kutra
07-17 03:36 PM
Hi Ron,
My Priority date is Jan 2004, EB3-India category and i have an approved I-140 and have applied my 485 during July 07. I have sent my EAD and AP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) during July 07 and has applied for EAD and AP renewal, which expire in last week of October. We both applied independently and are using our H1bs and not EAds.
Since my spouse's PD is going to be current in August 2008, I was planning on applying for a second 485 as a dependent on my spouse's application.
I know that two 485 applications causes issues. I want your recommendation and also will my application affect my wife's processing time or create issues for her.
Thanks,
Kaushik
Ron's reply -
You don't need to file a new I-485. Make the CIS aware of your spouse's case and your eligibility under it as a dependent. Ask them to cross reference to the two cases.
You can follow this thread in the following link - http://www.immigration-information.com/forums/showthread.php?t=5689
Also has anyone tried this approach and Also does anyone has expeirence being Ron's client?
I just don't get Ron. He's very vocal about how incompetent CIS is with regular applications......not sure why he would advise you to complicate matters with CIS.
My advice: Do research this thoroughly before you go for it. Good luck!
My Priority date is Jan 2004, EB3-India category and i have an approved I-140 and have applied my 485 during July 07. I have sent my EAD and AP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) during July 07 and has applied for EAD and AP renewal, which expire in last week of October. We both applied independently and are using our H1bs and not EAds.
Since my spouse's PD is going to be current in August 2008, I was planning on applying for a second 485 as a dependent on my spouse's application.
I know that two 485 applications causes issues. I want your recommendation and also will my application affect my wife's processing time or create issues for her.
Thanks,
Kaushik
Ron's reply -
You don't need to file a new I-485. Make the CIS aware of your spouse's case and your eligibility under it as a dependent. Ask them to cross reference to the two cases.
You can follow this thread in the following link - http://www.immigration-information.com/forums/showthread.php?t=5689
Also has anyone tried this approach and Also does anyone has expeirence being Ron's client?
I just don't get Ron. He's very vocal about how incompetent CIS is with regular applications......not sure why he would advise you to complicate matters with CIS.
My advice: Do research this thoroughly before you go for it. Good luck!
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optimystic
03-24 02:54 PM
That's true actually. They have no business asking you about details of what your work authorization status is. All they need to know is that you are legally allowed to work. Doesn't matter EAD, GC or US citizenship. Sponsoring for H1B might come up during the hiring stage but that doesn't apply here.
Hypothetically in an interview, if directly asked, and if I am planning on using EAD, I would simply tell them that I have authorization from the DHS to work for any employer, and leave it at that. If they persist, I will tell them that I have the required documents for I-9. No need for more details unless some kind of security clearance is required.
Its a little hard to understand how the issue of 'work authorization' cannot be raised during interview or hiring process.
- Say I am an employer who has a critical project that needs a person to be on job for at least few months, to ensure that the project goes smoothly
- The DHS/USICS/DOL or the Fed (or whoever it is) has told me that it is illegal for me to hire anyone without proper work authorization
- I may not have sufficient funds to sponsor H1B
- During the interview process I want to know whether the candidate a) has work authorization b) how long his work authorization is valid for? so that I can prescreen and not trouble candidates with the whole interview process only to tell them later that I can't hire them.
Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
I dont think DOL or whatever dept it is, that regulates employment, can force an employer that they have to treat seekers of H1B Visa [and/or EAD people with for example only 1 month validity left] on par with US citizens (On the other hand, it is the vice versa that they are more concerned about :) )....I mean what if the financial position of the employer cannot afford him to sponsor an H1B or take the risk of employing an EAD guy with only 1 month validity and risk financial loss if that guy had to quit after a month due to EAD renewal delay etc.... Would they be forced to sponsor H1B or take a risk by hiring the 1 month EAD guy?
What might be illegal though is rejecting to employ EAD people with reasonable amount of validity left on their card.
Isn't that right? [ I am just curious...I am not supporting the employer here, but just trying to understand the practical enforcement of the legality of such issues]
Regards.
Hypothetically in an interview, if directly asked, and if I am planning on using EAD, I would simply tell them that I have authorization from the DHS to work for any employer, and leave it at that. If they persist, I will tell them that I have the required documents for I-9. No need for more details unless some kind of security clearance is required.
Its a little hard to understand how the issue of 'work authorization' cannot be raised during interview or hiring process.
- Say I am an employer who has a critical project that needs a person to be on job for at least few months, to ensure that the project goes smoothly
- The DHS/USICS/DOL or the Fed (or whoever it is) has told me that it is illegal for me to hire anyone without proper work authorization
- I may not have sufficient funds to sponsor H1B
- During the interview process I want to know whether the candidate a) has work authorization b) how long his work authorization is valid for? so that I can prescreen and not trouble candidates with the whole interview process only to tell them later that I can't hire them.
Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
I dont think DOL or whatever dept it is, that regulates employment, can force an employer that they have to treat seekers of H1B Visa [and/or EAD people with for example only 1 month validity left] on par with US citizens (On the other hand, it is the vice versa that they are more concerned about :) )....I mean what if the financial position of the employer cannot afford him to sponsor an H1B or take the risk of employing an EAD guy with only 1 month validity and risk financial loss if that guy had to quit after a month due to EAD renewal delay etc.... Would they be forced to sponsor H1B or take a risk by hiring the 1 month EAD guy?
What might be illegal though is rejecting to employ EAD people with reasonable amount of validity left on their card.
Isn't that right? [ I am just curious...I am not supporting the employer here, but just trying to understand the practical enforcement of the legality of such issues]
Regards.
coopheal
08-08 09:21 AM
I am the later...
This is my last post in this regards.
Solution of frustration is not destructive thinking which you are doing. Grow up�.
May be you might have supported previous IV campaigns. I urge you to keep supporting them instead of going anything crazy like what you are planning.
Finally if you have reasons to believe some firms are gaming the system then report them. That is American way of doing things.
This is my last post in this regards.
Solution of frustration is not destructive thinking which you are doing. Grow up�.
May be you might have supported previous IV campaigns. I urge you to keep supporting them instead of going anything crazy like what you are planning.
Finally if you have reasons to believe some firms are gaming the system then report them. That is American way of doing things.
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08-26 01:29 PM
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immique
03-24 10:51 PM
I am surprised that Capitolone did not accept EAD. I do not see any issues for them with employing somebody on EAD. Personally I think a lot of banks and other financial institutions have been neck deep in losses from the Mortgage melt down and they are laying off staff and put a halt on the hiring. I suspect this might be the case with Capitolone too and may be they do not want to admit it. Once you have an EAD do not stick with one company, apply for multiple opportunities and go with the best offer. I would advise every body with EAD to try and secure a job if they are not working currently, because with the weakening economy this will be a period where the job market will suffer.
conchshell
07-09 07:59 PM
I was amazed to hear about the development. Would Mr. Gonzalez will show a curtsey to personally reply to all the people who sent flowers, and apolozise for the pain and emotional trauma his agency has caused to thousands of legal immigrants in this country ?
BTW, couple of years ago one of my American (citizen) friend was dealing with USCIS (at that time INS) to adopt a baby from China. When she got the baby after struggling for 4-5 years and with a push from local congressman, she was agahst with the way USCIS treated her. I still remember her remarks "If they do not understand the pain and suffering of a mother, and they do not care for a suffering orphan child, I highly doubt that they have any more humanity left in them".
The name has changed but the public face of the agency remains the same. Please remember that for them we are not human's, we are just file numbers sitting and rotting at their service center's.
So when USCIS decided to forward the flowers to our soilders (which we think is an excellent idea), its not because the agency has a human touch in it, but its because they found an excellent face saving mask for their unjust action.
BTW, couple of years ago one of my American (citizen) friend was dealing with USCIS (at that time INS) to adopt a baby from China. When she got the baby after struggling for 4-5 years and with a push from local congressman, she was agahst with the way USCIS treated her. I still remember her remarks "If they do not understand the pain and suffering of a mother, and they do not care for a suffering orphan child, I highly doubt that they have any more humanity left in them".
The name has changed but the public face of the agency remains the same. Please remember that for them we are not human's, we are just file numbers sitting and rotting at their service center's.
So when USCIS decided to forward the flowers to our soilders (which we think is an excellent idea), its not because the agency has a human touch in it, but its because they found an excellent face saving mask for their unjust action.
more...
whitecollarslave
01-14 06:18 PM
Do you belong to a state chapter?. If you have not joined a state chapter yet please let us know your residing state and we will direct you to the appropriate state chapter. State Chapter's can provide information related to all EB issues we are working on. Thanks
Thanks! I am in Virginia.
Thanks to needhelp for the reference.
Is it advisable to include a reference to the Ombudsman report in the letter to the President? I am talking about the earlier mentioned reference on page 33 stating that "since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Thanks! I am in Virginia.
Thanks to needhelp for the reference.
Is it advisable to include a reference to the Ombudsman report in the letter to the President? I am talking about the earlier mentioned reference on page 33 stating that "since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
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wellwishergc
02-24 02:35 PM
Pages 245 and 246 includes recapture clause
From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
more...
waiting_4_gc
01-24 02:07 PM
You dont get Air miles with Singapore airlines, right??
Fly from SFO --> HongKong --> Singapore --> India . No transit visa needed anywhere. Inflight desi food available. Ticket is pricey.
Fly from SFO --> HongKong --> Singapore --> India . No transit visa needed anywhere. Inflight desi food available. Ticket is pricey.
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pappu
11-22 07:50 PM
http://www.bibdaily.com/pdfs/Tao%2011-7-07.pdf
Plaintiff suggests that the fact that her application
has been pending for nearly three years is patently
unreasonable. She argues that Congress intended
applications to be adjudicated within 180 days. See 8
U.S.C. � 1571(b) ("It is the sense of Congress that the
processing of an immigration benefit application should
be completed not later than 180 days after the initial
filing of the application . . .."). That [*10] 180-day
timetable may provide some guidance here, although the
"sense of Congress" expressed in INA Section 1571(b)
does not necessarily carry the force of law. See Yang v.
California Dep't of Social Servs., 183 F.3d 953, 958-59
(9th Cir. 1999).
Defendants argue that there is no statutory deadline
by which applications must be adjudicated and that, in
any event, the "first-in, first-out" protocol must be given
deference. True, Congress has not established a
mandatory timeframe for the USCIS to adjudicate
applications. Moreover, "'[t]he passage of time alone is
rarely enough to justify a court's intervention in the
administrative process, especially since administrative
efficiency is not a subject particularly suited to judicial
evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
However, the court also recognizes that there is no
precise formula for determining whether there has been
an unreasonable delay. Instead, "[w]hat constitutes an
unreasonable delay in the context of immigration
applications depends to a great extent on the facts of the
particular case." Id.
Plaintiff suggests that the fact that her application
has been pending for nearly three years is patently
unreasonable. She argues that Congress intended
applications to be adjudicated within 180 days. See 8
U.S.C. � 1571(b) ("It is the sense of Congress that the
processing of an immigration benefit application should
be completed not later than 180 days after the initial
filing of the application . . .."). That [*10] 180-day
timetable may provide some guidance here, although the
"sense of Congress" expressed in INA Section 1571(b)
does not necessarily carry the force of law. See Yang v.
California Dep't of Social Servs., 183 F.3d 953, 958-59
(9th Cir. 1999).
Defendants argue that there is no statutory deadline
by which applications must be adjudicated and that, in
any event, the "first-in, first-out" protocol must be given
deference. True, Congress has not established a
mandatory timeframe for the USCIS to adjudicate
applications. Moreover, "'[t]he passage of time alone is
rarely enough to justify a court's intervention in the
administrative process, especially since administrative
efficiency is not a subject particularly suited to judicial
evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
However, the court also recognizes that there is no
precise formula for determining whether there has been
an unreasonable delay. Instead, "[w]hat constitutes an
unreasonable delay in the context of immigration
applications depends to a great extent on the facts of the
particular case." Id.
more...
tempy
09-15 08:01 AM
I was wondering why the status went backwards (from CPO to Decision) and if that that is a normal process.
Thanks,
I got one more email with the update (this is third email with the same staus "CPO"). This time I have SLUD on EAD and AP also. Here is the email...
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On September 14, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
My wife received here Welcome letter but I did not get one yet. Here is my timeline...
09/08/2010 - CPO emails for self and wife
09/09/2010 - Got emails updating the status to Decision for self and wife
09/10/2010 - Standard CPO email to self
09/11/2010 - Wife got the welcome letter (I-797) by USPS
09/15/2010 - CPO email to self with the new message (Document sent to address on file)
Still waiting for cards in hand.
Thanks,
Tempy
Thanks,
I got one more email with the update (this is third email with the same staus "CPO"). This time I have SLUD on EAD and AP also. Here is the email...
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On September 14, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
My wife received here Welcome letter but I did not get one yet. Here is my timeline...
09/08/2010 - CPO emails for self and wife
09/09/2010 - Got emails updating the status to Decision for self and wife
09/10/2010 - Standard CPO email to self
09/11/2010 - Wife got the welcome letter (I-797) by USPS
09/15/2010 - CPO email to self with the new message (Document sent to address on file)
Still waiting for cards in hand.
Thanks,
Tempy
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mani_r1
10-05 11:09 AM
Friends,
Finally we got our receipt numbers today from the Check Images. Our Application reached USCIS on 07/03 by USPS Mail. Don't know who signed it. Have been waiting for it patiently. All our receipt numbers start with SRC so from Texas. My I140 was approved form Texas and there was an LUD on the I140 on 07/28.
All the best for whom ever is waiting for the receipt numbers. You guys should get it pretty soon.
Finally we got our receipt numbers today from the Check Images. Our Application reached USCIS on 07/03 by USPS Mail. Don't know who signed it. Have been waiting for it patiently. All our receipt numbers start with SRC so from Texas. My I140 was approved form Texas and there was an LUD on the I140 on 07/28.
All the best for whom ever is waiting for the receipt numbers. You guys should get it pretty soon.
more...
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chanduv23
11-12 02:46 PM
Those who are willing to provide their denial info (no name or address - everything can be scratched - just the letter), please send PM to pd_recapturing
Those who received Ombudsman responses to send denial info - please contact pd_recapturing via a PM (private message)
Those who received Ombudsman responses to send denial info - please contact pd_recapturing via a PM (private message)
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geevikram
09-23 04:03 PM
Just checked the above information. It looks very good and gives me a lot of hope. Total EB2 pending is 48 K apps for India. That's not so bad. Or am'I being too hopeful?
more...
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axp817
09-20 07:06 AM
Did anyone see any Soft LUDs on their 485 or old EADs before their approvals/RFEs?
My PD is June 7 2006, not current. Yesterday, I had a soft LUD on my 485 and my first EAD. These two haven't seen any activity since early 2009, and I'm wondering if this means anything or if I'm reading into this a little too much.
thanks,
My PD is June 7 2006, not current. Yesterday, I had a soft LUD on my 485 and my first EAD. These two haven't seen any activity since early 2009, and I'm wondering if this means anything or if I'm reading into this a little too much.
thanks,
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reddy77
01-25 04:08 PM
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Recently, my friends flow KLM to hyd via JFK. they came back safe. I will let you know the exp once i talk to them.
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willwin
08-07 02:28 PM
Dude,
Sunnysurya is busy trying to get people for the lawsuit. He will not reply to you.
According to IV Tracker, his EB2 PD is Nov 2005. He has filed in Nebraska.
Thanks
EB2 folks with PD 2006 and later and also those in TX center, beware!
He might file a lawsuit against you guys as well for 'skipping' the line.
LOL.
Sunnysurya is busy trying to get people for the lawsuit. He will not reply to you.
According to IV Tracker, his EB2 PD is Nov 2005. He has filed in Nebraska.
Thanks
EB2 folks with PD 2006 and later and also those in TX center, beware!
He might file a lawsuit against you guys as well for 'skipping' the line.
LOL.
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gc_chahiye
01-24 12:06 PM
Fly from SFO --> HongKong --> Singapore --> India . No transit visa needed anywhere. Inflight desi food available. Ticket is pricey.
I would second this. Singapore Airlines is especially good if you are travelling with babies/kids. Its a bit longer than the SFO->frankfurt->India route, but worth it. Also, Changi airport at Singapore is 10 times better than frankfurt for a layover.
I would second this. Singapore Airlines is especially good if you are travelling with babies/kids. Its a bit longer than the SFO->frankfurt->India route, but worth it. Also, Changi airport at Singapore is 10 times better than frankfurt for a layover.
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jsb
10-07 10:16 PM
Is anybody questioning as to what these weekly updates (on USCIS claims that receipts cleared for dates in August) mean when we are still waiting receipts for July 2 filings ?
Hassan11
05-24 03:41 PM
Can someone explain to me what is advance Parole and why it is needed?? My lawyer didn't mention it.
also how long do you have to wait after you get the medical exam done to get the results to file for I-485??? Thank you
also how long do you have to wait after you get the medical exam done to get the results to file for I-485??? Thank you
bp333
03-10 01:12 PM
Hello every one,
I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
2. If they have earned full 40 points in Social Security
3. If they have paid the tax continuously for 10 years
4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
and
5. If they do not have any criminal records in these 10 years.
Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.
Agree with this approach. I'd rather ask big and settle for less than ask for less and settle for nothing! We really need to emphasize the point that we have been here for years legally paying taxes, other fees imposed on us NOT knowing the end state. Remember only the squeaky wheel gets the greese. More over there is never a good time, at least I have not seen one in the past 13 years, time always bring new challenges and issues but unless we speak up we dont make it to their priority list for consideration.
I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
2. If they have earned full 40 points in Social Security
3. If they have paid the tax continuously for 10 years
4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
and
5. If they do not have any criminal records in these 10 years.
Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.
Agree with this approach. I'd rather ask big and settle for less than ask for less and settle for nothing! We really need to emphasize the point that we have been here for years legally paying taxes, other fees imposed on us NOT knowing the end state. Remember only the squeaky wheel gets the greese. More over there is never a good time, at least I have not seen one in the past 13 years, time always bring new challenges and issues but unless we speak up we dont make it to their priority list for consideration.
