GCwaitforever
10-17 05:07 PM
maybe some day in the not too distant future, when the days of bonded H-1b labor end, a person who has lost time and passed up opportunites can actually go to a court and sue DOL and USCIS for damages and opportunity costs.
Not only the opportunity costs, there are real costs also. My salary is frozen because I reached highest possible in my current role. Till I get the Greencard, I will be loosing real money.
Not only the opportunity costs, there are real costs also. My salary is frozen because I reached highest possible in my current role. Till I get the Greencard, I will be loosing real money.
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stucklabor
01-18 01:41 PM
Everyone, there is a temporary problem with donating money through PayPal.
Our webmaster is on the phone with them and we expect it to be fixed soon. Someone will post again as soon as it is up.
Please hold on to your wallets in the meantime.
Our webmaster is on the phone with them and we expect it to be fixed soon. Someone will post again as soon as it is up.
Please hold on to your wallets in the meantime.
go_guy123
01-15 06:21 PM
Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
.
Thats what I am sayin. Even naturalized citizenship can be revoked by revoking the underlying GC. Only citizenship by birth is the safest.
John walker Lynd was able to keep his citizenship in spite of being with Taliban. Had he been a naturalized citizen, I am sure US Govt would have revoked his citizenship by voiding his old GC.
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
.
Thats what I am sayin. Even naturalized citizenship can be revoked by revoking the underlying GC. Only citizenship by birth is the safest.
John walker Lynd was able to keep his citizenship in spite of being with Taliban. Had he been a naturalized citizen, I am sure US Govt would have revoked his citizenship by voiding his old GC.
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GCBy3000
07-19 03:54 PM
http://www.immigration-law.com/Temporary%20File.html
File for 485 and maintain your H1 is his take. Dont use EAD and be on h1.
File for 485 and maintain your H1 is his take. Dont use EAD and be on h1.
more...
Ramba
09-05 03:34 PM
In light of the AC21 provision, this is pretty common - people change jobs using EAD and are then on AOS. Looks like the wording on AP was ignored when AC21 was being made into law. This is now biting some of the travelers.
Could the AP wording be changed using an administrative fix by USCIS/DOS rather than a legislative update?
AC21 is nothing to do with AP. In AC21, you are changing the job WITHIN US, not leaving US. There is some securty related reason, for requiring one must not leave USA when AOS is pending. AP is for a short emergency travel during AOS. Yes..it will be a pain if AOS takes many years, particularly travel issues.
Could the AP wording be changed using an administrative fix by USCIS/DOS rather than a legislative update?
AC21 is nothing to do with AP. In AC21, you are changing the job WITHIN US, not leaving US. There is some securty related reason, for requiring one must not leave USA when AOS is pending. AP is for a short emergency travel during AOS. Yes..it will be a pain if AOS takes many years, particularly travel issues.
apnair2002
11-10 01:46 PM
http://www.immigration-law.com/
Report indicates that the Lame Duck may pass through the Thanksgiving. However, Senate Minority Leader Harry Reid reported spoke with Majority Leader Bill First, Majority Whip Mitch McConnell, and President Bursh on Wednesday addressing Democrats desire to accomplish 5 (five) legislative items during the lame duck as follows:
Continuing Resolution
Bioterror Legislation
Off-Shore Drill Legislation
Agreement on Nuclear Weapons Proliferation
Popular Tax Cuts Package
Should the Democrats stick to these agenda, the immigration legislation will have to be pushed over to next yeer. For the report, please click here.
Report indicates that the Lame Duck may pass through the Thanksgiving. However, Senate Minority Leader Harry Reid reported spoke with Majority Leader Bill First, Majority Whip Mitch McConnell, and President Bursh on Wednesday addressing Democrats desire to accomplish 5 (five) legislative items during the lame duck as follows:
Continuing Resolution
Bioterror Legislation
Off-Shore Drill Legislation
Agreement on Nuclear Weapons Proliferation
Popular Tax Cuts Package
Should the Democrats stick to these agenda, the immigration legislation will have to be pushed over to next yeer. For the report, please click here.
more...
gcnirvana
05-10 04:19 PM
....for your contributions GCneeded and RLNY122004. You can visit the IV Media Drive thread here (http://immigrationvoice.org/forum/showthread.php?t=4290)and contribute with your writing skills too :)
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ivslave
09-11 04:11 PM
I am thinking of buying a home without waiting for GC approval. I am EB3 I with PD 2006. No hopes of GC in near future. Just want to see the trend....
Please vote yes if your GC is pending and you own a house.
Please vote no if your GC is pending and you are renting.
Please vote yes if your GC is pending and you own a house.
Please vote no if your GC is pending and you are renting.
more...
himu73
09-05 04:38 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
I have used AP at least 4 times this year while coming back from Europe,India.I came through New York(JFK),Newark(EWR). Only once I was asked a question about whether I have EAD. The officer didn't even see it,otherwise the only exchage with any other officer was 'Here are your documents.Have a nice day'.
I think you might have been a one off case where the officer didnt know what he was doing.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
I have used AP at least 4 times this year while coming back from Europe,India.I came through New York(JFK),Newark(EWR). Only once I was asked a question about whether I have EAD. The officer didn't even see it,otherwise the only exchage with any other officer was 'Here are your documents.Have a nice day'.
I think you might have been a one off case where the officer didnt know what he was doing.
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sathyaraj
12-12 10:33 AM
This is my first contribution to IV - 100$
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lazycis
12-11 02:57 PM
Send email to who ? Can you pls describe in detail what email they need to send and what reason they need to put in. My local office always says NSC is processing July cases so you should have it soon, but that "soon" has never happened. It is 160+ days since I applied.
If you haven't tried it yet, try to follow the procedure I described on the 1st page
http://immigrationvoice.org/forum/showpost.php?p=199646&postcount=3
The only reason you need is that yor EAD app is pending more than 90 days. Ask for a receipt that they followed procedures outlined in memo. They have to contact service center where your I-765 is pending and request expedite processing. You can also print federal regulations
http://a257.g.akamaitech.net/7/257/2422/26mar20071500/edocket.access.gpo.gov/cfr_2007/janqtr/pdf/8cfr274a.13.pdf
Section 274a.13(d) sets that 90 days deadline.
If you haven't tried it yet, try to follow the procedure I described on the 1st page
http://immigrationvoice.org/forum/showpost.php?p=199646&postcount=3
The only reason you need is that yor EAD app is pending more than 90 days. Ask for a receipt that they followed procedures outlined in memo. They have to contact service center where your I-765 is pending and request expedite processing. You can also print federal regulations
http://a257.g.akamaitech.net/7/257/2422/26mar20071500/edocket.access.gpo.gov/cfr_2007/janqtr/pdf/8cfr274a.13.pdf
Section 274a.13(d) sets that 90 days deadline.
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shukkoor007
10-12 07:06 AM
I am new in this forum. I never saw like this forum before. First-up all I want to congrats all members in this forum, who providing positive and very fast responds.
more...
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neamoni
05-21 12:58 PM
Thank you gc_kaavaali and lskreddy for "lending your eyes"!
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qplearn
11-19 04:24 PM
Do we have any statistics on people who have moved back because of retrogression? That might come in handy when we write letters or meet ppl in lawmakers' offices.
more...
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lazycis
08-15 02:06 PM
The USCIS is required by regulations to issue a temporary EAD if they cannot process extension in 90 days. They, however, do not issue temporary EAD anymore in violation of the regulations. So if more than 90 days passed and you are still waiting, take an infopass and request IO to call service center where EAD is pending and request to follow procedures outlined in the USCIS memo
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
(print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.
Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
• CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
o Form I-765 remains unadjudicated
o Biometrics have been captured—if not, refer to ASC
• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
• Provide Notice to applicant acknowledging status inquiry.
Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
(print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.
Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
• CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
o Form I-765 remains unadjudicated
o Biometrics have been captured—if not, refer to ASC
• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
• Provide Notice to applicant acknowledging status inquiry.
Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.
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smmakani
04-25 09:11 PM
Even if this system comes into existence, it should not be affecting us because we are already certified as eligible based on labor certification.
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BharatPremi
10-05 10:31 AM
Those are lolipop to kids. Do not keep much hopes. It seems to be the strategy to cover more election fund from corporate America.. I see this as political game for funding. On first link only honest statement I could locate was from Ms Lofgren "Some names on there have never been allies on immigration reform," Lofgren said. "I'm glad to be surprised."
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Suva
05-10 11:31 AM
Thanks.
If someone is looking for a Masters just to upgrade to EB2, any accredited program will do. Verify the accreditation (of school and program) using the link which I posted earlier
If someone is looking for a Masters just to upgrade to EB2, any accredited program will do. Verify the accreditation (of school and program) using the link which I posted earlier
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theOne
05-15 12:03 AM
Yes you are right. We need patience till you get your GC...I know its hard but there is no other way but swallow that pride. Its very hard to do that..speaking of which this anti-indian guy who sits next to me at work was making life horrible for few weeks. Things are sorted out now... I have a great Manager.
I really feel sorry for Neelima's family... wish I could have helped them.
Khushal,
Can you explain how you sorted the issue ? I had a similar issue once though on a lower scale. I let it simmer down without actively working the issue.
theOne
I really feel sorry for Neelima's family... wish I could have helped them.
Khushal,
Can you explain how you sorted the issue ? I had a similar issue once though on a lower scale. I let it simmer down without actively working the issue.
theOne
Macaca
08-12 11:23 AM
Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
(From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
(From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))
cloud7
07-19 11:35 AM
:eek: Mine was sent on the 3rd and get accepted on 7/5/07 NSC
EB3 PD 04/06
EB3 PD 04/06
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