jsb
01-05 12:59 PM
I think as a next step I will contact my Congressman after the Feb dates are released and we are still current. Do you know if it makes more sense to approach Congressman or Senator for this ? Also should I approach only 1 rep like 1 Congressman or approach both my district congressman and 2 state senators ?
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
Getting help from a Congressman may or may not help. The only difference is that processing center is obligated to reply within a specified limit. Most likely, if dates are outside advertised processing dates, they will send standard reply that your case is pending, or if by that time there is a retrogression (and your PD is not current any more), they will simply say that your PD is not current (they also attach a copy of latest bulletin). Sometimes they wait until retrogression happens, so that they can provide a convenient reply. That's what happened on Ombudsman's intervention in my case.
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
Getting help from a Congressman may or may not help. The only difference is that processing center is obligated to reply within a specified limit. Most likely, if dates are outside advertised processing dates, they will send standard reply that your case is pending, or if by that time there is a retrogression (and your PD is not current any more), they will simply say that your PD is not current (they also attach a copy of latest bulletin). Sometimes they wait until retrogression happens, so that they can provide a convenient reply. That's what happened on Ombudsman's intervention in my case.
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satyasaich
07-29 11:26 AM
and it's a 2 year valid EAD
EAD Renewal applied online on Jun21st
My Case
Got the LIN088001XXXX
FP done on 07/11
Approval Email received (card prodcution ordered)today
Spouse Case
Got an MSCXXXXXXXXX Number as receipt number
FP done on 07/11
Approval: Not yet
Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD
----
EB3/ India Nov2003
Proud Supporter of IV
"Don't go where a path leads. Rather go where there is no path and leave a trail for others"
EAD Renewal applied online on Jun21st
My Case
Got the LIN088001XXXX
FP done on 07/11
Approval Email received (card prodcution ordered)today
Spouse Case
Got an MSCXXXXXXXXX Number as receipt number
FP done on 07/11
Approval: Not yet
Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD
----
EB3/ India Nov2003
Proud Supporter of IV
"Don't go where a path leads. Rather go where there is no path and leave a trail for others"
eb3_nepa
06-28 10:34 AM
Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
EVEN MORE REASON to rush and file before the USCIS stops accepting applications.
rajakannan, you seem to be talking out of ur hat.
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
EVEN MORE REASON to rush and file before the USCIS stops accepting applications.
rajakannan, you seem to be talking out of ur hat.
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roseball
08-23 03:50 PM
Final Q, how long it took from day1 of EB2 filing to filing I140 this week ?
My PERM was filed on 30th March, approved on Aug 11th, received approval copy on 18th Aug, and I-140 to be filed this week.
There was a lot of prep work involved before filing PERM in March. My employer agreed to start the process in Oct'09 and the lawyers started the ads in early Jan.
My PERM was filed on 30th March, approved on Aug 11th, received approval copy on 18th Aug, and I-140 to be filed this week.
There was a lot of prep work involved before filing PERM in March. My employer agreed to start the process in Oct'09 and the lawyers started the ads in early Jan.
more...
chintu25
01-14 02:23 PM
Letter sent out Last Thursday . Voted too
eilsoe
02-03 05:25 AM
that smilie says it all :P
more...
sbabunle
03-17 01:36 PM
Hello Everybody
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
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stucklabor
04-10 09:13 PM
I agree with bharnik..
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
more...
Rohan99
09-19 11:04 PM
I think there should be age restriction to register on this website so that we can avoid such people. Or basic IQ test to pass...ha...ha....
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
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chumki
12-17 07:47 PM
What are the disadvantage and risk of NOT filing a AC-21 memo?
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rolrblade
02-12 02:44 PM
I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.
Not received FP yet and did not call Service center for it.
Any clues? or any experienced the same.
I had the same soft LUD on all my cases after AC21 letter was filed. No FP yet.
Not received FP yet and did not call Service center for it.
Any clues? or any experienced the same.
I had the same soft LUD on all my cases after AC21 letter was filed. No FP yet.
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JA1HIND
02-13 09:23 AM
"in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......"
Well, in that case you become a ulta employee and trouble your employer...
NKR, not sure if you heard about this one proverb... "jabh kismath GA***U hai tow kya karey ga PANDU"....we unfortunately get trapped with such type of employers who trouble their employees and learn lessons in hard way and looks like you haven't encountered any such experiences with your employer, if that's the case you are lucky enough & I wish you would NEVER fall into such employers hands who would trouble for so many other different reasons and this could be one way....or not sure if you should have one small experience and see how you feel just for the heck of it....
I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..try to improve your thought process if you can....
Well, in that case you become a ulta employee and trouble your employer...
NKR, not sure if you heard about this one proverb... "jabh kismath GA***U hai tow kya karey ga PANDU"....we unfortunately get trapped with such type of employers who trouble their employees and learn lessons in hard way and looks like you haven't encountered any such experiences with your employer, if that's the case you are lucky enough & I wish you would NEVER fall into such employers hands who would trouble for so many other different reasons and this could be one way....or not sure if you should have one small experience and see how you feel just for the heck of it....
I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..try to improve your thought process if you can....
more...
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abhijitp
08-22 12:57 PM
or how about attending rally and make it a big success and reduce your wait time to 50s.
Well said Libra. People, please focus on working to make the rally a success. The best way you can do this, is to attend! Take the various polls available to help you help yourselves or others!
http://immigrationvoice.org/forum/showthread.php?t=12441
If you want the GC, come let's go to DC!
Well said Libra. People, please focus on working to make the rally a success. The best way you can do this, is to attend! Take the various polls available to help you help yourselves or others!
http://immigrationvoice.org/forum/showthread.php?t=12441
If you want the GC, come let's go to DC!
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yestogc
06-05 02:38 PM
As soon as you use EAD, you loose H1B status---------- so answer is NO
Howerver as an EAD you can do same
Howerver as an EAD you can do same
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rockstart
06-05 08:25 AM
I thought they were doing that for a while now? Am I missing something?
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gc_on_demand
06-12 10:28 AM
Can we have some update at 11 AM ?
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hpandey
11-19 02:44 PM
United we stand - Divided we fall.. if you only want something for people with US Masters just think how far you can go without the support of the rest of the IV community.
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jfredr
08-22 11:14 AM
Thanks for posting
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mammoy2k
06-05 03:43 PM
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
amitps
10-11 10:11 PM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Did you attend the rally?
Did you attend the rally?
ramus
06-28 08:49 PM
rajakannan,
I am still waiting for your reply on this...
Please do not ask member to do what you want...
I asked you question before and I am asking you again, can you please let us know how much do you care about IV.. If you do then can you tell us what have you done till date for IV..
Please answer it now..
I am still waiting for your reply on this...
Please do not ask member to do what you want...
I asked you question before and I am asking you again, can you please let us know how much do you care about IV.. If you do then can you tell us what have you done till date for IV..
Please answer it now..
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