mattresscoil
01-04 12:32 PM
How many days before expiry can one apply for
1. EAD extension.
2. AP extension.
3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.
Thank You,
Bobby.
Robert Kumar:
EAD renewal can be filed 120 days prior to expiration.
AP renewal can be filed 120 days prior to expiration
EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.
If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.
1. EAD extension.
2. AP extension.
3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.
Thank You,
Bobby.
Robert Kumar:
EAD renewal can be filed 120 days prior to expiration.
AP renewal can be filed 120 days prior to expiration
EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.
If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.
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pappu
09-02 10:28 AM
We WILL get 10K+. (I will not be surprised if it is double that number) Here is why:
Its just that we have not yet reached everyone in the community yet. Everyone reading this message, please make sure to pass on the rally information to at least one person you know, this weekend. Then ask that person to pass it on further.
Let us use all our networking to best use here. 10K is not a difficult number. When we started this organization, we could not even get 10 people together, but nobody gave up hope.
The success of the rally, this cause and our own greencard issues depends on each one of us. I'm sure we are all capable of sharing this responsibility.
Its just that we have not yet reached everyone in the community yet. Everyone reading this message, please make sure to pass on the rally information to at least one person you know, this weekend. Then ask that person to pass it on further.
Let us use all our networking to best use here. 10K is not a difficult number. When we started this organization, we could not even get 10 people together, but nobody gave up hope.
The success of the rally, this cause and our own greencard issues depends on each one of us. I'm sure we are all capable of sharing this responsibility.
mmj
04-19 04:21 PM
Why not to use that very same ID you have been using for 2 years to post this one also? That way others will know you have been a member and also contributed in the past. No confusion and peace.
Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...
Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...
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pooja_34
12-21 06:28 PM
DOES ANYBODY KNOW HOW TO GET IN TOUCH WITH MEERA SHANKAR, Indian Ambassador to US.
more...
whattodo21
12-14 09:17 AM
Is IV still collecting the list of affected EAD ? I received an RFE, and have provided all the documents, and my 90 day period is coming up soon. Please help. I have contacted my congressman also.
ssnd03
02-28 09:11 AM
02/28/2008: FBI Name Check Backlogs Eligible for 485 Adjudication in Service Centers
* According to the withdrawn USCIS FAQ on FBI Name Check Backlog I-485 case new adjudication policy after 180 days of name check request, they estimated the total eligible 485 cases at 46,000 or something. Now, according to the AILA Q&A with the USCIS HQ Service Center Operation office on February 20, 2008, the Service Centers located approximatlely 10,000 cases that were waiting name checks only and they estimated that there would be additional 15,000 cases that would fit the new policy. There is no specific timeline announced, but there are some indications that these cases may be adjudicated from one month to approximately three or four months. It appears that the USCIS is mindful of the potential EB visa number retrogression and may want to adjudicate these cases as soon as possible.
* According to the withdrawn USCIS FAQ on FBI Name Check Backlog I-485 case new adjudication policy after 180 days of name check request, they estimated the total eligible 485 cases at 46,000 or something. Now, according to the AILA Q&A with the USCIS HQ Service Center Operation office on February 20, 2008, the Service Centers located approximatlely 10,000 cases that were waiting name checks only and they estimated that there would be additional 15,000 cases that would fit the new policy. There is no specific timeline announced, but there are some indications that these cases may be adjudicated from one month to approximately three or four months. It appears that the USCIS is mindful of the potential EB visa number retrogression and may want to adjudicate these cases as soon as possible.
more...
bluekayal
01-27 12:41 AM
"Bringing Congress to the People."
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
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stucklabor
04-10 09:13 PM
I agree with bharnik..
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
more...
makemygc
07-06 06:28 PM
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
So far there is nothing broadcasted which seemed to be breaking news.
So far there is nothing broadcasted which seemed to be breaking news.
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viveckj99
08-20 02:04 PM
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
EAD for me, wife and son.. No signs of approval yet
Hi,
I filed EAD for me and my wife online on July 08.
FP: Aug 02,2008
LUD:Aug 05,2008
still showing pending status.
EB3
FP : Aug 1, 2008
LUD on AUG 3, 2008
EAD for me, wife and son.. No signs of approval yet
Hi,
I filed EAD for me and my wife online on July 08.
FP: Aug 02,2008
LUD:Aug 05,2008
still showing pending status.
EB3
more...
gauravsh
02-21 01:07 PM
Can you please tell where are you located ?
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ramus
06-26 09:03 PM
Yes lets corporate... Let me file first and then you can file it next... Do you think this will work? I really don't understand why everybody is coming with new thred and new idea about filing...Why can't we spend little time on what core member asks us to do.
Member even don't feel like contributing just $50.. You think they will buy this idea.. I don't mean to hurt you but we should do at least something before we expect others to do something.
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimise the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Member even don't feel like contributing just $50.. You think they will buy this idea.. I don't mean to hurt you but we should do at least something before we expect others to do something.
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimise the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
more...
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inthehole
06-19 04:27 PM
Can you please send me a copy?. I will really appreciate it.
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Berkeleybee
04-10 09:05 PM
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
I'm smiling. We will certainly try, but the part above (clout etc) would be an overstatement of our current levels of access. :)
Note that these are the same agencies that have been resisting our efforts to get even the most basic breakdown of data.
best,
Berkeleybee
I'm smiling. We will certainly try, but the part above (clout etc) would be an overstatement of our current levels of access. :)
Note that these are the same agencies that have been resisting our efforts to get even the most basic breakdown of data.
best,
Berkeleybee
more...
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gcseeker2002
03-02 03:17 PM
I was just curious to know and the reason why I asked was, if you read all the posts on this thread, one person (sheela) had a similar 'house visit' by an ICE agent...who was asking questions mostly on wire transfers...so, was trying to see if there was any similarity in both the cases?
The simplest and easiest case for transferring money is because we dont know if we will ever get GCs, and our jobs are not guaranteed as we are on H1, so we can say we feel safer to keep the money back in home country than in this country and hence transfer the money.
BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened
The simplest and easiest case for transferring money is because we dont know if we will ever get GCs, and our jobs are not guaranteed as we are on H1, so we can say we feel safer to keep the money back in home country than in this country and hence transfer the money.
BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened
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sc3
05-13 07:33 PM
Please check with both Immigration attorney (for 485 withdrawal), and a divorce lawyer in India.
I believe that if the marriage was conducted in India, but US court issues the divorce decree, such decree is not automatically recognized in India. You might have to file for such a decree in India too.
Personally, withdrawing now, and reapplying is a better option. You will be playing Russian roulette if you decide to wait for some time to "withdraw" -- as USCIS could suddenly make dates current (remember last year), and approve a bunch of application. Of course, consult an Immigration lawyer to see if you can withdraw and re-use the same application (140) later. If not, withdraw and start a new GC (using current 140 as basis for priority date) -- you could even get a EB2 classification.
I believe that if the marriage was conducted in India, but US court issues the divorce decree, such decree is not automatically recognized in India. You might have to file for such a decree in India too.
Personally, withdrawing now, and reapplying is a better option. You will be playing Russian roulette if you decide to wait for some time to "withdraw" -- as USCIS could suddenly make dates current (remember last year), and approve a bunch of application. Of course, consult an Immigration lawyer to see if you can withdraw and re-use the same application (140) later. If not, withdraw and start a new GC (using current 140 as basis for priority date) -- you could even get a EB2 classification.
more...
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am4gc
12-30 01:51 PM
EB2 India got 16000 visa in 2005. Will it get 2800 in 2006 according to 7% quota?
This text in Quote is available in this link
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
Note it is Nov 2005 bulletin...we are seeing bad progression in EB2 in Oct,Nov 2006...one year later. That confuses me
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China – mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
This text in Quote is available in this link
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
Note it is Nov 2005 bulletin...we are seeing bad progression in EB2 in Oct,Nov 2006...one year later. That confuses me
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China – mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
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dilbert_cal
02-20 11:50 PM
Can you provide more details about your case ? - EB ? , PD ?, any RFE ? state ?....
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ramudu
11-01 09:41 AM
To mailmy_gc : You are very lucky to have it on the 100th day i guess..Mine is pending 98 days and i went to local office - Newark, NJ today and they told me your file is with the IO and you are probably struck in background check - cant understand he spend 90+ days on background check alone! and i am still counting. I met atleast 3 people whose EAD is pending and expired and are counting days. I cant beleive USCIS is no ruthless and care a damn about legal immigrants.
Can anyone tell me how else i can expediate? - I already tried 2 Info pass, one service request, Letter to CIS ombustman (they did respond with rrecommendation). I havent contacted senator (does it help - if so do i just call them or go to there office?). Any input will help.
Can anyone tell me how else i can expediate? - I already tried 2 Info pass, one service request, Letter to CIS ombustman (they did respond with rrecommendation). I havent contacted senator (does it help - if so do i just call them or go to there office?). Any input will help.
alwayson
01-25 09:42 AM
LINK (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/immigration-fraud-hundreds-of-indian-students-may-be-deported-from-us/articleshow/7359653.cms)
WASHINGTON: Hundreds of Indian students , mostly from Andhra Pradesh , face the prospect of deportation from the US after authorities raided and shut down a university in the Silicon Valley on charges of a massive immigration fraud .
The Tri-Valley University in Pleasanton, a major suburb in San Francisco Bay Area, has been charged by federal investigating authorities with being part of an effort to defraud, misuse visa permits and indulge in money laundering and other crimes.
According to a federal complaint filed in a California court, the University, which was raided and shut down last week, helped foreign nationals illegally acquire immigration status.
The university is said to have 1,555 students. As many as 95 per cent of these students are Indian nationals, the complaint said.
Investigations by Immigration and Custom Enforcement (ICE) found that while students were admitted to various residential and online courses of the university and on paper lived in California, in reality they "illegally" worked in various parts of the country as far as Maryland, Virginia, Pennsylvania, and Texas.
ICE has called it as a "sham university." The ICE investigations found that more than half of these students were reported to be residing in a single apartment located in Sunnyvale California.
During the course of the investigation ICE found that the university gave the residential address of its students in order to conceal that they did not live in California, said the court papers.
For a student to maintain an active immigration status, they must show proof that they are making reasonable process towards completing coursework and physically attend classes.
Federal investigating authorities are now sweeping out on each of those students, who paid lakhs for obtaining students visa and also students work permit.
Several of them have been interrogated, creating a panic reaction among the Indian student community.
Many of the students from Andhra Pradesh, who were planning to join the university for the new semester, have cancelled their US travel plans.
Classes were scheduled to start on January 10 after the winter break.
It is understood that many of these students are planning to leave the country as soon as possible as they are being interrogated.
There are unconfirmed reports of some of the students being detained and deportation process has been started against them.
Once the university has been shut down, the students who come on F-1 visa, lose their status within a stipulated time. These students have been making desperate calls to Indian- American immigration attorneys.
"We have received verification that ICE has detained some of the students and placed them in removal proceedings," Murthy Law Firm, a popular immigration attorney firm among Indian-Americans, said in a posting on its website.
On January 20, 2011 the Murthy Law Firm received numerous phone calls from students registered at Tri-Valley University in Pleasanton, California, it said in its posting.
WASHINGTON: Hundreds of Indian students , mostly from Andhra Pradesh , face the prospect of deportation from the US after authorities raided and shut down a university in the Silicon Valley on charges of a massive immigration fraud .
The Tri-Valley University in Pleasanton, a major suburb in San Francisco Bay Area, has been charged by federal investigating authorities with being part of an effort to defraud, misuse visa permits and indulge in money laundering and other crimes.
According to a federal complaint filed in a California court, the University, which was raided and shut down last week, helped foreign nationals illegally acquire immigration status.
The university is said to have 1,555 students. As many as 95 per cent of these students are Indian nationals, the complaint said.
Investigations by Immigration and Custom Enforcement (ICE) found that while students were admitted to various residential and online courses of the university and on paper lived in California, in reality they "illegally" worked in various parts of the country as far as Maryland, Virginia, Pennsylvania, and Texas.
ICE has called it as a "sham university." The ICE investigations found that more than half of these students were reported to be residing in a single apartment located in Sunnyvale California.
During the course of the investigation ICE found that the university gave the residential address of its students in order to conceal that they did not live in California, said the court papers.
For a student to maintain an active immigration status, they must show proof that they are making reasonable process towards completing coursework and physically attend classes.
Federal investigating authorities are now sweeping out on each of those students, who paid lakhs for obtaining students visa and also students work permit.
Several of them have been interrogated, creating a panic reaction among the Indian student community.
Many of the students from Andhra Pradesh, who were planning to join the university for the new semester, have cancelled their US travel plans.
Classes were scheduled to start on January 10 after the winter break.
It is understood that many of these students are planning to leave the country as soon as possible as they are being interrogated.
There are unconfirmed reports of some of the students being detained and deportation process has been started against them.
Once the university has been shut down, the students who come on F-1 visa, lose their status within a stipulated time. These students have been making desperate calls to Indian- American immigration attorneys.
"We have received verification that ICE has detained some of the students and placed them in removal proceedings," Murthy Law Firm, a popular immigration attorney firm among Indian-Americans, said in a posting on its website.
On January 20, 2011 the Murthy Law Firm received numerous phone calls from students registered at Tri-Valley University in Pleasanton, California, it said in its posting.
virald
11-06 04:26 PM
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
This isn't neccesarily true for AP. I saw the same status, but my lawyer got AP approvals.
This isn't neccesarily true for AP. I saw the same status, but my lawyer got AP approvals.
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