memyselfandus
09-10 02:18 PM
We sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they gave the update, even though the online status didn't update for more than a week.
The Ombudsman office gave a response with in one business day.
Found out from the Senator's office that my case has been approved. Attorney was able to call and confirm. No change in online status though.
E-filed on May 5th
The Ombudsman office gave a response with in one business day.
Found out from the Senator's office that my case has been approved. Attorney was able to call and confirm. No change in online status though.
E-filed on May 5th
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LostInGCProcess
10-29 09:40 AM
So much for so called "highly skilled". Young guys out there, in their 20s....think twice about making America your permanent home. Right now, it is very discouraging.
It is sad. When you call USCIS to get some information, its almost like we are hitting against an Iron wall. They dont give out any information except read from a standard text. They could as well have some automated machine to read those out.
I just want to know if there is an official explanation for the delay in EAD renewal from USCIS. Wonder why it takes that long when they already have all our 'janamkundli' with them.
It is sad. When you call USCIS to get some information, its almost like we are hitting against an Iron wall. They dont give out any information except read from a standard text. They could as well have some automated machine to read those out.
I just want to know if there is an official explanation for the delay in EAD renewal from USCIS. Wonder why it takes that long when they already have all our 'janamkundli' with them.
Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
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raydon
07-08 08:52 AM
I support this campaign too. Setting up a consular appointment and the anxiety that goes with not knowing whether the visa is granted despite having an approval is a stressful experience.
So, should we be drafting letters to send to Hillary Clinton (Secy of State) ?
So, should we be drafting letters to send to Hillary Clinton (Secy of State) ?
more...
looneytunezez
06-02 02:23 PM
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
done.
http://www.opencongress.org/bill/111-s1085/show
done.
kosars
08-13 10:47 PM
no i will wait for the receipt
more...
ssss
11-19 02:23 PM
I filed I-140/1-485 concurrently July 4th. Got my EAD and AP. I-140/1-485 still pending. Is it true that you get FP notice only when your I-140 is approved?
I know lot of people who got FP notices for concurrently filed I-485
I know lot of people who got FP notices for concurrently filed I-485
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learning01
04-02 08:20 AM
Sent both faxes.
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Saburi
02-13 10:08 AM
Friends,
If any one needs AC21 letter format do let me know. I can give you the format.
Good luck.
I know what the job title and Job duties were stated in the Labor certification and have acopy of my Labor certification application with me, but if you can give me the format of the letter for AC21 that would be great.
Please let me know
Thanks
If any one needs AC21 letter format do let me know. I can give you the format.
Good luck.
I know what the job title and Job duties were stated in the Labor certification and have acopy of my Labor certification application with me, but if you can give me the format of the letter for AC21 that would be great.
Please let me know
Thanks
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arihant
06-20 02:38 PM
Logiclife,
I am planning to apply for my 485 and wife's EAD/AP through my employer's lawyer. My employer will not do my EAD. I hear that we can file our EAD/AP ourselves after we get our 485 receipt. If I do that, how do I let USCIS know to send any RFEs to me or my lawyer and bypass the previous G-28?
TIA
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
I am planning to apply for my 485 and wife's EAD/AP through my employer's lawyer. My employer will not do my EAD. I hear that we can file our EAD/AP ourselves after we get our 485 receipt. If I do that, how do I let USCIS know to send any RFEs to me or my lawyer and bypass the previous G-28?
TIA
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
more...
wellwishergc
04-10 09:15 PM
I understand!!! I was just kidding..:); I will call it a night.. It was a pleasure talking to you..
Bye for now..
Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.
Bye for now..
Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.
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Guig0
02-04 11:06 AM
some use m$paint, others photoshop or fireworks.
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oliTwist
02-14 11:47 AM
Is it a people manager or product manager category? Any idea what documents do you need for EB1?
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snathan
06-17 11:10 AM
This is by far the best action item i have seen so far (because it feels like it can be done by administrative change). I Support it 100% .
A REQUEST TO IV CORE:
Please start a letter campaign: I have been long trying to figure out who exactly is the decision maker for this policy. It would be a great help if we all know where to send the letter and who should we address to...
First all gather here with relavent information. Then we can draft a letter and send to DOS and congressmen/senator.
A REQUEST TO IV CORE:
Please start a letter campaign: I have been long trying to figure out who exactly is the decision maker for this policy. It would be a great help if we all know where to send the letter and who should we address to...
First all gather here with relavent information. Then we can draft a letter and send to DOS and congressmen/senator.
more...
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eb3stuck
11-09 02:37 PM
Still waiting for FP ,called USCIS Customer service on Nov 06th,2007,rep advised to call after 30 days to file SR.
She mentioned delay is because my application was sent to Nebraska as it should have been,Nebraska transferrd to California ,California did my ecept and EAD and sent back to Nebraska for further action....don't know when.
I know people filing later than me and PD in 2006-2007 got their FP notices and FP done...
__________________
* EB3 - PD April 2002
* I-140 Approved -Jan 2006
* I-485, EAD - USCIS Received July 02nd,2007 @10:30 am
*ND -Aug 30th,2007
*EAD received - Sept 10th,2007
Contributed $200 so far
She mentioned delay is because my application was sent to Nebraska as it should have been,Nebraska transferrd to California ,California did my ecept and EAD and sent back to Nebraska for further action....don't know when.
I know people filing later than me and PD in 2006-2007 got their FP notices and FP done...
__________________
* EB3 - PD April 2002
* I-140 Approved -Jan 2006
* I-485, EAD - USCIS Received July 02nd,2007 @10:30 am
*ND -Aug 30th,2007
*EAD received - Sept 10th,2007
Contributed $200 so far
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immilaw
09-14 03:30 PM
I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
Well said.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
Well said.
more...
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01-11 01:47 PM
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pete
12-13 04:12 PM
What makes you this guys advocate?
A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
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sanbaj
02-29 11:26 AM
Mailed the letter to White House and IV today.
greencard
07-27 03:02 PM
This is the attitude of our guys. So desperate. The agents get irritated because of this.
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
GKBest
08-20 03:56 PM
This is really sad and very unethical. As my lawyer would put it, the I-140 is owned by the employer that's why he was hesitant at first to give me a copy. So I guess, your employer can do this. I think he knows that you won't have the gut to expose him since this will also put you in an awkward situation since you paid for your labor and I-140 which, strictly speaking, is against the immigration law.
Think of other ways to get even with him.
Think of other ways to get even with him.
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