niklshah
11-13 11:09 PM
bump
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santb1975
06-19 08:55 PM
I am sure all the state chapter leads will post an update when they are done with their work day.
mhtanim
05-14 07:44 PM
Just a quick update
Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.
So the mailing address to Mesquite, TX turned out to be the correct location for me to file...
So it took less than a week for them to receive the package and cash your checks! I sent out mine to NSC today. Lets see how long it takes.
Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.
So the mailing address to Mesquite, TX turned out to be the correct location for me to file...
So it took less than a week for them to receive the package and cash your checks! I sent out mine to NSC today. Lets see how long it takes.
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jindhal
01-14 02:05 PM
No halt at JFK..starting 1. nov 2008.
more...
Yeldarb
04-17 08:25 PM
No, none of this is needed. As I said, different projects require different skills. You could potentially create a great website with just html and an image editor.
amar123
08-04 10:18 AM
It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
Please do not quote from memory, if this has happened in specific cases,mention the details with the OES/SOC Code. In most cases, EB2-Job requirement: Bachelors+5 years.
Any EB3 pre 2008(post 485) should be able to use it.Please check with your attorneys and not 2 cents. And, especially, scared guys like the above, saying that it will harm you to go to EB2.
If you are pending 485, even if ur new I-140 gets revoked, does it matter if you have the older I-140.
Regards,
Amar.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
Please do not quote from memory, if this has happened in specific cases,mention the details with the OES/SOC Code. In most cases, EB2-Job requirement: Bachelors+5 years.
Any EB3 pre 2008(post 485) should be able to use it.Please check with your attorneys and not 2 cents. And, especially, scared guys like the above, saying that it will harm you to go to EB2.
If you are pending 485, even if ur new I-140 gets revoked, does it matter if you have the older I-140.
Regards,
Amar.
more...
delhirocks
07-11 04:55 PM
Dependents don't need SS# to file. Only primary applicant is required to have SSN.
You need either a SSN or a TIN to claim someone as a dependent. (Iam not sure if it applies to kids, but surely to adults)
You need either a SSN or a TIN to claim someone as a dependent. (Iam not sure if it applies to kids, but surely to adults)
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sertasheep
07-04 10:31 AM
The following write-up appears here courtesy of ChanduV23, one of our members. This has been edited for content and messaging:
Thank you ChanduV23
- On behalf of the Core IV Team
I am a highly-skilled professional who entered this country legally. I’ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers have been unavailable (“retrogressed”) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be “current” for the month of July. This meant, irrespective of our “priority date” (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This “priority date” refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Thank you ChanduV23
- On behalf of the Core IV Team
I am a highly-skilled professional who entered this country legally. I’ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers have been unavailable (“retrogressed”) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be “current” for the month of July. This meant, irrespective of our “priority date” (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This “priority date” refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
more...
cygent
05-01 05:42 PM
Yes sw33t, it indeed redirected me to some site by popup, it was one of those virus which is embedded within images. I immediately knew what was happening by noticing the performance of my system, but even then it was too late - everything was frozen!! Then began the painful recovery process... Sigh :p
NOTE: It also hijacked Firefox, every time I use it, it freezes up the entire system and again I cannot re-boot, so for now I uninstalled Firefox and am using Google Chrome. So sw33t, please do something about it if you can :confused:.
NOTE: It also hijacked Firefox, every time I use it, it freezes up the entire system and again I cannot re-boot, so for now I uninstalled Firefox and am using Google Chrome. So sw33t, please do something about it if you can :confused:.
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mbartosik
03-30 05:50 PM
Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
more...
FinalGC
09-20 10:28 AM
I just sent out an email blast to all my H1b and GC Holder friends. See the text as below. Please feel free to re-use/edit as appropriate and send emails to all your friends (GC Holder or H1B's and F1's)....
Don't worry there is no copyright for this text :)
---------------------------------------------------------------
Friends:
<<If you already have your Green Card, please forward this email to those who are stuck in the GC retrogression mess. >>>
However, if you are like me and are stuck in USCIS retrogression, then you surely want to become a member of "Immigration Voice (IV)".
IV has a team who is lobbying for you and me. The Membership is free. Currently, we only have 5851 members in IV, while almost 300,000 people are stuck in the retrogression. IV needs to show a large member base to communicate their voice to the Senators and Congressmen. If you don't stand up for it, who will??
So if you want something to happen within the US legislation/Immigration policies in the near future, please join hands with IV.
Remember, there is Power in Unity!!!
So please become a member at http://www.immigrationvoice.org/ Time is flying, please don't delay!
Thanks
Don't worry there is no copyright for this text :)
---------------------------------------------------------------
Friends:
<<If you already have your Green Card, please forward this email to those who are stuck in the GC retrogression mess. >>>
However, if you are like me and are stuck in USCIS retrogression, then you surely want to become a member of "Immigration Voice (IV)".
IV has a team who is lobbying for you and me. The Membership is free. Currently, we only have 5851 members in IV, while almost 300,000 people are stuck in the retrogression. IV needs to show a large member base to communicate their voice to the Senators and Congressmen. If you don't stand up for it, who will??
So if you want something to happen within the US legislation/Immigration policies in the near future, please join hands with IV.
Remember, there is Power in Unity!!!
So please become a member at http://www.immigrationvoice.org/ Time is flying, please don't delay!
Thanks
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mambarg
09-16 01:43 PM
EAD and AP is good, but we need to see FP notice which shows 485 has started processing.
We really cannot use EAD for 6 months to change job, so there was no hurry to mail EAD/AP.
Anyone got FP notice ? Will it come from NSC or CSC.
Most likely NSC as FP starts when processing starts.
EAD/AP are seperate from 485 process as per the operating procedure.
We really cannot use EAD for 6 months to change job, so there was no hurry to mail EAD/AP.
Anyone got FP notice ? Will it come from NSC or CSC.
Most likely NSC as FP starts when processing starts.
EAD/AP are seperate from 485 process as per the operating procedure.
more...
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LostInGCProcess
11-10 04:30 PM
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
There is no hassle when one enters on AP. You can continue to be on H1 and enter on H visa, and your wife can work on EAD and enter US using AP.
For all the questions that you have posted, the simple logic to follow, is once you use EAD, your H4 is invalid. Once you travel abroad and want to re-enter with H4 status, you are basically stating that you are going to comply with the immigration rules pertaining to H4 status. And then after entering you want to use EAD, then it would invalidate H4.
I suggest you consult a good immigration attorney.
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
There is no hassle when one enters on AP. You can continue to be on H1 and enter on H visa, and your wife can work on EAD and enter US using AP.
For all the questions that you have posted, the simple logic to follow, is once you use EAD, your H4 is invalid. Once you travel abroad and want to re-enter with H4 status, you are basically stating that you are going to comply with the immigration rules pertaining to H4 status. And then after entering you want to use EAD, then it would invalidate H4.
I suggest you consult a good immigration attorney.
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Nikith77
02-23 09:02 AM
But guys I am in EB3 Dec 2004. As per current phase I will be getting my GC some where in 2023
more...
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willwin
10-19 09:27 AM
Not that easy and good as it sounds.
There is a per country quote and yearly wastage you need to factor in.
Is per country quota true even during last quarter? I thought it was not in July 2007 and going by previous years history, India EB3 has always been getting more than their alloted 8000 (or whatever) numbers!
And, just like wastage, I have not accounted for duplicate filings (which I guess could be a lot)!!
So, 4 years - to me seems reasonable.
There is a per country quote and yearly wastage you need to factor in.
Is per country quota true even during last quarter? I thought it was not in July 2007 and going by previous years history, India EB3 has always been getting more than their alloted 8000 (or whatever) numbers!
And, just like wastage, I have not accounted for duplicate filings (which I guess could be a lot)!!
So, 4 years - to me seems reasonable.
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HariRamNai
07-14 05:15 PM
http://www.youtube.com/watch?v=5iKpK07M4j8&mode=related&search=
more...
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gautamagg
07-20 02:27 AM
As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
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logiclife
07-01 03:12 PM
http://www.kpfk.org/index.php?option=com_content&task=view&id=260&Itemid=82&lang=en
You can hear it here.
At 4:20 EST, Immigration Voice will be covered.
--Jay.
You can hear it here.
At 4:20 EST, Immigration Voice will be covered.
--Jay.
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piyu7444
07-23 11:50 PM
Hi fundo14,
I saw you post regarding the case being transffered to Des Moines Iowa. My case has the exact same update as of March 19 2008. Its been like that since then. Yesterday, I spoke with an IO from NSC and she told me that my case is picked up for Extended processing. I am not sure what it means!!! I have applied for my EAD and AP renewals and asked her about the status of those in light of the pending additional processing of my I485. She told me that my EAD and AP renewals also would be held up until the additional processing is completed. On pushing again, she told me that in case my EAD is due for more than 90 days, i would have to walkin to a local center and get an interim EAD. I am inferring that it may be a pending interview call. My attroney also said the same thing. I dont have any criminal background, didnot do anything illegal in terms of immigration like being out of status or on bench.. So my best guess would be that its a pending interview. I had taken a infopass appnt last month and the officer in my local office also told me that my ead and ap renewal would not be approved until additional inquiry is completed. I am quite concerned and confused from last month as to what is wrong with my application to warrant a refusal of my EAD.
Lately, I have been observing several people have their cases transferred to Des Moines Iowa and interestingly around the 19th of the month. I am guessing USCIS moves cases around the 19th to the local offices
People plz share ur thoughts..
It just means that your case will be now processed at a local office. I mean to ask if Des M office the closest USCIS office to you? There is a good chance of interview here......its random so dont worry about it. When USCIS will call you for interview they will send a list of what to bring and you can search on IV for a post where I had mentioned what kind of questions USCIS officer asks. Hope this helps.
<I am not a Lawyer so use the information accordingly! >
I saw you post regarding the case being transffered to Des Moines Iowa. My case has the exact same update as of March 19 2008. Its been like that since then. Yesterday, I spoke with an IO from NSC and she told me that my case is picked up for Extended processing. I am not sure what it means!!! I have applied for my EAD and AP renewals and asked her about the status of those in light of the pending additional processing of my I485. She told me that my EAD and AP renewals also would be held up until the additional processing is completed. On pushing again, she told me that in case my EAD is due for more than 90 days, i would have to walkin to a local center and get an interim EAD. I am inferring that it may be a pending interview call. My attroney also said the same thing. I dont have any criminal background, didnot do anything illegal in terms of immigration like being out of status or on bench.. So my best guess would be that its a pending interview. I had taken a infopass appnt last month and the officer in my local office also told me that my ead and ap renewal would not be approved until additional inquiry is completed. I am quite concerned and confused from last month as to what is wrong with my application to warrant a refusal of my EAD.
Lately, I have been observing several people have their cases transferred to Des Moines Iowa and interestingly around the 19th of the month. I am guessing USCIS moves cases around the 19th to the local offices
People plz share ur thoughts..
It just means that your case will be now processed at a local office. I mean to ask if Des M office the closest USCIS office to you? There is a good chance of interview here......its random so dont worry about it. When USCIS will call you for interview they will send a list of what to bring and you can search on IV for a post where I had mentioned what kind of questions USCIS officer asks. Hope this helps.
<I am not a Lawyer so use the information accordingly! >
rajabeta
09-24 05:02 PM
got my receipts from CSC, filed at NSC, details in signature
checks not yet cashed, no receipt for 131.
I read in one of the posts in here that for case being sent to California, the EAD and AP are being cleared much faster than other service centers...
Does anyone has any idea about this?????
checks not yet cashed, no receipt for 131.
I read in one of the posts in here that for case being sent to California, the EAD and AP are being cleared much faster than other service centers...
Does anyone has any idea about this?????
GCplease
07-16 06:24 PM
Hi,
I self e-filed my EAD application and the Receipt date is 6/7/10. They called for Biometrics which is done.
I got an email saying that they have sent a RFE. Waited for 10 days, still no signs of RFE. When I called USCIS, they asked me to wait for 15 days. When I called after 15 days, they created a Service Request to re-mail the RFE. Now they say, I have to wait for 45 days. When I asked them if they will extend my deadline to reply to the RFE, she said she doesn't know.
Has anyone been in this situation ?
What kind of RFE will they send for an EAD extension.
I sent my 485 receipt and a copy of my EAD when I e-filed.
How many days do they usually give to respond to the RFE ?
Any feedback is appreciated.
Thanks.
Looks like it is the photos. I got the RFE after opening a Service Request and they have asked for photos. Morons. They could have made it clear in the instructions to send photos.
It doesn't happen to everyone. A couple of my friends got the ead without sending the photos. It all depends on who processes your application. If he is an ass, you are in trouble.
So, better send the pictures if you are planning to e-file.
I have sent the photos and now have to wait for another 45 days. Hopefully a smart guy who knows what he is doing will process it this time.
I self e-filed my EAD application and the Receipt date is 6/7/10. They called for Biometrics which is done.
I got an email saying that they have sent a RFE. Waited for 10 days, still no signs of RFE. When I called USCIS, they asked me to wait for 15 days. When I called after 15 days, they created a Service Request to re-mail the RFE. Now they say, I have to wait for 45 days. When I asked them if they will extend my deadline to reply to the RFE, she said she doesn't know.
Has anyone been in this situation ?
What kind of RFE will they send for an EAD extension.
I sent my 485 receipt and a copy of my EAD when I e-filed.
How many days do they usually give to respond to the RFE ?
Any feedback is appreciated.
Thanks.
Looks like it is the photos. I got the RFE after opening a Service Request and they have asked for photos. Morons. They could have made it clear in the instructions to send photos.
It doesn't happen to everyone. A couple of my friends got the ead without sending the photos. It all depends on who processes your application. If he is an ass, you are in trouble.
So, better send the pictures if you are planning to e-file.
I have sent the photos and now have to wait for another 45 days. Hopefully a smart guy who knows what he is doing will process it this time.
