immi2006
06-27 10:52 AM
Husband Files for 140+ 485 +EAD+AP
Adds Spouse's name
Wife FIles - 1485+ I140 (No EAD, NO AP) and adds husband's name
Adds Spouse's name
Wife FIles - 1485+ I140 (No EAD, NO AP) and adds husband's name
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nrk
08-16 01:23 PM
congrats.
Landed in this country on Aug-16-1997 for Masters. Today myself and my wife both got CPO mail/text message. Thanks IV community and good luck to all. I will be doing my part to make this system better!!!
Details:
PD: 04 Jan 2006, EB2 I
RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
ND: 27 Aug 2007, NSC
Didn't do anything in 2008 and decided to do everything possible this time around.
Aug 3 - Primary I-485 SR,
Aug 5- Primary EAD SR,
Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
Aug 10 - Opened an Infopass for Aug 18
Aug 16, 8:30 am - Dependent SR
Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
Aug 16, 11:00 am - Wife called me to inform the good news, the online status change.
Aug 16, 11:05 am - got the text message (which just said "check your status online").
Aug 16: Got the CPO mail (time stamped 10:18am)
Guys (and Gals), Hang in there and you will have your independence soon.
Regards,
Yet Another Greencard Wait (not anymore :)
Landed in this country on Aug-16-1997 for Masters. Today myself and my wife both got CPO mail/text message. Thanks IV community and good luck to all. I will be doing my part to make this system better!!!
Details:
PD: 04 Jan 2006, EB2 I
RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
ND: 27 Aug 2007, NSC
Didn't do anything in 2008 and decided to do everything possible this time around.
Aug 3 - Primary I-485 SR,
Aug 5- Primary EAD SR,
Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
Aug 10 - Opened an Infopass for Aug 18
Aug 16, 8:30 am - Dependent SR
Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
Aug 16, 11:00 am - Wife called me to inform the good news, the online status change.
Aug 16, 11:05 am - got the text message (which just said "check your status online").
Aug 16: Got the CPO mail (time stamped 10:18am)
Guys (and Gals), Hang in there and you will have your independence soon.
Regards,
Yet Another Greencard Wait (not anymore :)
funny
09-09 04:27 PM
Done. Called *.*
Only Five Pages so far....We needmore guys....Cut short your lunch/break time and Call the numbers..
Only Five Pages so far....We needmore guys....Cut short your lunch/break time and Call the numbers..
2011 Two years ago, the tattoo
kiwi
09-26 10:33 AM
OK,
July 2nd filer and hear nothing.
Faxed congressman�s office yesterday (Tuesday) morning. The immigration staff called back right for more information. She said she would make an inquiry through her channel.
She called me just now (Wednesday morning): my application is lost � meaning USCIS can�t locate me in their system. This is not new. She probably just called the USCIS customer service line but they can�t say crap like call back after 90 to 120 days. The staff was told that USCIS asked to give them a week to do some inquiry into their system and she will call me back next Wednesday.
On Monday, my attorney has sent an inquiry to the local Senator�s office on the 4 pending cases he has filed. Not heard anything back yet.
Given all the crap I have heard from USCIS customer service, I have NOT made a single call. That would have not made any difference on the fact I am not on the system anyway.
Will post back if there is development.
July 2nd filer and hear nothing.
Faxed congressman�s office yesterday (Tuesday) morning. The immigration staff called back right for more information. She said she would make an inquiry through her channel.
She called me just now (Wednesday morning): my application is lost � meaning USCIS can�t locate me in their system. This is not new. She probably just called the USCIS customer service line but they can�t say crap like call back after 90 to 120 days. The staff was told that USCIS asked to give them a week to do some inquiry into their system and she will call me back next Wednesday.
On Monday, my attorney has sent an inquiry to the local Senator�s office on the 4 pending cases he has filed. Not heard anything back yet.
Given all the crap I have heard from USCIS customer service, I have NOT made a single call. That would have not made any difference on the fact I am not on the system anyway.
Will post back if there is development.
more...
PDOCT05
10-11 03:22 PM
I called up to find that my application is still not in the system. Surprisingly, the IO would not put the phone down and keeps on chatting to enlighten me. Seem to have lot of time on hand.
1. My application is most likely transfered to texas since my I-140 was approved there
2. FIFO is valid only if the application is not transfered. Once it is transfered, the receiving center will take the date 'they' received to put in queue for data entry. If your application took continental US tour, more delay.
3. He is asnwering 5-6 calls every day from July 2 filers. There are several of them. So plenty of July 2 apps still waiting to be entered.
4. The application is not rejected for sure, since even a rejection would be entered into the system.
5. he cannot raise a service request without receipt number.
I sent mail to USCIS withe fedex scanned signature, wrote to Senator. Its frustrating.
The bottom line is there is no bottomline, except to wait.
For me also similar reply...From an IO.
1. My application is most likely transfered to texas since my I-140 was approved there
2. FIFO is valid only if the application is not transfered. Once it is transfered, the receiving center will take the date 'they' received to put in queue for data entry. If your application took continental US tour, more delay.
3. He is asnwering 5-6 calls every day from July 2 filers. There are several of them. So plenty of July 2 apps still waiting to be entered.
4. The application is not rejected for sure, since even a rejection would be entered into the system.
5. he cannot raise a service request without receipt number.
I sent mail to USCIS withe fedex scanned signature, wrote to Senator. Its frustrating.
The bottom line is there is no bottomline, except to wait.
For me also similar reply...From an IO.
desi3933
08-07 01:38 PM
What stopped (from legal stand point) MBA guy to file for eb3 based GC in 2003? Remember both have BS in Engineering at that time. No employer was ready to file GC for the MBA guy (in 2003) is not a valid legal argument.
Remember, one does not need to be employed to file for GC and GC is for the future job.
It is not what you or I think is fair. From legal point of view, both had equal opportunity to file for GC in 2003 for eb3 job. Just because, the MBA person didn't go for it is not a valid argument. Don't you agree?
Someone gave me a red dot with this comment
no jumping the line
Sorry to disappoint you, but this does not apply to me. I am already green card holder since 2002 and here in IV forum to help others. (Please refer to my old posts).
Please allow me to share a good news with you. I just got letter for my citizenship oath on Aug 19th. And yes, probably you have guessed it, I work from home. Just 2 days a week.
Remember, one does not need to be employed to file for GC and GC is for the future job.
It is not what you or I think is fair. From legal point of view, both had equal opportunity to file for GC in 2003 for eb3 job. Just because, the MBA person didn't go for it is not a valid argument. Don't you agree?
Someone gave me a red dot with this comment
no jumping the line
Sorry to disappoint you, but this does not apply to me. I am already green card holder since 2002 and here in IV forum to help others. (Please refer to my old posts).
Please allow me to share a good news with you. I just got letter for my citizenship oath on Aug 19th. And yes, probably you have guessed it, I work from home. Just 2 days a week.
more...
maine_gc
01-08 09:03 AM
Any Kentucky residents who are interested in meeting the lawmakers. Please email me your details and click on the link in my signature to join the KY State Chapter
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ski_dude12
09-09 08:23 AM
You must be kidding me if you cannot make out the difference between an approval and an RFE. It clearly states "Your Case Status: Decision"... What more do you want?
Today I got one more email (See below) and my status changed from CPO to Decision. What does that mean? Did they send an RFE?
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Decision
On September 8, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
Today I got one more email (See below) and my status changed from CPO to Decision. What does that mean? Did they send an RFE?
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Decision
On September 8, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
more...
kalkix
08-13 12:38 PM
Yep, it's been a long 16 yrs in the country....
15 years (Aug 11th), 2 days and counting .... All in US Came for masters in 1995
:D
Since you are still waiting, you can potentially break his record. But I sincerely wish you lose this race.
best of luck.
15 years (Aug 11th), 2 days and counting .... All in US Came for masters in 1995
:D
Since you are still waiting, you can potentially break his record. But I sincerely wish you lose this race.
best of luck.
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gsvisu
07-11 07:49 AM
Good job & getting media attention.
Any local Virginia/DC volunteers that can photograph/video at the USCIS center will be great...Love to see more
photographs.
Can someone go to Hospitals where these flowers are directed & publish / send media those photographs ?
My best $30 ever spent !
Any local Virginia/DC volunteers that can photograph/video at the USCIS center will be great...Love to see more
photographs.
Can someone go to Hospitals where these flowers are directed & publish / send media those photographs ?
My best $30 ever spent !
more...
nrk
10-02 10:28 AM
Congrats
Got the card production ordered e-mail!!..
Got the card production ordered e-mail!!..
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pmpforgc
01-07 11:46 PM
I am surprised to see this thread active this long. Earlier I have with help of Saralayar and other members have bring this point to attention. But at that time no one was supporting Idea.
I see increasing support for the Idea as GC journey become longer and longer.
Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD
(1) I-140 and I-485 must be approved.
(@) Time should be considered only after getting GC
(3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS
So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.
The above requirements can get closer to Marriage and family based and also help 90% of IV members.
Adding the clause for the EDUCATIONAL THING might be able to get more political support also
Thanks
I see increasing support for the Idea as GC journey become longer and longer.
Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD
(1) I-140 and I-485 must be approved.
(@) Time should be considered only after getting GC
(3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS
So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.
The above requirements can get closer to Marriage and family based and also help 90% of IV members.
Adding the clause for the EDUCATIONAL THING might be able to get more political support also
Thanks
more...
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bkn96
11-25 10:52 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
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inderman
10-23 11:56 AM
@overseas, you should follow up with an email to Ombudsman tellin them u submitted DHS 7001...and also try to call Ombudsman... The number was on one of these threads...
Also, try senator Dianne Feinstein.... Good Luck
Also, try senator Dianne Feinstein.... Good Luck
more...
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walking_dude
01-11 02:55 PM
Right. We are already here and working . How will we displace any American worker if we get the Green Card?
ALIPAC should be renamed to Alibagh !
How will I displace an American worker if I get a green card sooner? I am already here and already doing a job that DOL certified no other American is willing qualified or able to do!! :D
This is beyond ridiculous!!
Guys we need to send in our letters!!
ALIPAC should be renamed to Alibagh !
How will I displace an American worker if I get a green card sooner? I am already here and already doing a job that DOL certified no other American is willing qualified or able to do!! :D
This is beyond ridiculous!!
Guys we need to send in our letters!!
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hazishak
09-14 11:19 PM
Why they need name check when they have finger print? Name can be change any time where as finger print cant be.
more...
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whitecollarslave
03-26 05:43 PM
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
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desi3933
08-07 12:44 PM
...
...
I guess Mr. Sunshine will be out then, he said he is shit scared that he is going to loose his job...Dude, I say go home, NOW, aren't you ashamed about your sorry job....
I strongly disagree with you. No one has right to say to anyone else to go home.
We may not agree with SunnySurya for this lawsuit, but we should keep debate civilized. No personal attacks please.
___________________________
Permanent Resident since 2002
...
I guess Mr. Sunshine will be out then, he said he is shit scared that he is going to loose his job...Dude, I say go home, NOW, aren't you ashamed about your sorry job....
I strongly disagree with you. No one has right to say to anyone else to go home.
We may not agree with SunnySurya for this lawsuit, but we should keep debate civilized. No personal attacks please.
___________________________
Permanent Resident since 2002
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mrsr
06-19 09:34 AM
why do we need all the past w2 forms ?
kshitijnt
04-17 07:59 PM
After numerous job searches and process I have been associated with, I have found following things:
All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.
After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.
After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
whitecollarslave
03-25 03:24 PM
Here is the text that is in the I-9 Form:
"Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."
"Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."
