mdcowboy
04-28 05:48 PM
Texas also planning to join the bandwagon..
Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)
I can already see a future where there would be a law that would demand all immigrants wear some kind of bar code (rfid) so that it would be easier for law enforcement to track them down. :eek:
In regards to CIR..its all hogwash..my guess is that Dems are going to bring it on the floor and put up a masked brave fight to show that they at least tried to pass an immigration bill.
Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)
I can already see a future where there would be a law that would demand all immigrants wear some kind of bar code (rfid) so that it would be easier for law enforcement to track them down. :eek:
In regards to CIR..its all hogwash..my guess is that Dems are going to bring it on the floor and put up a masked brave fight to show that they at least tried to pass an immigration bill.
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desi485
03-24 03:12 PM
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
list of some of the threads created by "vinabath" - how many do you see meaningful???
Thread / Thread Starter Last Post Replies Views Forum
No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM
what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM
What does the dots in my profile mean?
vinabath Today 02:00 PM
Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM
by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )
by vinabath To All Newbies who are just starting out your career
vinabath
by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.
vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months
vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai
vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
list of some of the threads created by "vinabath" - how many do you see meaningful???
Thread / Thread Starter Last Post Replies Views Forum
No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM
what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM
What does the dots in my profile mean?
vinabath Today 02:00 PM
Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM
by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )
by vinabath To All Newbies who are just starting out your career
vinabath
by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.
vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months
vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai
vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??
JunRN
12-22 07:00 PM
They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).
We are in democratic country. Why not ask them first? Give them due process.
Somebody gave me "disapproval" because of the post above....I think that somebody do not believe in "due process" and "democracy".
We are in democratic country. Why not ask them first? Give them due process.
Somebody gave me "disapproval" because of the post above....I think that somebody do not believe in "due process" and "democracy".
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newbee7
07-05 07:26 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
more...
traveldoc
09-11 09:01 AM
Thanks all for your guidance. I got in touch with the local congressman's office yesterday and asked to speak with someone that handles immigration case work. The person was sooooo understanding and said that online status on USCIS Home Page (http://www.uscis.gov) is not always reliable. To my susrprise she had access to the systems that the IOs use; she checked using my receipt # and said that my case was approved but documnet was not made yet (meaning it wasn't printed yet) So the letter that I got in response to my EXPEDITE request saying 'Approved and document mailed to applicant' was an error on their part. She said she can put in the Expedite request if I can get a letter from the Dr. expalining my Garnadmother's condition. She sounded like it should be possible to expedite the document printing since case was approved already. I am awaiting the arrival of the letter.
Rb_newsletter
12-15 06:03 PM
Why did you submit pay stubs for 2+ years? Is it not enough if we submit for last 3 or 6 months?
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
more...
Bpositive
12-05 12:20 AM
"On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
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seahawks
09-09 12:59 PM
^^^ bump ^^^
more...
coolest_me
05-07 01:19 AM
I already received the RFE , This is what it says :
"On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination. all records are to be confirmed with documentation. The applicant cannot assert immunization without documentation and the physician subsequently document the lack of documentation requesting a waiver of immunization requirements. some immunization can be waived with just cause. A lack of documentation does not meet waiver requirement"
In I693 supplement form Doctor put Check on "Fully immune" column for Td, MMR and Varicella and also put the dates on when I received the vaccinations.
is there any other vaccination that is required ?
My wife also get the similar RFE , a little different language though
"On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination."
"On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination. all records are to be confirmed with documentation. The applicant cannot assert immunization without documentation and the physician subsequently document the lack of documentation requesting a waiver of immunization requirements. some immunization can be waived with just cause. A lack of documentation does not meet waiver requirement"
In I693 supplement form Doctor put Check on "Fully immune" column for Td, MMR and Varicella and also put the dates on when I received the vaccinations.
is there any other vaccination that is required ?
My wife also get the similar RFE , a little different language though
"On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination."
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singhsa3
05-01 11:50 AM
I know only three things:
a) USCIS recommend DOS what visa cut off dates are .
b) We know that cut off dates movement have been arbitrary
c) If I don't help myself there is no one who is going to help me out of this mess.
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
a) USCIS recommend DOS what visa cut off dates are .
b) We know that cut off dates movement have been arbitrary
c) If I don't help myself there is no one who is going to help me out of this mess.
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
more...
gparr
January 7th, 2005, 05:42 PM
I have the Sigma 105mm macro with a Canon mount. I think it's one of the best lens values available and highly recommend it, for price, image quality, and build quality. It's not a fast focusing lens, but I can't imagine using autofocus for macro work anyway. I assume you would get the same performance with a Nikon mount.
Gary
Gary
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vdlrao
11-19 03:50 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.
PS: I am not a lawyer. This is just my openion.
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.
PS: I am not a lawyer. This is just my openion.
more...
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ski_dude12
01-31 01:41 PM
Maybe it is because of your priority date :D:D:D.
I have had similar looking bills when I was in PA.
I have had similar looking bills when I was in PA.
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centaur
02-09 10:51 AM
Good points
In light of recent efforts to find out how each and every one of us can help our cause, I'm starting this thread to find specific things we can do to help.
Place trust in your core team. They are working on things that we can not know about.
But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?
* Remain positive and focused.
Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.
Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me
* Thinking outside the box
Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.
* Response
Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.
The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.
You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.
Lets pull together on this.
FWIW
I'm EB3 - ROW
In light of recent efforts to find out how each and every one of us can help our cause, I'm starting this thread to find specific things we can do to help.
Place trust in your core team. They are working on things that we can not know about.
But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?
* Remain positive and focused.
Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.
Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me
* Thinking outside the box
Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.
* Response
Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.
The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.
You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.
Lets pull together on this.
FWIW
I'm EB3 - ROW
more...
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austingc
08-18 02:31 PM
What do you guys think about Jadoo TV? I heard that it's good and no monthly fees.
Is anyone using it?
Is anyone using it?
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TheCanadian
01-02 02:18 AM
Is there a good way to post swfs? We can zip them, but its nice to be able to see the entries quickly. Is there any place to post them externally so the security of the forum isn't compromised? I might be able to set up an uploader in the next week for the contest on my server if it would help.
Imageshack hosts them last I checked.
Imageshack hosts them last I checked.
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ndialani
11-21 04:31 AM
Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.
I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.
Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?
Thanks.
I live in LA , my wife and me drove from LA to Nogales. You can fly into Phoenix and rent a car. Phoenix to Nogales is 1.5 hours only.
We stayed at Best western , which is RIGHT at the border. (Nogales,Arizona).It is owned my an Indian, he was very helpful. Most of the people end up staying there. Dont bring your car to other side. We call the cab at 7 in the morning. I guess he only charged like $7-8 dollars. Its only 1 mile.
You just walk across the border. No questions asked. Get a cab, they all know it!!!!
i guess we paid $10-12 dollars . He will take you to BANAMAX bank which is walking distance from the US embassy. Try to be the first one. They only accept CASH(Dollars).;
Get the draft and walk back there. you will be required to show your passport at the bank too.
If you are in a group or couple of you. One can stand in the line and other can to to the bank.
Sprint phone works well over there at the border.
If you have an I phone.....o'well!!!
If your case is straight forward....it should not be a problem. They will tell you , to pick up your stamped passport in the evening, or if not ready ...the next day. But dont worry....99.9% everyone gets it the same day.
If by any chance you get rejected. you can plee to homeland security office at the border . if your visa is not expired , they might let you slip back in to US. If not, you will have to go to Mexico City to fly back to India. I only know , one such case.
KEY IS TO GO AS EARLY AS POSSIBLE. MAY BE 6:00am.
We did not take any permit or visa as it is within 20 mile distance.
On over way back , we got a new I-94 at homeland security office. It is very important.
any questions....feel free to PM me.
Good Luck!!!
I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.
Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?
Thanks.
I live in LA , my wife and me drove from LA to Nogales. You can fly into Phoenix and rent a car. Phoenix to Nogales is 1.5 hours only.
We stayed at Best western , which is RIGHT at the border. (Nogales,Arizona).It is owned my an Indian, he was very helpful. Most of the people end up staying there. Dont bring your car to other side. We call the cab at 7 in the morning. I guess he only charged like $7-8 dollars. Its only 1 mile.
You just walk across the border. No questions asked. Get a cab, they all know it!!!!
i guess we paid $10-12 dollars . He will take you to BANAMAX bank which is walking distance from the US embassy. Try to be the first one. They only accept CASH(Dollars).;
Get the draft and walk back there. you will be required to show your passport at the bank too.
If you are in a group or couple of you. One can stand in the line and other can to to the bank.
Sprint phone works well over there at the border.
If you have an I phone.....o'well!!!
If your case is straight forward....it should not be a problem. They will tell you , to pick up your stamped passport in the evening, or if not ready ...the next day. But dont worry....99.9% everyone gets it the same day.
If by any chance you get rejected. you can plee to homeland security office at the border . if your visa is not expired , they might let you slip back in to US. If not, you will have to go to Mexico City to fly back to India. I only know , one such case.
KEY IS TO GO AS EARLY AS POSSIBLE. MAY BE 6:00am.
We did not take any permit or visa as it is within 20 mile distance.
On over way back , we got a new I-94 at homeland security office. It is very important.
any questions....feel free to PM me.
Good Luck!!!
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mariner5555
05-27 06:57 AM
why did they come out with this statement ? maybe to tell state dept not to do this in future ? for many it will take 5 years for the visas to be available ..say EB3 - I with PD of 2006 who was lucky enough to file for 485 during the fiasco ..
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ameryki
10-02 11:06 PM
murthy just sent out this info in his newsletter that went out today.
Delayed EADs - Ombudsman's Suggestions to Expedite
The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.
Option 1 : Call the NCSC
It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.
Option 2 : INFOPASS Appointment
If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.
It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.
Option 3: Contact the Ombudsman if Other Options Do Not Work
If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at cisombudsman.publicaffairs@dhs.gov. It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.
Delayed EADs - Ombudsman's Suggestions to Expedite
The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.
Option 1 : Call the NCSC
It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.
Option 2 : INFOPASS Appointment
If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.
It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.
Option 3: Contact the Ombudsman if Other Options Do Not Work
If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at cisombudsman.publicaffairs@dhs.gov. It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.
knowDOL
08-23 09:44 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
nashorn
12-18 02:25 PM
It could be anything but approval of your case, since you are not current. Any change they made on you case will result in a LUD. A guy here got a LUD because somebody reentered his address. But since you got so many in so short period of time, it is very likely they are looking at your case. But when they reach the point that they have to make a decision on your case, let's just say your case is approvalble otherwise, they'll send your case on visa hold (because you are not current), and send your file to some visa hold shelf based on your PD and chargeability. When your PD become current, they'll approve it.
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