chandrajp
04-20 02:12 PM
I am getting ready to file I-485. Is it mandatory to apply I-131(EAD) and I-765 (AP)? I got 3yr extension which is valid till 2009 and i am not planning to use EAD anytime soon.
What if i just apply for I-485 in the beginning and apply for EAD or AP whenever there's need? Please let me know.
Thanks
You can apply EAD/AP whenever you want to, provided you have filed I485. It need not be exactly at the time the I485 is filed.
What if i just apply for I-485 in the beginning and apply for EAD or AP whenever there's need? Please let me know.
Thanks
You can apply EAD/AP whenever you want to, provided you have filed I485. It need not be exactly at the time the I485 is filed.
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nomad
07-12 02:22 AM
http://www.sacbee.com/110/story/262484.html
Editorial: Green card fiasco
Stop mistreating those who play by rules
-
Published 12:00 am PDT Monday, July 9, 2007
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them.
As Los Angeles immigration attorney Carl Shusterman said last Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas."
Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system."
This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost.
In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point?
In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
--------------------------------------------------------------------------------
Editorial: Green card fiasco
Stop mistreating those who play by rules
-
Published 12:00 am PDT Monday, July 9, 2007
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them.
As Los Angeles immigration attorney Carl Shusterman said last Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas."
Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system."
This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost.
In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point?
In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
--------------------------------------------------------------------------------
ameryki
09-18 02:56 PM
anyone looking to start off with 2 free months of vonage pm me.
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zbd
06-26 12:28 AM
I'm not willing to change the employer but what If I stay with current employer and find an other job as part-time (say weekends) after getting my EAD ?
Is it fraud too ?
Is it fraud too ?
more...
kushaljn
01-07 11:23 PM
Here is the email response which I have received from Mumbai N IV.
=====================
Dear Sir:
Thank you for your correspondence, regarding electronic verification of H, L, O, P and Q petitions through the Petition Information Management Service (PIMS).
PIMS is now the sole source for confirmation that a NIV petition has been approved.
All questions regarding this new service should be directed to the Bureau of Consular Affairs� Public Inquiries Division of the State Department. You may contact them at the following numbers and e-mail addresses:
Fax Number: 202-663-3899
Public Inquiries: 202-663-1225
Public e-mails (automated replies only): usvisa@state.gov
In case we do receive the electronic verification an email will be sent to you regarding the same. Once you receive the mail you will need to submit your documents to the VFS. We regret we cannot give any timeframe regarding the completion of this process. I hope this information has been helpful to you.
Regards,
Mumbainiv/cg
=====================
Sorry to say, this new system has been designed and implemented not taking into consideration,how it is impacting all the applicants. There is no timelines which are published for cases like ours. In short the new system will delay things.
:confused::mad:
I read on the murthy.com website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.
For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.
There is no number to call here to check on status - I have been sending emails to mumbaiNIV@state.gov but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.
=====================
Dear Sir:
Thank you for your correspondence, regarding electronic verification of H, L, O, P and Q petitions through the Petition Information Management Service (PIMS).
PIMS is now the sole source for confirmation that a NIV petition has been approved.
All questions regarding this new service should be directed to the Bureau of Consular Affairs� Public Inquiries Division of the State Department. You may contact them at the following numbers and e-mail addresses:
Fax Number: 202-663-3899
Public Inquiries: 202-663-1225
Public e-mails (automated replies only): usvisa@state.gov
In case we do receive the electronic verification an email will be sent to you regarding the same. Once you receive the mail you will need to submit your documents to the VFS. We regret we cannot give any timeframe regarding the completion of this process. I hope this information has been helpful to you.
Regards,
Mumbainiv/cg
=====================
Sorry to say, this new system has been designed and implemented not taking into consideration,how it is impacting all the applicants. There is no timelines which are published for cases like ours. In short the new system will delay things.
:confused::mad:
I read on the murthy.com website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.
For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.
There is no number to call here to check on status - I have been sending emails to mumbaiNIV@state.gov but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.
malaGCPahije
08-08 09:38 AM
You can't move to EB2 if both employer and position remain the same. I was promoted after working with them for 3 years!:rolleyes: Plus I have a Masters in Computer Science. My new position required more experience and a Master's Degree, hence qualified for an EB2.
Similarly, you can change employers and look for a better job. Then you can use the experience gained at the previous employer. But, ALWAYS, the job requirement has to state the need for years of experience or Advanced degree.
This helps answer my question. I am a little unclear about promotions and whether that will qualify one for a new labor, etc. I personally am not planning to change anything at the moment. My promotion, etc is not being stalled because of my status. So I am OK. Thanks again for your answer.
Similarly, you can change employers and look for a better job. Then you can use the experience gained at the previous employer. But, ALWAYS, the job requirement has to state the need for years of experience or Advanced degree.
This helps answer my question. I am a little unclear about promotions and whether that will qualify one for a new labor, etc. I personally am not planning to change anything at the moment. My promotion, etc is not being stalled because of my status. So I am OK. Thanks again for your answer.
more...
test101
07-09 06:36 PM
Time to send pizza then
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asanghi
05-15 12:27 PM
A few months back, when there was no visibility when priority dates will become current, my wife had converted from H4 to F1 so that she could work. She is currently working on CPT, and also has applied for OPT, which will start in August.
Now with my priority date June 2002 becoming current, we must decide what to do. My lawyer had told me earlier that filing 485 while on F1 is not advisable.
Has anyone been in similar situation? What is the best way to take advantage of priority dates, so that my wife does not have to be away from job for a long time.
Any suggestions will be appreciated.
Now with my priority date June 2002 becoming current, we must decide what to do. My lawyer had told me earlier that filing 485 while on F1 is not advisable.
Has anyone been in similar situation? What is the best way to take advantage of priority dates, so that my wife does not have to be away from job for a long time.
Any suggestions will be appreciated.
more...
DesiGuy
09-10 02:48 AM
early morning in Uk. glad to see the momentum...will start calling (again) soon and leaving vm's.
good luck to all
good luck to all
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immm
07-11 02:04 PM
It probably has been covered already but here are the flowers:
http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002061.jpg (http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002061.jpg)
http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002064.jpg (http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002064.jpg)
http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002061.jpg (http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002061.jpg)
http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002064.jpg (http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002064.jpg)
more...
yagw
01-29 09:39 PM
I am going to start as soon as I calm down :)
however, it is not easy preparing with a whining toddler at my knees ,
*goes off to find daycare*
Another thought... they might have been confused with EAD through L1/B1 etc dependent and EAD through pending AOS. The first case is temporary and depends on the primary applicant status. See if thats their concern and clarify...
Good luck!!!
yagw
however, it is not easy preparing with a whining toddler at my knees ,
*goes off to find daycare*
Another thought... they might have been confused with EAD through L1/B1 etc dependent and EAD through pending AOS. The first case is temporary and depends on the primary applicant status. See if thats their concern and clarify...
Good luck!!!
yagw
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jungalee43
09-14 05:20 PM
Following is my draft. Any and all suggestions welcome.
I still need a link to the testimony of USCIS director confirming wastage of green cards. I would greatly appreciate if someone compiles list of e-mail addresses of judiciary committee members. Please note I would be making calls myself. E-mail is only for colleauges as I can't ask for their time on telephone calls. Here is my dreaft: -
Dear Member of Congress:
Congress has an opportunity before it adjourns to help advance U.S. innovation leadership by
enacting H.R. 5882, a modest, bipartisan bill that would simply “recapture” employment-based
immigrant visas numbers that Congress authorized in prior fiscal years, but that went unused due
to government processing delays. H.R. 5882 is a common sense measure that should be enacted
without delay this year.
H.R. 5882, which Representative Zoe Lofgren introduced with Representative Jim
Sensenbrenner, would help reduce visa backlogs by recapturing Congressionally authorized EB green cards from prior fiscal years that went unused due to bureaucratic delays.
What is H.R. 5882?
By recapturing unused green cards H.R. 5882 would address the issues of justice, equality, fairness and efficiency; at least temporarily.
H.R. 5882 addresses a very important issue of discrimination of high skilled immigrants in the US immigration system on the basis of their country of birth. As per the current law the quota of employment based green card is equally distributed to applicants on the basis of their country of birth. No single country can take more than 7% of the annual quota of 140,000 green cards. Thus the applicants born in two countries India and China, who contribute more than 50% of the high skilled immigrants, have to wait lot longer than applicants born in other country. Simply put an applicant born in XYZ country gets green card in six months and applicants born in India or China with exact same skill sets & exact same contribution to US economy has to wait for years and years indefinitely for his/her green card.
In addition to this, due to bureaucratic delays, a lot of green cards go unused from the annual quota of 140,000 every year resulting in processing backlog stretching up to decades.
What H.R. 5882 is not?
H.R. 5882 is not an amnesty. It does not legalize any illegal immigrant. It does not provide any waiver to any unlawful stay or unlawful activity in the US.
It does not increase congressionally authorized immigration limits. It does not authorize even one extra green card than what is authorized by congress.
It does not take jobs away from US, rather helps keep the job in US.
It is very important to note that the overflow of visa numbers in the family based immigration system is transferred to employment based system but NEVER vice versa.
All the high skilled immigrants who are in green card limbo are in this country for many years now and contributing to economy, paying taxes. They have steady jobs and during the three stages process of green card it has been established multiple times that a US citizen or permanent resident is not available for that job. Close to million applicants are limbo due to bureaucratic delays and country based quota system. If they get green cards they are in position to buy new house, car, start new business etc. there by making significant contribution to economy.
I request you to support the passage of the bill through US congress.
I still need a link to the testimony of USCIS director confirming wastage of green cards. I would greatly appreciate if someone compiles list of e-mail addresses of judiciary committee members. Please note I would be making calls myself. E-mail is only for colleauges as I can't ask for their time on telephone calls. Here is my dreaft: -
Dear Member of Congress:
Congress has an opportunity before it adjourns to help advance U.S. innovation leadership by
enacting H.R. 5882, a modest, bipartisan bill that would simply “recapture” employment-based
immigrant visas numbers that Congress authorized in prior fiscal years, but that went unused due
to government processing delays. H.R. 5882 is a common sense measure that should be enacted
without delay this year.
H.R. 5882, which Representative Zoe Lofgren introduced with Representative Jim
Sensenbrenner, would help reduce visa backlogs by recapturing Congressionally authorized EB green cards from prior fiscal years that went unused due to bureaucratic delays.
What is H.R. 5882?
By recapturing unused green cards H.R. 5882 would address the issues of justice, equality, fairness and efficiency; at least temporarily.
H.R. 5882 addresses a very important issue of discrimination of high skilled immigrants in the US immigration system on the basis of their country of birth. As per the current law the quota of employment based green card is equally distributed to applicants on the basis of their country of birth. No single country can take more than 7% of the annual quota of 140,000 green cards. Thus the applicants born in two countries India and China, who contribute more than 50% of the high skilled immigrants, have to wait lot longer than applicants born in other country. Simply put an applicant born in XYZ country gets green card in six months and applicants born in India or China with exact same skill sets & exact same contribution to US economy has to wait for years and years indefinitely for his/her green card.
In addition to this, due to bureaucratic delays, a lot of green cards go unused from the annual quota of 140,000 every year resulting in processing backlog stretching up to decades.
What H.R. 5882 is not?
H.R. 5882 is not an amnesty. It does not legalize any illegal immigrant. It does not provide any waiver to any unlawful stay or unlawful activity in the US.
It does not increase congressionally authorized immigration limits. It does not authorize even one extra green card than what is authorized by congress.
It does not take jobs away from US, rather helps keep the job in US.
It is very important to note that the overflow of visa numbers in the family based immigration system is transferred to employment based system but NEVER vice versa.
All the high skilled immigrants who are in green card limbo are in this country for many years now and contributing to economy, paying taxes. They have steady jobs and during the three stages process of green card it has been established multiple times that a US citizen or permanent resident is not available for that job. Close to million applicants are limbo due to bureaucratic delays and country based quota system. If they get green cards they are in position to buy new house, car, start new business etc. there by making significant contribution to economy.
I request you to support the passage of the bill through US congress.
more...
house David Cook (AP file)
eb_retrogession
01-05 02:48 PM
When I try to go to the thread "Membership Drive Suggestions",
I get the following message:
grimus, you do not have permission to access this page. This could be due to one of several reasons:
1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Log Out Home
Can the admin sort this problem out for me please?
Thanks.
grimus
grimus.
You may not have access to the secured thread. To get access, you need to send an email to info@immigrationvoice.org with your phone number. Someone will contact you and grant you the access. This is just to make sure we are like-minded ppl on the secured threads. Pls remember, there are plenty of anti-immigrants that want to jeopardize our efforts/
I get the following message:
grimus, you do not have permission to access this page. This could be due to one of several reasons:
1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Log Out Home
Can the admin sort this problem out for me please?
Thanks.
grimus
grimus.
You may not have access to the secured thread. To get access, you need to send an email to info@immigrationvoice.org with your phone number. Someone will contact you and grant you the access. This is just to make sure we are like-minded ppl on the secured threads. Pls remember, there are plenty of anti-immigrants that want to jeopardize our efforts/
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zCool
03-24 04:36 PM
Companies can and will have internal documentation standards regarding employibility.
In fact lately, judges have even upheld firings of smokers from certain companies.
IF there is a pattern of discrimination based on age, sex, national origin etc etc. THEN you can sue.. but NOT just because you don't like the policy of the employers..
People don't realize it but US laws actually give plenty of leeway to employers related to that.. only relevent law applying here would be "EEO" and that doesn't mention anything related to EAD.
Legally you don't have a leg to stand on.. but you can try.. tell the lawyer , they have chance to set precedent!
In fact lately, judges have even upheld firings of smokers from certain companies.
IF there is a pattern of discrimination based on age, sex, national origin etc etc. THEN you can sue.. but NOT just because you don't like the policy of the employers..
People don't realize it but US laws actually give plenty of leeway to employers related to that.. only relevent law applying here would be "EEO" and that doesn't mention anything related to EAD.
Legally you don't have a leg to stand on.. but you can try.. tell the lawyer , they have chance to set precedent!
more...
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whitecollarslave
03-28 03:28 PM
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
As per Ron Gotcher, "Anyone with I-140 portability and an EAD is a "US worker" as that term is defined by the Department of Labor.".
See:
http://immigration-information.com/forums/showthread.php?t=4704
and also
http://immigration-information.com/forums/showthread.php?t=4702
As per Ron Gotcher, "Anyone with I-140 portability and an EAD is a "US worker" as that term is defined by the Department of Labor.".
See:
http://immigration-information.com/forums/showthread.php?t=4704
and also
http://immigration-information.com/forums/showthread.php?t=4702
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Desi Unlucky
10-01 08:38 PM
Finallly, my online status changed from "Initial review" -> "Document production" and also got email from Senator's office that my case is approved.
I think I got it....but not 100% sure yet...no approval emails yet... or no other proof.
Thanks,
-N
congrats !!!! Good to see an approval on older PD
I think I got it....but not 100% sure yet...no approval emails yet... or no other proof.
Thanks,
-N
congrats !!!! Good to see an approval on older PD
more...
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dollar500
01-07 09:50 PM
I was curious if there are any legal repercussions of this kind of letter to the president himself.
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sunny1000
07-09 09:31 PM
Ofcourse, they have to put up resources, van, driver to drive these flowers and deliver.
I don't think they will go thru with it fully. They may just send the first batch of flowers to the veterans and then, send the rest to the trash...:eek:
I don't think they will go thru with it fully. They may just send the first batch of flowers to the veterans and then, send the rest to the trash...:eek:
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letstalklc
08-21 05:30 PM
I recharged my account 10 days back at aitell 9.99 for 600 mins valid for 45 days. Today not allowing to make call due to insufficient balance. From the call history on their website, I only used 300+ minutes after recharge. I got doubt and looked all my recharges and usage from last 3 months. They are giving less minutes than advertisements on their website. I called to check with them today and customer service number is always busy. Any body using Airtel check your account history.
I had similar issue with them yesterday and also lost minutes, I tried to reach them for at least 90 minutes, finally I am able to get in touch with customer service rep and she confirmed me that they are running into some issues that they said that technical upgrade and confirmed me that after 2 hours I will get my minutes back (After that upgrade)...I have checked and it came back......
so speak with them, I am sure you will get yours back.....good luck
I had similar issue with them yesterday and also lost minutes, I tried to reach them for at least 90 minutes, finally I am able to get in touch with customer service rep and she confirmed me that they are running into some issues that they said that technical upgrade and confirmed me that after 2 hours I will get my minutes back (After that upgrade)...I have checked and it came back......
so speak with them, I am sure you will get yours back.....good luck
needhelp!
01-11 02:35 PM
Yeah.. weird right? The only conclusion can be that they DO have a hidden agenda.
I Unless they have a hidden agenda, they should be supporting IV's letter campaign.
How is this in conflict? Am I missing something?
I Unless they have a hidden agenda, they should be supporting IV's letter campaign.
How is this in conflict? Am I missing something?
Hunter
05-11 12:23 AM
that is your problem dude. you can shovel dirt but can not argue with reason. Logic gets lost in passion and words whose meaning you do not know get thrown around and tie you in knots. btw logic is another major component of software engineering and on current evidence its not your strong point.
Go f*** yourself with nonsense about logic. Wasn't it your compatriot from India who started writing nonsense about americans here.
This is precisely the problem with Indian mentality that average americans interacted with americans complain about. Unfortunately IDIOTIC indians such as yourself think for some reason you have a monopoly on logic, when you are the one who involve in emotional arguing as can be evidenced in this thread. Read the last 1 page
Go f*** yourself with nonsense about logic. Wasn't it your compatriot from India who started writing nonsense about americans here.
This is precisely the problem with Indian mentality that average americans interacted with americans complain about. Unfortunately IDIOTIC indians such as yourself think for some reason you have a monopoly on logic, when you are the one who involve in emotional arguing as can be evidenced in this thread. Read the last 1 page
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