JunRN
12-29 04:42 PM
The problem really was that IOs are not properly briefed on AC21. There are some cases where they have to ask their supervisors about it. What if the supervisors are also not familiar with AC21?
As others are saying, IOs will soon gain more knowledge on AC21 as many will use it due to the retrogression. Until that time, it is risky.
As others are saying, IOs will soon gain more knowledge on AC21 as many will use it due to the retrogression. Until that time, it is risky.
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bkarnik
04-10 03:26 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.
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.
ganguteli
06-17 02:06 PM
Would you like to send a mass mailer to all to generate momentum ???
I am posting it on a forum used by my Brazilian friends. Folks let us spread the word and post about it everywhere.
I am posting it on a forum used by my Brazilian friends. Folks let us spread the word and post about it everywhere.
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USDream2Dust
04-08 03:04 PM
They didn't mentioned it in the press release though..
But this is USCIS. To calculate 21605-20000 they need full business day. Jokes apart they haven't mentioned. My guess is probability of winning lotto on Masters quota would be far higher than on regular quota. I could be wrong.
But this is USCIS. To calculate 21605-20000 they need full business day. Jokes apart they haven't mentioned. My guess is probability of winning lotto on Masters quota would be far higher than on regular quota. I could be wrong.
more...
calabor2001
05-07 11:52 PM
I don't even know where to start on this. Should I be angry or frustrated or laugh at the incompetence of DoS/USCIS or is it just time to leave US and move to more immigration friendly country or better yet - settle down in my home country. I have spent close to a decade in the US, already have a Masters and almost done with the second one. Decided to take a break and visit India/family after 3.5 years. Guess what, I am stuck - since Jan. 7th 2008. No questions asked, no information provided - just handed over a pink slip in the name of "221g - Additional Administrative Processing". So, from being a law-abiding citizen paying his taxes and doing everything by the book, I overnight became a "threat to the national security" whose background needed to be checked. What kind of BS is that? And why for heaven's sake are you worried about me AFTER I have already left the country on my own accord. Subject me to SC while I am there and deport me if something fishy is found. Don't make me go through this WHEN I MYSELF left the country... Oh! Logic - these F@#$heads don't have that.
I don't even have a freaking traffic violation on my name and here I am. Go figure! thankfully, I have family in New Delhi (I went to the embassy here) and a fast Internet connection to continue working - but for how long?
I have called DoS religiously every week for the last few months now... same crappy response, just a different day. I went to the embassy last week to inquire and oh my lord! I was treated like a terrorist. My wife took an Infopass apptt. to figure out and the officer said, "Who knows your husband may be involved in something you don't know?" :) That is when we gave up laughing... understanding and agreeing that if nothing changes in a reasonable amount of time (to each his own) we will change our situation our selves.
I don't even have a freaking traffic violation on my name and here I am. Go figure! thankfully, I have family in New Delhi (I went to the embassy here) and a fast Internet connection to continue working - but for how long?
I have called DoS religiously every week for the last few months now... same crappy response, just a different day. I went to the embassy last week to inquire and oh my lord! I was treated like a terrorist. My wife took an Infopass apptt. to figure out and the officer said, "Who knows your husband may be involved in something you don't know?" :) That is when we gave up laughing... understanding and agreeing that if nothing changes in a reasonable amount of time (to each his own) we will change our situation our selves.
pooja_34
12-20 04:06 PM
I think we need an IV movement to fix the Indian Consulates - They are absolutely pathetic - Lets get our house in order before we try to fix the USCIS !!! Does anybody know what is the email address for Meera Shankar - Indian Ambassador to US. We need to bombard her with emails about how badly the Indian consulates in the US are run.
more...
octoberbloom
01-12 03:27 PM
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?
I just wanted to give a try and see if this trigger my case. Please advice.
Thanks,
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?
I just wanted to give a try and see if this trigger my case. Please advice.
Thanks,
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axp817
04-03 09:55 AM
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
+1. That is fantastic.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
+1. That is fantastic.
more...
gmatch
12-13 03:56 PM
It is not that i have full basket of apples now... my previous 2-employers promised me to start labor...but they did not do it..even i sent my docs 2-times to the previous employer ..but they gave lie assurances & very dumb...so i have lost my 2.5 years just waiting on their promises...& nothing got.
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
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mchundi
12-13 03:19 PM
yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.
From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"
---post from immigration portal
indian_gc_ocean
Registered User Join Date: Jul 2006
Posts: 194
The following is from November 2005 visa bulletin published October 2005.
"During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."
Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.
There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.
This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.
I wouldn't care about where the overflow/spillover goes as it is not for India.
Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.
In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
--MC
From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"
---post from immigration portal
indian_gc_ocean
Registered User Join Date: Jul 2006
Posts: 194
The following is from November 2005 visa bulletin published October 2005.
"During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."
Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.
There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.
This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.
I wouldn't care about where the overflow/spillover goes as it is not for India.
Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.
In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
--MC
more...
gk_2000
07-29 01:57 AM
Just listened to it from home.
God help us if such ignoramuses are at the helm of decisionmaking
God help us if such ignoramuses are at the helm of decisionmaking
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jsb
12-18 04:20 PM
Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.
more...
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eb3India
04-13 11:19 AM
May Visa Bulletin is out. EB3 ROW and Philippines seem to have moved by 1 year.
"Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year."
good atleast something is moving,
congradulations ROW and Philis
"Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year."
good atleast something is moving,
congradulations ROW and Philis
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Widget
04-15 10:25 AM
Thanks
In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...
In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...
more...
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aug2007
05-31 05:06 PM
Done
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jetguy777
07-08 05:16 PM
This is an excerpt from Ron Gotcher's website that addresses a possible outcome for these bills:
"As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.
Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
"As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.
Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
more...
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shamu
01-10 11:16 AM
Shamu
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
Medicaid, I believe I don't quality because of my pay.
I am looking for some payment options from Hospitals which take care from prenatal to Delivery. I have individual insurance but, that would not cover maternity insurance. In Texas you would not get individual insurance with maternity.
But I have learn't that when you have individual insurance would cover all complications of delivery, including new born baby, but not regular delivery charges.
I hope some one on this forum would have some good information which would be helpful to me.
Any one reading this post, please provide your suggestions or ideas. That would be really helpful.
Thanking in advance.
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
Medicaid, I believe I don't quality because of my pay.
I am looking for some payment options from Hospitals which take care from prenatal to Delivery. I have individual insurance but, that would not cover maternity insurance. In Texas you would not get individual insurance with maternity.
But I have learn't that when you have individual insurance would cover all complications of delivery, including new born baby, but not regular delivery charges.
I hope some one on this forum would have some good information which would be helpful to me.
Any one reading this post, please provide your suggestions or ideas. That would be really helpful.
Thanking in advance.
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priderock
07-27 04:10 PM
I am July 2 filer...
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
Too bad you forgot to fax one :) Let me know if you want the number to fax :):) Some one said it is safer to fax :)
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
Too bad you forgot to fax one :) Let me know if you want the number to fax :):) Some one said it is safer to fax :)
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rb_248
06-05 01:55 PM
I understand that is not a reliable source of tracking approval pattern, however, this is the only tracker we have available and this gives us fairly good idea about USCIS processing.
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
The samples used are not a true representative of the actual EB2 or EB3 population.
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
The samples used are not a true representative of the actual EB2 or EB3 population.
chaganti
07-31 10:12 AM
Hi,
Did any one got file# for I-485 who filed on July 02 2007 in Nebraska service center(Priority dates are current). If anybody got please let me know.
Thanks,
AC
Did any one got file# for I-485 who filed on July 02 2007 in Nebraska service center(Priority dates are current). If anybody got please let me know.
Thanks,
AC
prioritydate
08-17 07:31 PM
Bumpy... Bumpy...:D
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