jsb
08-31 03:00 PM
jsb thanks.
Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)
No. They believe they are working their best. Think of an assignment received by your company's Headoffice on July 2, 07, but it came to you to work, on Oct 11, 07. If you are to provide periodical progress, what will you call your Receiving Date of assignment? Oct 11, 07.
Processing Centers provide their monthly progress report to be published. They treat the date when they, the centers, (not the USCIS mail room) received, as the receive date, which is close to the Notice Date. Hence the confusion. If you ask them if they use ND sequence, they will confidentally tell you that they use the receiving date for sequencing their work, which to their belief is true.
Logically RD on your receipt should be used. Even if some senior guy at USCIS decides and instructs centers to process cases in that order, can they do it. No, as their sorting of cases is in order they (the centers) physically received them. It will be too tedious to re-sort tens of thousands of cases manually, particularly when mailroom RD is nowhere other than a stamp on the file, and as manually entered info on your receipt. Many follow up documents don't even mention that date, or even PD, as they are not part of the system information. Online info also shows some date close to ND as "your case was received on...".
There is a motivation to use up visas by Sep 30, as bosses question if they don't do that. But if they don't give visas in order of priority (whatever it be), no one questions, as it is difficult to prove someone to be wrong, or to correct even when something is proven wrong.
Bottomline is that the whole process translates to Luck.
Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)
No. They believe they are working their best. Think of an assignment received by your company's Headoffice on July 2, 07, but it came to you to work, on Oct 11, 07. If you are to provide periodical progress, what will you call your Receiving Date of assignment? Oct 11, 07.
Processing Centers provide their monthly progress report to be published. They treat the date when they, the centers, (not the USCIS mail room) received, as the receive date, which is close to the Notice Date. Hence the confusion. If you ask them if they use ND sequence, they will confidentally tell you that they use the receiving date for sequencing their work, which to their belief is true.
Logically RD on your receipt should be used. Even if some senior guy at USCIS decides and instructs centers to process cases in that order, can they do it. No, as their sorting of cases is in order they (the centers) physically received them. It will be too tedious to re-sort tens of thousands of cases manually, particularly when mailroom RD is nowhere other than a stamp on the file, and as manually entered info on your receipt. Many follow up documents don't even mention that date, or even PD, as they are not part of the system information. Online info also shows some date close to ND as "your case was received on...".
There is a motivation to use up visas by Sep 30, as bosses question if they don't do that. But if they don't give visas in order of priority (whatever it be), no one questions, as it is difficult to prove someone to be wrong, or to correct even when something is proven wrong.
Bottomline is that the whole process translates to Luck.
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gc_maine2
07-12 01:45 PM
Misha,
There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.
Thanks
Question for July I-485 filers.
Did anybody receive I-485 July Rejection Notice by mail?
There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.
Thanks
Question for July I-485 filers.
Did anybody receive I-485 July Rejection Notice by mail?
gsiskind
05-11 09:55 AM
HI
I am planning to file a for a fresh EAD or new EAD.
I had filed 485 on 08/06/2007.
Now I have the following questions:
1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
"If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
Does that mean I donot have to pay any fee to USICS for EAD application?
2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
On the I-765Instr document it says
"You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
Which document I should provide as per the above statement?
3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?
Thanks in advance.
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.
As for processing times, generally estimate 60 to 90 days on employment cards.
Regards,
Greg Siskind
Gregory Siskind, Attorney at Law
Siskind Susser - Immigration Lawyers
Telephone: 800-748-3819 or 901-682-6455
Fax: 800-684-1267 or 901-339-9604
Email: gsiskind@visalaw.com
Web: www.visalaw.com
Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.
I am planning to file a for a fresh EAD or new EAD.
I had filed 485 on 08/06/2007.
Now I have the following questions:
1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
"If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
Does that mean I donot have to pay any fee to USICS for EAD application?
2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
On the I-765Instr document it says
"You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
Which document I should provide as per the above statement?
3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?
Thanks in advance.
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.
As for processing times, generally estimate 60 to 90 days on employment cards.
Regards,
Greg Siskind
Gregory Siskind, Attorney at Law
Siskind Susser - Immigration Lawyers
Telephone: 800-748-3819 or 901-682-6455
Fax: 800-684-1267 or 901-339-9604
Email: gsiskind@visalaw.com
Web: www.visalaw.com
Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.
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aadimanav
10-16 11:15 PM
You are "legally" eligible to take any job or start your own business.
Some good job search websites are:
www.monster.com
www.dice.com
www.hotjobs.com
www.careerbuilder.com
Some good job search websites are:
www.monster.com
www.dice.com
www.hotjobs.com
www.careerbuilder.com
more...
grupak
03-28 11:09 AM
also, category selection (eb2, eb3 etc ) is not persistent in the session
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
amitjoey
06-17 06:50 PM
Total Contributions on this thread: $650- I am moving these to the funding thread. Please post your contributions on the funding thread.
more...
frostrated
09-03 02:01 PM
Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?
Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.
You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.
Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.
You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.
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pappu
08-22 08:06 PM
I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..
why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...
Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....
Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.
Wrong.
We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.
Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!
why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...
Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....
Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.
Wrong.
We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.
Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!
more...
kondur_007
09-24 12:06 PM
All they said was that you do not have enough ties in India and you will work there.
It sounds very lame to me.
It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).
I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.
Good Luck.
It sounds very lame to me.
It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).
I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.
Good Luck.
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sixburgh
06-28 04:31 PM
You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.
This is what I think too.
But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).
Any official documentation about this ?
This is what I think too.
But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).
Any official documentation about this ?
more...
sundarraj61
11-04 10:39 PM
I too missed the chance ( formy wife and son) and waiting for the next chance and not sure when it is going to happen.
-sundar
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
-sundar
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
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dpsg
03-25 02:49 AM
I fully agree we won't gain anything from fighting anyone.. But we need to create a parallel source of information on this website , which is based 100% on facts... so that rational people can make better judgements.
I am definately against fighting idelogues, because to them ideology is above everything.. they will find everything to support their arguments... frankly we
shouldn't do same. We should build a unrefutable credibility for us.
Regards and thanks for taking a challenging leadership role for this important endeavour.
I am definately against fighting idelogues, because to them ideology is above everything.. they will find everything to support their arguments... frankly we
shouldn't do same. We should build a unrefutable credibility for us.
Regards and thanks for taking a challenging leadership role for this important endeavour.
more...
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gaurav_sh2
07-18 10:20 AM
what is your country of birth? I know dates never went current to sep'08 for india...
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Adam
08-26 11:42 AM
I spent about 15 minutes the other night trying to make C3-PO smilie to go with :rd: I found it tough if you wanna give it a shot.
more...
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jcrajput
09-29 07:00 PM
I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:
------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):
x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following document may be provided.
Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.
---------------------------------
Here below is my I-140 detail:
Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC
-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.
It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:
1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.
I really appericiate your response and help. Thanks a lot.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:
------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):
x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following document may be provided.
Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.
---------------------------------
Here below is my I-140 detail:
Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC
-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.
It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:
1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.
I really appericiate your response and help. Thanks a lot.
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mheggade
05-08 03:54 PM
Call you Zoolander! :D
Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p
PS: my java coding is being a pain in the butt today.
How do u know all congress critters are looking out for females? Have you not heard the story of the infamous Senator from Idaho :D
Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p
PS: my java coding is being a pain in the butt today.
How do u know all congress critters are looking out for females? Have you not heard the story of the infamous Senator from Idaho :D
more...
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pappu
10-30 01:37 PM
See this link, give your comments ( I suggest to be brief & to the point).
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
pls. try to also post IV link in your reply on usatoday.com
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
pls. try to also post IV link in your reply on usatoday.com
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NKR
03-06 04:21 PM
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
2002
Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.
As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
2002
Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.
As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.
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rajuseattle
08-30 01:42 AM
R u working for a desi bodyshop who may have been on the blacklist of USCIS?
Usually for I-485 stage USCIS looks for last 5 yrs of employment an the latest I-94 and TAX return for past 3 yrs.
Who filed your I-485, if its attorney then he may not have provided the required evidence for your current immigration status.
Whats your I-140 status?
Usually for I-485 stage USCIS looks for last 5 yrs of employment an the latest I-94 and TAX return for past 3 yrs.
Who filed your I-485, if its attorney then he may not have provided the required evidence for your current immigration status.
Whats your I-140 status?
vulcanfly
07-19 10:12 PM
So we can transfer our H1's but can we still have our 485 applications pending
shreekhand
12-08 10:53 PM
Good info Bpositive...
LPR coz you didn't present the card. Henceforth... when you re-enter using your physical GC, they will write ARC on the immigration stamp, that is, Alien Resident Card.
LPR coz you didn't present the card. Henceforth... when you re-enter using your physical GC, they will write ARC on the immigration stamp, that is, Alien Resident Card.
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