed driving license and told we filed AP in July, 1* but have not received it. He demanded I-131 receipts and I represented them. Then he gave us tag numbers for all family members including myself. Then we moved towards the main entrance of the bulding. Guard instructed us to remove wallet,pen, anything we had in our pockets, purse,belt etc (Cell phones are not allowed inside the building) and put in one bucket which was scanned through the machine like available on airports. We had to walk through metal detector and then took possesion of our belongings and then waited in the waiting room for approximately 15 minutes. As our tag number appears on the electronic board with assigned counter number, we went to the counter. Lady officer greeted us and asked the purpose of the appointment and again I represented infopass appointment letter and I-131 receipts and told her that I have not received our advanced parole yet although we filed on July 1*. She dived into her computer and said your all Advanced parole are already approved on 10/1*/07 (Which was the date of first (And only one) LUD on our APs) and already mailed to you so she can not issue either "Original" or "duplicate" Advanced parole. According to her I should be receiving them any day now. She herself wanted me to give me the info about EAD status without myself asking so I told her that we already received our EADs and then she asked me, do I have any question for her and I said yes, what would be our name check status and she again digged into computer.According to her my Name check is still pending and I should inquire again after 4 months by taking another infopass appointment. Upon my further digging she told me that if everything is "generally clean" then 4 months is a standard period to get name check clear so she suggested me "inquire after 4 months". According to her my family has already cleared name check.
Thanks.
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
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hiralal
04-21 08:50 PM
I want to bring out the plight of legal immigrant community that has been silently suffering the consequences of a broken immigration system. It really baffles me that all the focus in immigration debate is on ILLEGALS when highly educated LEGAL immigrants who play by the rules, pay taxes and follow the law are left in the lurch. Attending to legal immigrants plight will also send a positive signal to the ILLEGAL community to see the perks of being LEGAL. Right now, it seems more rewarding to be ILLEGAL than pursue the LEGAL route towards immigration. What an irony!
The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
good initiative ..I have sent the email and I will be asking my wife to call all her friends and spread the word. guys do the same.
I also mentioned that I wanted to buy a house since a long long time but I cannot buy because of gc delays
The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
good initiative ..I have sent the email and I will be asking my wife to call all her friends and spread the word. guys do the same.
I also mentioned that I wanted to buy a house since a long long time but I cannot buy because of gc delays
harsh
01-02 11:17 AM
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
It will be the same process as for every other H1B. It will take anywhere from 3 months to 6 months for regular processing. You have the option of opting for premium processing in which case it will take about 15 days. If you are going to be counted against the cap then you can not start working earlier than October 2007 as thats when the new cap period will start.
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
It will be the same process as for every other H1B. It will take anywhere from 3 months to 6 months for regular processing. You have the option of opting for premium processing in which case it will take about 15 days. If you are going to be counted against the cap then you can not start working earlier than October 2007 as thats when the new cap period will start.
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abhisec
08-06 02:29 PM
I am not an expert in starting a poll - But I think it will help to take a headcount for /year PD basis.
Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.
Amen to that. See my sig.
Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.
Amen to that. See my sig.
more...
saurav_4096
01-04 02:59 PM
wow...
Guy will get better tax benifits if he can claim both as dependent...
How he is going to file a joint return..., I dont think turbo tax support it...
Guy will get better tax benifits if he can claim both as dependent...
How he is going to file a joint return..., I dont think turbo tax support it...
sirip4
04-03 02:13 PM
I have webfaxed both 10 & 11.
DOne.
DOne.
more...
EndlessWait
05-13 04:14 PM
I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
i dont mean to give u advice on patch up..but from 485 perspective ..put ur future marriage plans on hold for a short while or atleast until u get ur gc...
if ur dependant, then go ahead..otherwise u dont need to cancel ur 485 even if u get divorce
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
i dont mean to give u advice on patch up..but from 485 perspective ..put ur future marriage plans on hold for a short while or atleast until u get ur gc...
if ur dependant, then go ahead..otherwise u dont need to cancel ur 485 even if u get divorce
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zbd
01-03 09:43 PM
feel that is shame to tell, but you need to speak out... What to do ?
Is your selffriend produce high tech for modern life ? Tell him to get a fe for himself looking around the world. It's better than 4 though
Is your selffriend produce high tech for modern life ? Tell him to get a fe for himself looking around the world. It's better than 4 though
more...
Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
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eilsoe
02-02 06:38 PM
well, if it hasn't been a rule in the other battles, then by all means VOTE AWAY :P
:phil:
:phil:
more...
prioritydate
08-09 11:25 PM
Still cannot believe that 2004 cases are not getting approved!!!
This is ridiculous!
This is ridiculous!
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chanduv23
03-21 11:16 AM
NYC members - please respond to me. Lets coordinate on this.
more...
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milestogo
07-22 04:27 PM
-What is the minimum period that one need to work with the employer who has sponsered the GC after receiving the GC?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
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GCaspirations
10-02 01:05 PM
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
Could you tell us when was your case transferred to TSC and when did you recieve the FP notice.
My I140 is approved by TSC but still it went back to NSC.
Could you tell us when was your case transferred to TSC and when did you recieve the FP notice.
My I140 is approved by TSC but still it went back to NSC.
more...
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thomachan72
11-02 03:07 PM
yep, makes sense.
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.
What happens in case of people who obtain GC through marriage and then due to some reason have to divorse? Do they have to stay married for a certain period of time?? :D:D If so how much would that be?
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.
What happens in case of people who obtain GC through marriage and then due to some reason have to divorse? Do they have to stay married for a certain period of time?? :D:D If so how much would that be?
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pady
08-20 09:07 PM
I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.
more...
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gc_freedom
01-23 12:46 AM
Called and informed few friends about the IV letter campaign..Also spoke to folks who already have their GC but can help others...
Keep it up!
gc_freedom
Keep it up!
gc_freedom
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madhu345
10-09 10:51 PM
Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.
Dude...you still remember this Alpheratta GA company?
Dude...you still remember this Alpheratta GA company?
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quizzer
09-27 02:12 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
senthil
01-31 10:07 AM
if money is the only factor, all green cards for next 10 years will be sold-out overnight, like how the entire H1B quota gets over in a single business day
lets see
lets see
franklin
09-21 05:43 PM
Great to have you on board.
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
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