rp0lol
07-11 11:59 AM
I read this in another thread... May be USCIS wants to collect more money for EAD renewals by moving eb2 date and issuing 1yr approval.
===========================
Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?
Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.
How will USCIS decide whether to issue an EAD valid for one or two years?
USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
==================
===========================
Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?
Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.
How will USCIS decide whether to issue an EAD valid for one or two years?
USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
==================
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NKR
04-02 12:55 PM
I reviewed my comment and I haven't wrote anything trashing another country and I didn't say that USCIS is bad. In fact, if you read carefully I am trying to defend USCIS from "Mirage's comments".
I don't know what nationality you are, but, I am an Australian and I don't need to suck up to get my green card. I will get my greencard soon, probably sooner than you.
In fact, there is a special immigration program "only for Australians" that allow me and my dependents to work and live in Australia indefinitely. That was signed in to law by the President last year, if you didn't know about that. I guess you got me wrong. Australia and America have good relationships as you know.
I still would stress to thank America for giving me the opportunity to work and live and experience America.
Please read my comments properly next time and be a little fair on your comments.
No wonder you do not like people complaining about things not moving fast enough. Dude, you got to eat something to know how it tastes.
If you are getting a GC sooner just because you are an Australian, you have no moral authority to preach people who are affected. This thread is not for you, you are welcome to visit other threads though.
I don't know what nationality you are, but, I am an Australian and I don't need to suck up to get my green card. I will get my greencard soon, probably sooner than you.
In fact, there is a special immigration program "only for Australians" that allow me and my dependents to work and live in Australia indefinitely. That was signed in to law by the President last year, if you didn't know about that. I guess you got me wrong. Australia and America have good relationships as you know.
I still would stress to thank America for giving me the opportunity to work and live and experience America.
Please read my comments properly next time and be a little fair on your comments.
No wonder you do not like people complaining about things not moving fast enough. Dude, you got to eat something to know how it tastes.
If you are getting a GC sooner just because you are an Australian, you have no moral authority to preach people who are affected. This thread is not for you, you are welcome to visit other threads though.
validIV
04-17 10:19 AM
What is the visa or immigration status of a person who has H4 visa and 485 pending (has EAD also)?
Can be either H4 or AOS
Can be either H4 or AOS
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GCwaitforever
04-02 11:49 AM
I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
more...
villamonte6100
04-02 11:58 AM
I don't know what to tell you guys.. I'm surprised to see how some people's thought process work.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories� This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories� This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
gcmadhu
12-11 04:24 PM
Hi Pappu & IV Core,
Please consider prefilling I-485 option in case if it is not already in one of the IV agenda items. This will give big relief for the folks who missed July2007. I am willing to contribute big time for this.
Please consider prefilling I-485 option in case if it is not already in one of the IV agenda items. This will give big relief for the folks who missed July2007. I am willing to contribute big time for this.
more...
qplearn
12-18 05:54 PM
you are right, and it would be nice, however
it's clear our funds are not exactly astronomical.
so let's concentrate on building them up first along with our membership.
then we can sit back and worry about how much more is really needed....
For instance, I am sure maintaining this web site must cost money. How much more money is needed for our main cost drivers until March (for instance) --- by which time we are hoping some action will be taken?
Adding more members will always help because it produces a bigger impact on senators/ house reps
it's clear our funds are not exactly astronomical.
so let's concentrate on building them up first along with our membership.
then we can sit back and worry about how much more is really needed....
For instance, I am sure maintaining this web site must cost money. How much more money is needed for our main cost drivers until March (for instance) --- by which time we are hoping some action will be taken?
Adding more members will always help because it produces a bigger impact on senators/ house reps
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chisinau
10-05 01:13 AM
Maybe I am wrong , but I cannot see it on Thomas, among those which passed along with HR 1585. Check it out, and share your opinion.
more...
delhiguy
07-06 01:35 PM
Generally they give this update on last week of every month.
for May, 05/24/2007
June, 06/28/2007
For july, 07/06/2007.
I don't know why they updated us so fast with in a week on this.
May be because they are not expecting to enter the July applications in the system (or just uptill July 2)
for May, 05/24/2007
June, 06/28/2007
For july, 07/06/2007.
I don't know why they updated us so fast with in a week on this.
May be because they are not expecting to enter the July applications in the system (or just uptill July 2)
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maximus777
06-11 10:25 AM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
USCIS is a different beast altogether - it defies all logic!
USCIS is a different beast altogether - it defies all logic!
more...
cellphone
09-01 02:58 PM
Been here since August 1995 - came on F1 undergrad
Glad to see there are people like me on this thread. I came to the US in FEB 1995 as an undergrad. I have an MS today and dropped out of the PHD program (2000) to find a job because of recessions. Survived 3 top-notch companies, recessions, despicable back-stabbing coworkers, unethical and unworkable environment, lay-offs, legal dept messing up my H1b application making me go on unpaid leave (~3wks) without health insurance, filing me under EB3 while applying EB2 for another coworker from a diff country with the same job title, etc etc....my rear end is pretty soar these days and I am beginning to question all this....
i usually dont post much...but I couldnt resist this thread
Glad to see there are people like me on this thread. I came to the US in FEB 1995 as an undergrad. I have an MS today and dropped out of the PHD program (2000) to find a job because of recessions. Survived 3 top-notch companies, recessions, despicable back-stabbing coworkers, unethical and unworkable environment, lay-offs, legal dept messing up my H1b application making me go on unpaid leave (~3wks) without health insurance, filing me under EB3 while applying EB2 for another coworker from a diff country with the same job title, etc etc....my rear end is pretty soar these days and I am beginning to question all this....
i usually dont post much...but I couldnt resist this thread
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aeroterp
06-12 04:15 PM
In many states, it is possible to renew your DL online. Why do you have to go to the actual DMV to renew? I think you should be able to avoid a lot of your troubles by applying online.
more...
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Kodi
06-21 11:44 AM
I think what he meant is 20 since Jan till now. My attorney has 10 pending and the oldest is from Feb.
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gc_on_demand
04-30 04:00 PM
I have the Real video recording for the last 23:45 minutes of the session...
Let me know if someone wants it... its about 6MB in size...
can you please upload somewhere so people like me who missed this show can see it. Lawer RON mentioned this morning that it will upset stomach. If want to be sick then see such a show.. I dont care if I become sick let me watch for fun.. A comedy show...
Let me know if someone wants it... its about 6MB in size...
can you please upload somewhere so people like me who missed this show can see it. Lawer RON mentioned this morning that it will upset stomach. If want to be sick then see such a show.. I dont care if I become sick let me watch for fun.. A comedy show...
more...
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billu
08-05 01:40 PM
hi! i am a physical therapist on h1b...all this news abt retrogression is too scary...i had a few qs:
what is the scenario for someone like me who would file I-140 in the next couple of months?
what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???
thanks
what is the scenario for someone like me who would file I-140 in the next couple of months?
what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???
thanks
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wandmaker
05-24 06:13 PM
^^^^^^
more...
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RN_Usa
08-02 10:27 AM
guys,
any updates on the bridge bill for schedule A Nurses.
Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.
any updates on the bridge bill for schedule A Nurses.
Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.
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SSSarkar
04-11 03:15 PM
Labor approved last week.
Dec 04, NJ EB3 RIR
Dec 04, NJ EB3 RIR
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desi485
11-24 05:34 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
conchshell
05-01 09:17 AM
So according to Mr. aytes, everything is fine, and house need not worry about bringing any reforms. This is a typical SYB response from a career USCIS beuorocrate.
lonedesi
08-04 04:14 PM
Letter to be sent for an I-140 petition pending at TSC:
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners
I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.
Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners
I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.
Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
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