srinivas_o
07-08 05:51 PM
I do have a copy of I-140 approval notice and also I do have a copy of the labor petition, but do not have the job code.
Attorney said that they have represented Employer also along with the employee and hence they need an authorization from Employer in order to answer any questions or to do any thing with my pending I-485.
Why does the Attorney want employer's permission? All you need is a copy of i 140 approval notice and "if possible" copy of the labor petition.
You may want to change your Attorney on file, you can contact some popular attorneys like Rajiv or Murthy and they will gladly help you through.
Attorney said that they have represented Employer also along with the employee and hence they need an authorization from Employer in order to answer any questions or to do any thing with my pending I-485.
Why does the Attorney want employer's permission? All you need is a copy of i 140 approval notice and "if possible" copy of the labor petition.
You may want to change your Attorney on file, you can contact some popular attorneys like Rajiv or Murthy and they will gladly help you through.
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walking_dude
08-13 10:56 AM
Disclosure : I have already received 2 year EAD (thanks to IV). I have taken initiative to bootstrap the effort to help others who haven't been so fortunate. Since we are all in the same boat let us watch each others back for a change, instead of trying to backstab each other at every available opportunity.
This is NOT a yet another case tracker /EAD tracker thread. I don't believe that just tracking stuff will change anything. Be it EAD issue or any other, real world action is needed to solve it.
I have started this thread to guage the impact this issue has had on our community , how many members are affected, what actions have been taken by them, so that next steps can be taken. If a large number of members are impacted IV may decide to take up the issue.
Here are the options available to applicants
1) Call National Customer Service Center and create a Service Request (SR) to expedite the case
2) Fax and mail a letter to Service Center requesting to expedite the case due to possibility of job loss. Since the burden of proof is on the applicant - a letter from the company that EAD is necessary for continuation of job may help.
3) If steps 1 and 2 don't produce the results and CRs refuse to open SRs citing silly reasons, USCIS Ombudsman may be approached.
Here's how you can do that - http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
4) Approach your US Congressmen/women Representative/Senators. Every office has a different form for requesting Immigration help. They can open an inquiry with USCIS on your behalf.
Following the above (4) steps is no guarantee that your case will be resolved. But it is necessary that we follow all possible avenues before the issue needs to be escalated. We shouldn't feel embarassed at the question "Did you follow up with all these avenues available to you?". Our answer should be - "Yes. We did all that and it didn't help". And we should be able to produce the proof that we did do all the four steps mentioned above.
If you have done all the four or after you have exhausted all avenues, AND are willing to take it further - speak to the media, participate in possible IV campaign etc., post your details. We need members ready to go public with the issue if we want to succeed.
Right now, I have started this as an individual initiative. But I am sure that IV will get involved once it's proven that a large number are impacted and there are enough members to turn it into a campaign.
This is NOT a yet another case tracker /EAD tracker thread. I don't believe that just tracking stuff will change anything. Be it EAD issue or any other, real world action is needed to solve it.
I have started this thread to guage the impact this issue has had on our community , how many members are affected, what actions have been taken by them, so that next steps can be taken. If a large number of members are impacted IV may decide to take up the issue.
Here are the options available to applicants
1) Call National Customer Service Center and create a Service Request (SR) to expedite the case
2) Fax and mail a letter to Service Center requesting to expedite the case due to possibility of job loss. Since the burden of proof is on the applicant - a letter from the company that EAD is necessary for continuation of job may help.
3) If steps 1 and 2 don't produce the results and CRs refuse to open SRs citing silly reasons, USCIS Ombudsman may be approached.
Here's how you can do that - http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
4) Approach your US Congressmen/women Representative/Senators. Every office has a different form for requesting Immigration help. They can open an inquiry with USCIS on your behalf.
Following the above (4) steps is no guarantee that your case will be resolved. But it is necessary that we follow all possible avenues before the issue needs to be escalated. We shouldn't feel embarassed at the question "Did you follow up with all these avenues available to you?". Our answer should be - "Yes. We did all that and it didn't help". And we should be able to produce the proof that we did do all the four steps mentioned above.
If you have done all the four or after you have exhausted all avenues, AND are willing to take it further - speak to the media, participate in possible IV campaign etc., post your details. We need members ready to go public with the issue if we want to succeed.
Right now, I have started this as an individual initiative. But I am sure that IV will get involved once it's proven that a large number are impacted and there are enough members to turn it into a campaign.
dilipb
06-23 11:23 PM
While I Wrote The Check For Ead Renewal
I Wrote It To Department Of Homeland Security And Not
Us Deparment Of Homeland Security
Is It A Big Problem
USCIS people are too loaded with work to start rejecting applications for such trivial matters.
The instructions say this "NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS.""
You have written the most important words, atleast u did not abbreviate!
Also remember there is NO OTHER "department of homeland security" in the world. Check has gone to USCIS office. They know u mean US, even if u did not write it.
So I am confident that their banks will cash your check. Keep a watch on your bank online. Texas cashed our checks in 7 days and also sent receipt. Dont know how Nebraska is doing. Call USCIS in 1-2 weeks if they did not cash checks.
Worst case they will send the application back. You can then quickly fix the check and resend application. Hopefully if you have applied in time, then a delay of 1-2 weeks does not matter.
I Wrote It To Department Of Homeland Security And Not
Us Deparment Of Homeland Security
Is It A Big Problem
USCIS people are too loaded with work to start rejecting applications for such trivial matters.
The instructions say this "NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS.""
You have written the most important words, atleast u did not abbreviate!
Also remember there is NO OTHER "department of homeland security" in the world. Check has gone to USCIS office. They know u mean US, even if u did not write it.
So I am confident that their banks will cash your check. Keep a watch on your bank online. Texas cashed our checks in 7 days and also sent receipt. Dont know how Nebraska is doing. Call USCIS in 1-2 weeks if they did not cash checks.
Worst case they will send the application back. You can then quickly fix the check and resend application. Hopefully if you have applied in time, then a delay of 1-2 weeks does not matter.
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chanduv23
10-11 06:28 AM
^^^^^^^^^^^
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belmontboy
03-15 11:40 PM
By the way is it you who gave red...:mad:
No. I don't have any reason to give you red for this post.
No. I don't have any reason to give you red for this post.
gc_waiter56
07-06 10:16 AM
This will be a class action lawsuit which means that all the people who are in the same class as the plaintiff will get the benefit of the favourable decision. Now on whether to file or not, it is an individual decision but most of us have already prepared for the filling so there is no harm in going ahead with the filling. The worst will be to file again but nothing more than that can happen and as I have heard most of the attorney will not be charging again when people will be refiling their cases. So better to file your case and let USCIS reject rather than feel sorry later on if the judge rules in favour of the lawsuit.
Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)
Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)
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suresh.emails
12-11 08:28 PM
Out of all these how many do you think you yourself will be able to do?
It is not I, who decides it on what to do. It is always the opinion of majority members.
It is not I, who decides it on what to do. It is always the opinion of majority members.
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gc101
08-02 05:08 PM
Best answer so far. One more thing, you can hold back some silly thing making sure you get RFE
Didn't do that(For my own personal reasons). Hoping for having enough time (1 day or two max) before my PD gets current and I send in my future wife's AOS on the first day they become current. If it gets approved, I am screwed and she has to have her own GC processing.
Also, send your application just before Aug 17th (say 15th).
I couldn't wait, because I have to attend my sister's marriage on Sep5th, so, now, I am waiting for the receipt. I am in such a bind, looks like I aged two years in 15 days :) .
gc101.
Didn't do that(For my own personal reasons). Hoping for having enough time (1 day or two max) before my PD gets current and I send in my future wife's AOS on the first day they become current. If it gets approved, I am screwed and she has to have her own GC processing.
Also, send your application just before Aug 17th (say 15th).
I couldn't wait, because I have to attend my sister's marriage on Sep5th, so, now, I am waiting for the receipt. I am in such a bind, looks like I aged two years in 15 days :) .
gc101.
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hunkuncontrolled
04-01 04:41 PM
I haven't applied for green card yet. Is IV only for GC purposes or it addresses other issues too which makes life of H1b holder hell?
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vishaal
05-11 12:41 PM
The IV wikki does not address this point.
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Marphad
01-13 05:54 PM
are logic life ko nahi jaante aap?
logiclife is a bhagwan .... he is sabka baap .. sabse bada saanp.... aaj kal chup chaap :D:D
(translation: ramblings in hindi language ... the crawling vb has made me sick & delirious)
I think you meant "saab" and not "saanp" ;). Or it was a deliberate mistake :D Just kidding.
logiclife is a bhagwan .... he is sabka baap .. sabse bada saanp.... aaj kal chup chaap :D:D
(translation: ramblings in hindi language ... the crawling vb has made me sick & delirious)
I think you meant "saab" and not "saanp" ;). Or it was a deliberate mistake :D Just kidding.
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belmontboy
03-15 09:31 PM
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
There are few things you need to findout first:
1.) what section did u get conviction? does this section constitute a CMT in your state?
2.) if its a CMT, then what was the maximum sentence for this crime in your state?
Do research on "inadmissibility" w.r.t CMT's. There are waivers for first time offenders. See if you qualify for any.
Since these vary state to state, I am not sure if any on this forum could help you. Also not to mention, only an expert could give you correct advise on this.
I suggest the best person to get this addressed is criminal immigration attorneys. If you are from state of CA, you could research on Norton Tooby.
Good luck and god bless
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
There are few things you need to findout first:
1.) what section did u get conviction? does this section constitute a CMT in your state?
2.) if its a CMT, then what was the maximum sentence for this crime in your state?
Do research on "inadmissibility" w.r.t CMT's. There are waivers for first time offenders. See if you qualify for any.
Since these vary state to state, I am not sure if any on this forum could help you. Also not to mention, only an expert could give you correct advise on this.
I suggest the best person to get this addressed is criminal immigration attorneys. If you are from state of CA, you could research on Norton Tooby.
Good luck and god bless
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saimrathi
07-10 09:16 AM
Yes, flight to DC would have been then recovered from USCIS in the lawsuit against them.. :)
We have a few people making their way to USCIS - so we should know in sometime.
Actually when I say a few, there are probably only 3 or 4. Even after working the phones, emails and private messages, we could not get too many DC area members to help out.
If I have one regret for this campaign it is that I should have booked my flight tickets to DC - it would have been just so exciting to have such a good opportunity to voice our issues and concerns.
We have a few people making their way to USCIS - so we should know in sometime.
Actually when I say a few, there are probably only 3 or 4. Even after working the phones, emails and private messages, we could not get too many DC area members to help out.
If I have one regret for this campaign it is that I should have booked my flight tickets to DC - it would have been just so exciting to have such a good opportunity to voice our issues and concerns.
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rimzhim
02-07 01:56 PM
i would really discourage ppl who are not insiders of nebraska uscis or whatever to scare ppl from filing eb2 or converting to eb2 from eb3. how do you know what nebraska is doing?
did not mean to discourage, just be prepared because after the 140 is rejected, you have to start all over again and you lose time in the process. BTW, ask any lawyer, and you will hear the same about Nebraska.
also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.
did not mean to discourage, just be prepared because after the 140 is rejected, you have to start all over again and you lose time in the process. BTW, ask any lawyer, and you will hear the same about Nebraska.
also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.
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prolegalimmi
03-27 07:09 PM
And so are other 3 in the core group. We are as concerned about back logs as you are because its a personal battle for us too!
There has been established a way to deal with backlogs at Dallas and Philly, and these officials at PBEC and DBEC have been given a deadline of Sept 2007 to clear everything. So someting is and will be done in this regard. Not much more can be done here with PBEC or DBEC, and the real test is to get solutions for the retrogression.
Once the laws are passed on the immigration reforms, its a done deal my friend, and then it does not matter how much we try after this to address retrogression. This is our only chance.
BUT realize that there have been delays in PBEC and DBEC only because of lack of resources, which can be added or taken off...and this will speed up or slow down DBEC or PBEC. This can be controlled outside legislation.
BUT THAT IS NOT THE CASE WITH RETROGRESSION. NO VISA NUMBERS = NO PROGRESS TOWARDS FINAL GREEN CARD. DONE DEAL.
SO PLEASE FIGHT FOR RETROGRESSION AND DO NOT LOSE FOCUS BY FOCUSSING ON PBEC AND DBEC. PBEC AND DBEC IS JUST A RESOURCE ISSUE AND NOT A NUMBERS AVAILABILITY ISSUE. LETS NOT LOSE THE WAR TRYING TO WIN A SMALL BATTLE.
There has been established a way to deal with backlogs at Dallas and Philly, and these officials at PBEC and DBEC have been given a deadline of Sept 2007 to clear everything. So someting is and will be done in this regard. Not much more can be done here with PBEC or DBEC, and the real test is to get solutions for the retrogression.
Once the laws are passed on the immigration reforms, its a done deal my friend, and then it does not matter how much we try after this to address retrogression. This is our only chance.
BUT realize that there have been delays in PBEC and DBEC only because of lack of resources, which can be added or taken off...and this will speed up or slow down DBEC or PBEC. This can be controlled outside legislation.
BUT THAT IS NOT THE CASE WITH RETROGRESSION. NO VISA NUMBERS = NO PROGRESS TOWARDS FINAL GREEN CARD. DONE DEAL.
SO PLEASE FIGHT FOR RETROGRESSION AND DO NOT LOSE FOCUS BY FOCUSSING ON PBEC AND DBEC. PBEC AND DBEC IS JUST A RESOURCE ISSUE AND NOT A NUMBERS AVAILABILITY ISSUE. LETS NOT LOSE THE WAR TRYING TO WIN A SMALL BATTLE.
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qplearn
10-10 03:47 PM
it might seem like eb2 has moved.. and it has from last month...but this is where we were at in april 2006 (may2006 bulletin -1st jan 2003) before the dates stagnated for a cupl of months, became unavailable and finally moved backwards in october.
so basically no movement for 7 months.
This is true but I was fearing worse. It could have remained at Jun 01.
so basically no movement for 7 months.
This is true but I was fearing worse. It could have remained at Jun 01.
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anilnag
01-23 04:46 PM
All the positive comments about EB3 I cutoff movement seem to emnate from the possibility of passing the Senate Bill 9 sometime this year. Below links have more information about these.
http://24ahead.com/comprensive-immigration-reform-returns-s9-stronger-economy-s
http://www.immigration-information.com/forums/showthread.php?t=6958
Reading the posts, it looks like immigration reform is on priority for new congress because it is one the first 10 placeholder Bills.
http://24ahead.com/comprensive-immigration-reform-returns-s9-stronger-economy-s
http://www.immigration-information.com/forums/showthread.php?t=6958
Reading the posts, it looks like immigration reform is on priority for new congress because it is one the first 10 placeholder Bills.
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ragz4u
04-03 10:47 AM
We are working really hard to get our amendments in. Please understand, we are not doing this for fun. We are into this just like you for our green cards. It would really help if we get support instead of having to answer the same questions over and over
To emphasize again
We are trying to get our amendments in the bill. It is not an easy task considering that the senators have achieved a fine balance behind the doors and are unwilling to be the ones to break it. But again, we are going full steam with this as it means as much to us as to you. And remember, we are a voluntary non-profit organization. Before you start doubting anyone here, remember, there is no gain for us doing this.
To emphasize again
We are trying to get our amendments in the bill. It is not an easy task considering that the senators have achieved a fine balance behind the doors and are unwilling to be the ones to break it. But again, we are going full steam with this as it means as much to us as to you. And remember, we are a voluntary non-profit organization. Before you start doubting anyone here, remember, there is no gain for us doing this.
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indyanguy
10-01 07:45 PM
From what I can gather, from the immigration perspective:
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
saileshdude
02-06 06:47 PM
Vinod,
Some more info that may help you. Once you the get exact reason for denial and if it is because of AC21 wrongful denial then file Form to Ombudsman and attach your employment letter with clear job description showing you work in same/similar classification, explaining that you fulfilled AC21 conditions and that your I-485 was wrongfully denied along with your MTR receipt (once you file MTR).
Please note this is from what I have read other posts on this board and not from my personal experience. Also IV would also be able to guide you in resolving this situation.
Some more info that may help you. Once you the get exact reason for denial and if it is because of AC21 wrongful denial then file Form to Ombudsman and attach your employment letter with clear job description showing you work in same/similar classification, explaining that you fulfilled AC21 conditions and that your I-485 was wrongfully denied along with your MTR receipt (once you file MTR).
Please note this is from what I have read other posts on this board and not from my personal experience. Also IV would also be able to guide you in resolving this situation.
ianlock
07-23 04:42 PM
thanks
should be due any time now then.
we will wait and see.
Ian.
should be due any time now then.
we will wait and see.
Ian.