desi3933
07-09 11:01 AM
The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.
Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
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mhtanim
07-15 05:08 PM
Did you get your EAD/AP approval yet? I filed in 1st week of May, but nothing yet?
No I didn't get approval for either one yet. I have seen lots of people who filed after me and already got approval.
No I didn't get approval for either one yet. I have seen lots of people who filed after me and already got approval.
vin13
07-16 06:25 PM
If u want to be fair, fight to remove country quota and not fight among EB categories
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nehas
01-29 05:59 PM
in trouble. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
But as of now he is not paying me any thing. so is there any thing that I can do about it?
But as of now he is not paying me any thing. so is there any thing that I can do about it?
more...
gc28262
07-20 01:06 PM
ok, let me put the matter to rest before you take it out of context. My observation was based on the thread that we had for collecting the amount..I didn't see many EB3 folks contribute dollars....but now that 2 EB3 are vouching that enough EB3 folks contibuted, that's great. I just observed something and if it hurt you right down the spine, sorry. I filed PERM 3 months ago, I'm far off in this process. Just focus on advocay so that everyone gets their GCs. Good luck. I hate this EB2 vs EB3, this is a never ending debate. Just hope everyone gets their GC in time.
Nothing personal. I appreciate everybody's contribution and efforts. I was trying to dispel the notion that PD progress is somehow related to how much we contribute to advocacy efforts. That is just not true.
Peace !
Nothing personal. I appreciate everybody's contribution and efforts. I was trying to dispel the notion that PD progress is somehow related to how much we contribute to advocacy efforts. That is just not true.
Peace !
test101
07-04 07:09 PM
Mine was mailed by june 29th and was delivered by July 1st at 10:10 pm by United states postal service (priority mail). Do not ask me how.. it's still a mystery to me.
Some how it confirm that USCIS was working over the weekend
Some how it confirm that USCIS was working over the weekend
more...
desiguy22042
09-22 10:38 PM
I am happy to announce that I have received the EAD cards today (just like rc0878 had suggested). I should not have doubted the encouragement and estimation of the experience here.
So, I received the EAD cards dated Sept 18th, expiry is one year from the issue date i.e. Sept 17th, 2008 (unlike someone else's cards which were valid for only 3 months).
Let me know if someone wants to ask any other information.
thanks again. :D
Hi,
I received my (and my family's) transfer notice (and hence the WAC### nos.) for 485 application yesterday at my residence. The cases were filed in CA by my lawyer (filing from MD). The cases have been transferred to TX.
I am yet to receive any notice/tracking no. for EAD and AP applications. The checks were made by the lawyer so that is not an option.
Questions::confused:
1) Does transfer mean delay in processing ?
2) Is EAD tracking no. different from the 485 no. ? If so, where can I get that from ?
3) Are they still issuing EADs in about a couple of months ? If so, that is great. If not, when does the 90-day clock start for INFOPASS ? (if it is an option in this incresed activity)
Any answers or discussions or links to the solutions are welcome.
Good luck to everyone for the speedy processing.:D
So, I received the EAD cards dated Sept 18th, expiry is one year from the issue date i.e. Sept 17th, 2008 (unlike someone else's cards which were valid for only 3 months).
Let me know if someone wants to ask any other information.
thanks again. :D
Hi,
I received my (and my family's) transfer notice (and hence the WAC### nos.) for 485 application yesterday at my residence. The cases were filed in CA by my lawyer (filing from MD). The cases have been transferred to TX.
I am yet to receive any notice/tracking no. for EAD and AP applications. The checks were made by the lawyer so that is not an option.
Questions::confused:
1) Does transfer mean delay in processing ?
2) Is EAD tracking no. different from the 485 no. ? If so, where can I get that from ?
3) Are they still issuing EADs in about a couple of months ? If so, that is great. If not, when does the 90-day clock start for INFOPASS ? (if it is an option in this incresed activity)
Any answers or discussions or links to the solutions are welcome.
Good luck to everyone for the speedy processing.:D
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Naveen
07-09 04:05 PM
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
more...
shantak
02-04 08:39 AM
mine is July 2007 and im in Richmond, State of Virginia. Local ASC that would be processing my FP would be Norfolk.
Thanks
Hi,
What is your 485 notice date and which state are you residing?
Thanks
Hi,
What is your 485 notice date and which state are you residing?
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PD_Dec2002
06-22 01:51 PM
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.
Thanks,
Jayant
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.
Thanks,
Jayant
more...
gclongwaytogo
10-11 05:19 PM
Dont know how far it is true, but I always look at that website. And usually they update the happenings quickly. And most of the time it is correct too.
And in my office, they applied for three of us and one has got the RNs. But we haven't. Attorney says that she has got RNs for her clients who applied in August. And asked me to wait, as nothing else can be done at this point.
And in my office, they applied for three of us and one has got the RNs. But we haven't. Attorney says that she has got RNs for her clients who applied in August. And asked me to wait, as nothing else can be done at this point.
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Pineapple
10-26 11:31 AM
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
more...
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gccovet
08-13 12:33 PM
EAD USCIS Recieved Date: 03-July
EAD Status Cahnged to Card Production Ordered: 12-Aug
EB3
did you get any email from CRIS? Assuming you had a 'Y' for email.
GCCovet
EAD Status Cahnged to Card Production Ordered: 12-Aug
EB3
did you get any email from CRIS? Assuming you had a 'Y' for email.
GCCovet
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apahilaj
08-01 12:24 PM
Dear all,
I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?
My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...
I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?
Thanks and good luck!
I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?
My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...
I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?
Thanks and good luck!
more...
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Roger Binny
05-10 01:21 AM
GC Visa's are per country per year, where as H1's are not per country based, we indians used most H1's and stood in queue for GC's of course there is path so we stood, in fact it is one attraction they used to bring over here, to start with, per country GC visa limit is a poor thought.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
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test101
07-09 03:38 AM
For some postal destinations the USPS offers guaranteed 2 day service. I recently mailed a package where this service was offered. The postal worker explained that if the package was mailed on a Friday, it would be delivered on Sunday. San Francisco, CA is one of the destinations where this service is offered and the package in question was, indeed, delivered on a Sunday.
You should check whether the postal service offers the 2-day service to the USCIS office.
Thank you for explainig that. My lawyer indead in CA. Thank you very much.
It was mailed on jun/29 via priorty mail.
You should check whether the postal service offers the 2-day service to the USCIS office.
Thank you for explainig that. My lawyer indead in CA. Thank you very much.
It was mailed on jun/29 via priorty mail.
more...
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samrat_bhargava_vihari
06-18 08:53 AM
I am waiting ..
I am waiting.. and few more friends none of us got receipt. our checks got cashed on last Monday.
I am waiting.. and few more friends none of us got receipt. our checks got cashed on last Monday.
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csvinay
07-10 12:39 PM
Shipper: DHL.
Order Number: FNL1792925
Order Number: FNL1792925
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Mount Soche
12-17 09:44 AM
I got "the letter" too...
It is just a letter recognizing that there was a SR made etc...
There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
It is just a letter recognizing that there was a SR made etc...
There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
vallabhu
07-20 10:24 AM
Great going guys. Keep it coming. Yes we can for sure extend this to Monday. The more the better.
Can some one tell how to cancel 20$ subscription and start 50$ subscription.
Can some one tell how to cancel 20$ subscription and start 50$ subscription.
aquarianf
04-24 11:18 AM
Guys one more perspective:
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.
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