indianabacklog
10-31 07:20 AM
My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
If you want to try to speed this up, go online, make an infopass appointment at your local office and have them send an email or fax on your behalf.
I am not excusing the IO's right now but can you imagine the amount of calls they have had to endure since the July fiasco and the mounds of applications that they are having to deal with through no fault of their own.
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
If you want to try to speed this up, go online, make an infopass appointment at your local office and have them send an email or fax on your behalf.
I am not excusing the IO's right now but can you imagine the amount of calls they have had to endure since the July fiasco and the mounds of applications that they are having to deal with through no fault of their own.
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desi3933
05-11 08:30 PM
desi3933,
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
......
>> In this case they are eligible for FB2A. So it nullifies that.
No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.
If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.
______________________
Not a legal advice
US citizen of Indian origin
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
......
>> In this case they are eligible for FB2A. So it nullifies that.
No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.
If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.
______________________
Not a legal advice
US citizen of Indian origin
aadimanav
12-20 06:33 PM
I found out from discussion about the USCIS Expedite service:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
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makemygc
07-26 12:31 PM
It is advisable not to move until you get fingerprinting notice.
The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.
Thanks WeShallOvercome.
What about address change after FP Notice? How do we communicate this to USCIS. I know there is a generic address change form which you need in any case you move more than 10 miles from your place. Do we need to use the same form or is there any difference process?
The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.
Thanks WeShallOvercome.
What about address change after FP Notice? How do we communicate this to USCIS. I know there is a generic address change form which you need in any case you move more than 10 miles from your place. Do we need to use the same form or is there any difference process?
more...
logiclife
02-05 05:04 PM
This article has an overall competitiveness argument saying that the American Competitiveness is not under a threat.
The PACE act is to protect that IN ADVANCE from happening...ie. having the american competitiveness under a threat from India and China.
I am going to discredit one argument in his article:
He says: We do an outstanding job of education for people ages 18 to 65. I beg to differ. If that is his argument to claim that there is no shortage of talent, then he ought to read a survey report funded by Pew Charitable research. The tools used was the same used by National Assessment of Adult Literacy, the government's examination of English literacy among adults.
More than 50% of students at four-year schools and more than 75% at two-year colleges lacked the skills to perform complex literacy tasks.
That means they could not interpret a table about exercise and blood pressure, understand the arguments of newspaper editorials, compare credit card offers with different interest rates and annual fees or summarize results of a survey about parental involvement in school.
The survey examined college and university students nearing the end of their degree programs. The students did the worst on matters involving math, according to the study.
Almost 20% of students pursuing four-year degrees had only basic quantitative skills. For example, the students could not estimate if their car had enough gas to get to the service station. About 30% of two-year students had only basic math skills.
The full article was published recently on all major media outlets including CNN, MSNBC and USA today.
http://www.cnn.com/2006/EDUCATION/01/20/literacy.college.students.ap/
http://www.usatoday.com/news/education/2006-01-19-college-tasks_x.htm
The PACE act is to protect that IN ADVANCE from happening...ie. having the american competitiveness under a threat from India and China.
I am going to discredit one argument in his article:
He says: We do an outstanding job of education for people ages 18 to 65. I beg to differ. If that is his argument to claim that there is no shortage of talent, then he ought to read a survey report funded by Pew Charitable research. The tools used was the same used by National Assessment of Adult Literacy, the government's examination of English literacy among adults.
More than 50% of students at four-year schools and more than 75% at two-year colleges lacked the skills to perform complex literacy tasks.
That means they could not interpret a table about exercise and blood pressure, understand the arguments of newspaper editorials, compare credit card offers with different interest rates and annual fees or summarize results of a survey about parental involvement in school.
The survey examined college and university students nearing the end of their degree programs. The students did the worst on matters involving math, according to the study.
Almost 20% of students pursuing four-year degrees had only basic quantitative skills. For example, the students could not estimate if their car had enough gas to get to the service station. About 30% of two-year students had only basic math skills.
The full article was published recently on all major media outlets including CNN, MSNBC and USA today.
http://www.cnn.com/2006/EDUCATION/01/20/literacy.college.students.ap/
http://www.usatoday.com/news/education/2006-01-19-college-tasks_x.htm
ssss
08-01 05:18 PM
UPS issued same tracking number for 2 different packages from same place of origin lastweek.
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pbojja
10-17 12:34 PM
Can anyone tell me what it means in terms of documents...???
Your questions are too demanding dude
Your questions are too demanding dude
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GKBest
12-26 06:31 PM
Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).
Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?
Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?
more...
gc28262
03-11 09:28 AM
I had the same issue. Still awaiting my AP which was applied in Nov 2008.
When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.
I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.
Finally I called them again, this time I talked to a more knowledgeable accommodating IO.
Keep calling the service center till you get an instruction similar to the following.
This is the instruction provided
----------------------------------------------------------
Fill out I-131 Application or use the copy of your original application
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
ADDRESS ( This is a special address, This not the standard USCIS address)
On Lower Left corner of the envelope mention:
do Not open in the mail room, No fees are attached
------------------------------------------------------------------
I am still awaiting my AP after doing this. :confused:
When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.
I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.
Finally I called them again, this time I talked to a more knowledgeable accommodating IO.
Keep calling the service center till you get an instruction similar to the following.
This is the instruction provided
----------------------------------------------------------
Fill out I-131 Application or use the copy of your original application
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
ADDRESS ( This is a special address, This not the standard USCIS address)
On Lower Left corner of the envelope mention:
do Not open in the mail room, No fees are attached
------------------------------------------------------------------
I am still awaiting my AP after doing this. :confused:
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mp2007
07-31 02:36 PM
Hi Sportsguy,
Please consult a lawyer, you dont want her to land in trouble because you did not get the correct advice.
MP
Please consult a lawyer, you dont want her to land in trouble because you did not get the correct advice.
MP
more...
zinc
07-17 06:57 PM
Great job Guys...way to go. We can accomplish a lot if we work together.
All the best to all!!!
Thanks for making a purchase with Google Checkout! Immigration Voice will process your order shortly.
Order Details - Jul 17, 2007 16:21 GMT-07:00
Google Order #9502434335xxxxx
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Not yet shipped 1 Contribute 100
All the best to all!!!
Thanks for making a purchase with Google Checkout! Immigration Voice will process your order shortly.
Order Details - Jul 17, 2007 16:21 GMT-07:00
Google Order #9502434335xxxxx
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when
10-02 02:22 PM
:-|
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ImmiLosers
09-25 05:23 PM
I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
PD is ported irrespective of the EB class
PD is ported irrespective of the EB class
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dextro_a
02-05 02:29 PM
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
I just thought its better reply then just assuming that university will do H1B for you.
I just thought its better reply then just assuming that university will do H1B for you.
more...
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vandanaverdia
09-09 02:09 PM
We have very little time on our hands. This is calling all WASHINGTONIANS. Lets do something & make a difference!
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syedajmal
07-31 03:53 PM
Option 1 - If she has been out of the USA for a significant amount of time for which you have proof, that time can be recaptured. I did this and recaptured 7 months. And Yes she can work for the time recaptured.
Option 2 - She can leave the country now, before here 6 years finishes, come back later and maybe use her GC or recapture the time that she spent out of the US then.
Hope this helps
Option 2 - She can leave the country now, before here 6 years finishes, come back later and maybe use her GC or recapture the time that she spent out of the US then.
Hope this helps
more...
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Legal
07-16 08:39 AM
I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?
It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.
It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.
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casinoroyale
01-31 02:03 PM
Ok, how sure is your lawyer about what he is saying?
I know a person who was exactly in this situation. He was given 221g and while he was waiting got his AP approval and he entered US using that. I am not sure what he did is right or wrong, but atleast it worked and he is in US.
I will recommend you to talk to one more attorney. May be murthy/rajeev khanna office?
(BTW, if you agree with that i said, please rate this post as 'approve' using the small scale icon on upper right corner. I am trying to get rid of these red dots which i got for no good reason)
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
I know a person who was exactly in this situation. He was given 221g and while he was waiting got his AP approval and he entered US using that. I am not sure what he did is right or wrong, but atleast it worked and he is in US.
I will recommend you to talk to one more attorney. May be murthy/rajeev khanna office?
(BTW, if you agree with that i said, please rate this post as 'approve' using the small scale icon on upper right corner. I am trying to get rid of these red dots which i got for no good reason)
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
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sixburgh
06-28 07:29 PM
If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
Ead and h1 employer are the same.
What happens when I want to change my job by using ac21 later?
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
Ead and h1 employer are the same.
What happens when I want to change my job by using ac21 later?
misholiver
12-17 11:16 AM
did you ever got a receipt notice?
ps. I am in the same boat and getting very nervous now.
ps. I am in the same boat and getting very nervous now.
zoooom
06-17 07:59 PM
How about this scenario..
I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?
I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?
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