lj_rr
08-25 06:24 PM
485 and 1st EAD/AP filed at TSC in July 2007
Paper Filed EAD and AP Renewal for me and spouse on 7/1/08
NSC Receipt Date:7/2/08
EAD Approved:8/18 (There was no FP)
AP Approved:8/20
EAD Card Received: 8/23 with 2 years validity from date of issue(not from date of 1st EAD expiry) .Lost only 1 month though.
Paper Filed EAD and AP Renewal for me and spouse on 7/1/08
NSC Receipt Date:7/2/08
EAD Approved:8/18 (There was no FP)
AP Approved:8/20
EAD Card Received: 8/23 with 2 years validity from date of issue(not from date of 1st EAD expiry) .Lost only 1 month though.
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PresidentO
04-01 06:35 PM
This is clearly crap.
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
bkarnik
04-10 08:29 PM
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
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aroranuj
04-19 01:30 PM
Can anyone please comment if the advise given by my attorney is accurates (ability to file new I-140 with the MTR/Appeal for the older I-140?
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
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samnay
04-01 06:24 PM
Done! #10 and #11.
Good Luck!
Good Luck!
satishku_2000
05-31 01:26 AM
Please guys, I understand the frustration we're all going through but do not compare it to what happened to the Jews under the Nazis. We are indeed in a bad situation but comparing it to genocide is too much.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
There is nothing in this world that is as evil as Nazis , People should refrain from using the word at any cost.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
There is nothing in this world that is as evil as Nazis , People should refrain from using the word at any cost.
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vsrinir
03-04 10:45 AM
EB3 Movement - Any Hopes?
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jonty_11
07-19 03:17 PM
Thanks. she is still working for the same employer who sponsored her H1. Now, she needs to continue maintaining relation and continue working working them.
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with any loopholes by being honest. I do not think lying would help and may lead to more troubles.
never lie, it can come back to bite u in the rear
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with any loopholes by being honest. I do not think lying would help and may lead to more troubles.
never lie, it can come back to bite u in the rear
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edaltsis
08-08 10:03 AM
Same thing happened with one of my friends. He went to India immediately got married and brought his wife to US, the GC status would not update at the port of entry system that quick so he took a chance. You can give a try to schedule an appointment at the Chennai embassy for dependent visa (through your H1B). My friend spoke with a reputed law firm (I dont want to mention the name here but you all know 'her') who advised this and he got lucky.
As the priority dates are current you can apply for 485 for your spouse. Good Luck!
As the priority dates are current you can apply for 485 for your spouse. Good Luck!
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485Mbe4001
06-05 11:56 AM
At least he is better than my lawyer who did not allow me to file in EB2 and also discouraged my company from applying for a second labor. Now i have PD apr or may 2002 and I wait for my turn to come. To each his own, I have read his posts on the forum and the advice seems good.
what does that have to do with anything?
the title of this thread is "Ron Gotcher's take on VB." Its what he thinks on a forum hosted by him.
a lot of these lawyers post "spicy messages." Its marketing in the 21st Century. He did not say that its grounds for a lawsuit, a reader of his forum asked him the question and he said he didnt know and the july bulletin would clarify things.
A majority of the attorneys dont do anything for the EB community. the few that do attend rallies or do the ask questions type of conference call arent really serving the community. They are doing the same thing that Gotcher is doing. I am not defending him by any means. i myself had issues with some of his posts that I feel were directed at getting more traffic to his website, but this thread was about his impression about the july bulletin. With the lack of interest at predicting VBs, this is at least something to discuss.
what does that have to do with anything?
the title of this thread is "Ron Gotcher's take on VB." Its what he thinks on a forum hosted by him.
a lot of these lawyers post "spicy messages." Its marketing in the 21st Century. He did not say that its grounds for a lawsuit, a reader of his forum asked him the question and he said he didnt know and the july bulletin would clarify things.
A majority of the attorneys dont do anything for the EB community. the few that do attend rallies or do the ask questions type of conference call arent really serving the community. They are doing the same thing that Gotcher is doing. I am not defending him by any means. i myself had issues with some of his posts that I feel were directed at getting more traffic to his website, but this thread was about his impression about the july bulletin. With the lack of interest at predicting VBs, this is at least something to discuss.
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royus77
05-19 08:56 PM
I agree ..provided they have done thier BS in US university ..i know 80 % of the indian students ( leave IITs/IIMs) will do MS because they either didn't get any job in india or admission to higher degree program
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apb
08-29 12:27 AM
Bumping
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coolpal
06-01 12:03 PM
so does this bill include EB folks or not?
I assume it does.. or this thread won't be so upbeat ;)
I assume it does.. or this thread won't be so upbeat ;)
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rsrikant
08-10 10:45 AM
who cheated whom? come on diptam. you have been here for so long...
you can not talk like that... people look forward to get advise from guys like you. not hatred..
your company/employer cheated you. not anybody else... please rethink about it.
You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.
Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.
you can not talk like that... people look forward to get advise from guys like you. not hatred..
your company/employer cheated you. not anybody else... please rethink about it.
You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.
Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.
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EndlessWait
04-24 04:42 PM
we all suffer, waiting for the administration/immigration policies to be humane to us..but honestly they've only gotten worse every year. the only good thing was the july bulletin but that also was becoz of the pressure from the big companies who'd already paid big bucks for immigration/attorney fees.
honestly here or back home no one really cares...we will get old, die tryin' perhaps but its true "might is right" and that is how the US embassy treats us.
honestly here or back home no one really cares...we will get old, die tryin' perhaps but its true "might is right" and that is how the US embassy treats us.
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gc4arun
08-05 10:45 PM
Opened 2 SR' no response from either and Infopass tomorrow morning.
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reddymjm
05-15 04:12 PM
This guy manhandled his wife and was in the jail for one day. Read his previous post in this forum. Why you are so compassanate for a women beater. ?. Now he want to marry another women. Who knows he will do same thing to her also?. Munna Bhai read his post and comment. IV is for good cause; not for people with criminal behaviour.
Good catch.
Good catch.
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bharol
08-10 01:47 AM
Waiting and hoping..
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ras
05-20 02:23 AM
nothing against this thread but also please support the below cause. It helps reduce the backlogged applicants.
http://immigrationvoice.org/forum/showthread.php?p=342274#post342274
http://immigrationvoice.org/forum/showthread.php?p=342274#post342274
chanduv23
10-31 09:47 AM
Folks, don't beat ur head on this.
OP - as long as you followed all laws and everything is perfect with you, don't worry.
Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.
Do not expect any valuble information from USCIS when your date is not current.
They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...
As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"
As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.
A proper response will give you peace of mind.
OP - as long as you followed all laws and everything is perfect with you, don't worry.
Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.
Do not expect any valuble information from USCIS when your date is not current.
They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...
As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"
As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.
A proper response will give you peace of mind.
vkallank
07-10 01:21 PM
how about a peaceful protest at CNN headquarters in Atlanta and at other CNN stations.
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