Guys, we have already seen the Dec visa bulletin and there is absolutely no change in processing dates so its even more important to fix the AC21 issue ASAP. With this huge delay in 485 approval, more and more people will force to get into AC21 and will see more denials.
So please please, send letters.
So please please, send letters.
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.....
I hope our patience pays off and they rewsrd it with giving the GC straightaway;).....wishful thinking.....
It is possible and most efficient. Do everything at once. Best wishes.
I hope our patience pays off and they rewsrd it with giving the GC straightaway;).....wishful thinking.....
It is possible and most efficient. Do everything at once. Best wishes.
Don't you have to file Advanced Parole for your husband or can he travel just on EAD?
No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.
If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.
If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.
No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.
If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.
If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.
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Hi,
I am filing up form 485 and on Part 3 Section - Processing Information, there is a question asking for Nonimmigrant Visa Number.
Any clue about this?
Thanks in advance,
Kalpen
I am filing up form 485 and on Part 3 Section - Processing Information, there is a question asking for Nonimmigrant Visa Number.
Any clue about this?
Thanks in advance,
Kalpen
Applying 485 through Spouse
--------------------------------------------------------------------------
My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.
Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?
Your valuable response is highly appreciated.
--------------------------------------------------------------------------
My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.
Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?
Your valuable response is highly appreciated.
One more company that does not hire on EAD is Applied Biosystems
There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc
From their Employee Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf
From their Employer Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf
From OSC Update newsletter April 2004:
http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf
FAQ:
If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.
If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.
In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.
Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.
There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc
From their Employee Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf
From their Employer Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf
From OSC Update newsletter April 2004:
http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf
FAQ:
If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.
If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.
In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.
Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.
You must be kidding me if you cannot make out the difference between an approval and an RFE. It clearly states "Your Case Status: Decision"... What more do you want?
Today I got one more email (See below) and my status changed from CPO to Decision. What does that mean? Did they send an RFE?
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Decision
On September 8, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
Today I got one more email (See below) and my status changed from CPO to Decision. What does that mean? Did they send an RFE?
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Decision
On September 8, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
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Yes L1 Situation needs to be contained. Place i work has lot for L1 people on client location.
PM me OP what did you do to complain to ICE agents.
PM me OP what did you do to complain to ICE agents.
Does the letter need to have the same information as the LC. I can get a non I-485 related employment verification letter but here is the catch. The employer is dilly dallying on filing for I-485. The employer can give a letter with my job title which is "XYZ Developer" include salary, length of employment etc. But the "Final Determination" copy that I have says occupation: Computer Software Engineers, 15-1031. Does the letter have to state "Computer Software Engineer" or can it state "XYZ Developer" ? If it has to be the former that will only alert them that I am bypassing their stonewalling and the employer is only likely to refuse to include that as the job title. So which is which ? The job specific title ie "XYZ Developer" or the DOL title per the "Final Determination"
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We should send emails to Jon Stewart, Stephen Colbert, Jay Leno, David Letterman, Conan O'Brian, Jimmy Kimmel etc.
They have tremendous amount of viewership and seems like a perfect material for these shows. I will send email to these guys but if more and more peple can make them aware of this development, this news can potentially snowball. :D
Leave the late night comedians out of it.
Who do you think they will poke fun at? USCIS, Emilio Gonzalez or the people spending thousands of dollars on flowers that wont even reach the office of the intended recipient?
They have tremendous amount of viewership and seems like a perfect material for these shows. I will send email to these guys but if more and more peple can make them aware of this development, this news can potentially snowball. :D
Leave the late night comedians out of it.
Who do you think they will poke fun at? USCIS, Emilio Gonzalez or the people spending thousands of dollars on flowers that wont even reach the office of the intended recipient?
"Well Established Visa Requirement"....are you kidding me? It's not only about the visa requirement but the treatment that you get from those morons at their airport. Read the heathrow experience which people have posted and we are not making this up.
Tell me this...You are going to your home country via london where your plane is only going to land and probably refuel and you can easily be asked to remain in a cordonned area where you cannot go out of the country. How in the heck can you think that person is going to step outside of the airport and sneak into their country. Don't you think that asking for transit visa from the passengers of the plane which is only going to touch that sacred land to just too much. Ok...we don't mind that...but atleast be courteous. What is the reason can you think of another stupid security checks plus asking passengers to stuff their personal hand bag in their cabin baggage where clearly this is allowed for the passengers.
This does not make any sense unless you reason out that with other possible reasons like race, color etc etc.
It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
Tell me this...You are going to your home country via london where your plane is only going to land and probably refuel and you can easily be asked to remain in a cordonned area where you cannot go out of the country. How in the heck can you think that person is going to step outside of the airport and sneak into their country. Don't you think that asking for transit visa from the passengers of the plane which is only going to touch that sacred land to just too much. Ok...we don't mind that...but atleast be courteous. What is the reason can you think of another stupid security checks plus asking passengers to stuff their personal hand bag in their cabin baggage where clearly this is allowed for the passengers.
This does not make any sense unless you reason out that with other possible reasons like race, color etc etc.
It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
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I just watched clips that show how stridently "anti H1B" / "anti legal Indian Immigrant" Lou Dobbs is! We would be witihin our rights to boycott him and CNN.
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This is useful info. But scary :(:mad:
I was planning to get my h1b visa revalidation done at Chennai end of Jan '08.
Can anyone who goes for H1b revalidation post their experiences?
is this showing any signs of improvement?
I was planning to get my h1b visa revalidation done at Chennai end of Jan '08.
Can anyone who goes for H1b revalidation post their experiences?
is this showing any signs of improvement?
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At the cost of being bombarded by every one in this forum,
if the VB bulletin is indeed "retrogressed" to Pre madness - back to what was supposed to be the next jump from June 2003 (perhaps 6 months or more for EB3 and 2005 for EB2), this would actually be a good thing in my opinion.
What they did by making the VB current is going to have serious consequences a few months down the line. People who have been waiting for years may still not get their turn in line, while others simply jump ahead and take away the visa numbers. People are excited at the short term benefits of EAD/AP but we must look at the long term effects also.
I believe (and im entitled to my own beliefs ) that if anything, USCIS/DOS have actually finally figured out their mistake of making everything current and are now back tracking to what would be a decent situation instead of the floodgates being opened. I dont believe it has anything to do with conspiracy theories or CIR or any such thing.
And btw - i would be one of those people who spent money to get ready for the floodgates and i would also be one of those that gets stuck!
if the VB bulletin is indeed "retrogressed" to Pre madness - back to what was supposed to be the next jump from June 2003 (perhaps 6 months or more for EB3 and 2005 for EB2), this would actually be a good thing in my opinion.
What they did by making the VB current is going to have serious consequences a few months down the line. People who have been waiting for years may still not get their turn in line, while others simply jump ahead and take away the visa numbers. People are excited at the short term benefits of EAD/AP but we must look at the long term effects also.
I believe (and im entitled to my own beliefs ) that if anything, USCIS/DOS have actually finally figured out their mistake of making everything current and are now back tracking to what would be a decent situation instead of the floodgates being opened. I dont believe it has anything to do with conspiracy theories or CIR or any such thing.
And btw - i would be one of those people who spent money to get ready for the floodgates and i would also be one of those that gets stuck!
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It�s a very good idea.
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I do understand that without evidence you can't fight the conventional way or file a law suit. It would be difficult, if not impossible. I am not debating that. I never said it would be easy. Even with evidence (in case of Capital One), one can argue if thats a good enough base for fighting and whether it will do any good if the case is won. Thats not the point.
What would you do if a recruiter or employer told you (verbal or writing) that it is their policy not to hire Indians? (I am just using India as an example).
Regardless of written evidence, I would be inclined to do something about it. I am not saying that I will file a law suit. I would probably not even want to work for such an employer. But I will not be speculating that oh, there must be some loophole that allows employers to have such a policy; because many of them are saying that, it must be legal. I will not assume that they can do this under "Hire and fire" authority. We just seem to have a little difference in opinion about that. We agree on pretty much everything else. Thats all. And frankly, its good to have an opposing perspective on things.
Now, if I hear from experts that my understanding of the discrimination laws is incorrect and that it is legal for an employer to say that they will not hire somebody with EAD, I'll just shut up. Until then, I will encourage people not to be quiet and to call the hotline, file a complaint, call the media, and pursue whatever means we have at our disposal to fight what we consider injustice and fight what we believe is discrimination as per the law.
Now, I am with you:)
What would you do if a recruiter or employer told you (verbal or writing) that it is their policy not to hire Indians? (I am just using India as an example).
Regardless of written evidence, I would be inclined to do something about it. I am not saying that I will file a law suit. I would probably not even want to work for such an employer. But I will not be speculating that oh, there must be some loophole that allows employers to have such a policy; because many of them are saying that, it must be legal. I will not assume that they can do this under "Hire and fire" authority. We just seem to have a little difference in opinion about that. We agree on pretty much everything else. Thats all. And frankly, its good to have an opposing perspective on things.
Now, if I hear from experts that my understanding of the discrimination laws is incorrect and that it is legal for an employer to say that they will not hire somebody with EAD, I'll just shut up. Until then, I will encourage people not to be quiet and to call the hotline, file a complaint, call the media, and pursue whatever means we have at our disposal to fight what we consider injustice and fight what we believe is discrimination as per the law.
Now, I am with you:)
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who gets the EAD/AP attorney or applicant at his home address. Please tell me if anybody knows
Thanks
EAD and AP belongs to the applicant and Applicant gets them directly.
Thanks
EAD and AP belongs to the applicant and Applicant gets them directly.
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I don't intent to sound rude, but why would this make your life "Suck", "no social life" , "no carreer life", "no nothing life".
Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwords (heard its nice).
If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...
To quote it in a much broader sense, America is not the end of the world - period! Just take it easy and enjoy life...don't freak out if the visa bulletin updates and you don't get to file your 485...we are all in this country by our free will..if we feel the rules of the land are not fair to us..each one of us is free to leave....
On another front, if this actually does happen, I will be the first person to sue USCIS for all the expenses, lost time and headaches that I incurred in preparing the 485 application...I think USCIS can't get away without reimbursing everyone for all of the above...
Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwords (heard its nice).
If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...
To quote it in a much broader sense, America is not the end of the world - period! Just take it easy and enjoy life...don't freak out if the visa bulletin updates and you don't get to file your 485...we are all in this country by our free will..if we feel the rules of the land are not fair to us..each one of us is free to leave....
On another front, if this actually does happen, I will be the first person to sue USCIS for all the expenses, lost time and headaches that I incurred in preparing the 485 application...I think USCIS can't get away without reimbursing everyone for all of the above...
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My lawyer only asked for the W2 ans tax returns for the last two years. I think the latest two to three years shall be sufficient unless USCIS asks for all specifically.
Are there any instructions specifically asking for W2s and returns for all years of your stay ? or every one is including all they have just to be sure.
My attorney is not including any w2s/tax returns at all. According to her, their firm never files these documents and got many approval without any issue. Did you see any instructions in 485 forms that says that they are required?
Are there any instructions specifically asking for W2s and returns for all years of your stay ? or every one is including all they have just to be sure.
My attorney is not including any w2s/tax returns at all. According to her, their firm never files these documents and got many approval without any issue. Did you see any instructions in 485 forms that says that they are required?
Is there any way to find if state department will do a quarterly spill over? What is the law around this? How to get this fixed?
Please find your local congressman at http://www.house.gov
The Honorable Senator/Representative XXX
<< address>>
Re: Administrative fixes to alleviate issues faced by highly-skilled immigrants in <<state>>
Respected Senator/Representative <<lastname>>,
I am a constituent and an employment-based highly-skilled immigrant. << fill in your bio in 2-3 sentences max>>. I'm also a member of Immigration Voice, a non-profit grassroots organization working to fix the issues faced by highly-skilled immigrants like myself. Currently a million employment immigrants and their families are stuck in a backlog due to insufficient numbers and USCIS processing delays. It may be 6-12 years before these immigrants will be able to receive their green cards, if the immigration system isn't reformed.
Though Immigration Voice is interested in seeing legislative fixes passed by US Congress, it may take a long time for an agreed immigration reform to pass. Considering this fact, Immigration Voice has proposed the following points to President Bush's administration to fix some of the issues administratively. I urge you to support our cause by writing a letter to President Bush, as follows, to implement these administrative fixes without further delay.
"
Respected President Bush,
I urge you to implement the following administrative fixes immediately to help the highly-skilled immigrants waiting their turn in a severely backlogged system.
1) Recapture 218,000 unused visas wasted over the past few years administratively, in line with Congressional intent of providing 140,000 visas annually to our community.
2) Flexibility in the USCIS interpretation of "same and similar" jobs, to allow promotions and job mobility. Current USCIS rule is restrictive and pushes the applicant to the end of the line, if they accept promotions.
3) Allow filing of 'Adjustment of Status Applications', even when visa numbers are not available. This will not create an increase in visas, but will allow a number of immigrants to avail the benefits of changing jobs while waiting for their visa numbers.
4) Increase the period of Employment Authorization Document (work authorization) and Advance Parole (travel permit) to 3 years instead of the current practice of 1 year. This will reduce the burden on USCIS and on immigrants. It will also make travel to an immigrant's home country easier during emergencies.
5) Allow visa revalidation in the US as before. Currently, immigrants have to travel to their home country to renew their visas. If it was performed here in the US, it would be helpful in making it easier to travel back and forth during emergencies.
6) Restart premium processing for I-140 applications. Now that USCIS has cleared the receipting backlog, premium processing should be made available. Without it, many immigrants are unable to extend their stay beyond 6 years, if their labor certification was applied for after the completion of their 5th year of stay in the US.
"
Respectfully,
<<Full Name>>
<<Address>>
<<Phone>>
<<E-mail>>
Web-site : http://www.immigrationvoice.org (http://www.immigrationvoice.org/)
The Honorable Senator/Representative XXX
<< address>>
Re: Administrative fixes to alleviate issues faced by highly-skilled immigrants in <<state>>
Respected Senator/Representative <<lastname>>,
I am a constituent and an employment-based highly-skilled immigrant. << fill in your bio in 2-3 sentences max>>. I'm also a member of Immigration Voice, a non-profit grassroots organization working to fix the issues faced by highly-skilled immigrants like myself. Currently a million employment immigrants and their families are stuck in a backlog due to insufficient numbers and USCIS processing delays. It may be 6-12 years before these immigrants will be able to receive their green cards, if the immigration system isn't reformed.
Though Immigration Voice is interested in seeing legislative fixes passed by US Congress, it may take a long time for an agreed immigration reform to pass. Considering this fact, Immigration Voice has proposed the following points to President Bush's administration to fix some of the issues administratively. I urge you to support our cause by writing a letter to President Bush, as follows, to implement these administrative fixes without further delay.
"
Respected President Bush,
I urge you to implement the following administrative fixes immediately to help the highly-skilled immigrants waiting their turn in a severely backlogged system.
1) Recapture 218,000 unused visas wasted over the past few years administratively, in line with Congressional intent of providing 140,000 visas annually to our community.
2) Flexibility in the USCIS interpretation of "same and similar" jobs, to allow promotions and job mobility. Current USCIS rule is restrictive and pushes the applicant to the end of the line, if they accept promotions.
3) Allow filing of 'Adjustment of Status Applications', even when visa numbers are not available. This will not create an increase in visas, but will allow a number of immigrants to avail the benefits of changing jobs while waiting for their visa numbers.
4) Increase the period of Employment Authorization Document (work authorization) and Advance Parole (travel permit) to 3 years instead of the current practice of 1 year. This will reduce the burden on USCIS and on immigrants. It will also make travel to an immigrant's home country easier during emergencies.
5) Allow visa revalidation in the US as before. Currently, immigrants have to travel to their home country to renew their visas. If it was performed here in the US, it would be helpful in making it easier to travel back and forth during emergencies.
6) Restart premium processing for I-140 applications. Now that USCIS has cleared the receipting backlog, premium processing should be made available. Without it, many immigrants are unable to extend their stay beyond 6 years, if their labor certification was applied for after the completion of their 5th year of stay in the US.
"
Respectfully,
<<Full Name>>
<<Address>>
<<Phone>>
<<E-mail>>
Web-site : http://www.immigrationvoice.org (http://www.immigrationvoice.org/)
