понеделник, 13 юни 2011 г.

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  • ameryki
    10-02 11:06 PM
    murthy just sent out this info in his newsletter that went out today.

    Delayed EADs - Ombudsman's Suggestions to Expedite

    The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.

    Option 1 : Call the NCSC

    It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.

    Option 2 : INFOPASS Appointment

    If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.

    It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.

    Option 3: Contact the Ombudsman if Other Options Do Not Work

    If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at cisombudsman.publicaffairs@dhs.gov. It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.




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  • Berkeleybee
    04-09 10:26 AM
    All,

    Just to put this issue to bed once and for all. IV is committed to bringing its goals into legislation -- we are not wedded to any particular piece of legislation. If Plan A doesn't work, there is Plan B, C and D. Each with its own advantages and disadvantages.

    There have been some people who have been saying "Comprehensive reform is dead IV should work on PACE/Poster's favorite option."

    (1) It is not certain that CIR is dead. We are not about to toss it aside before the Senate has.

    (2) IV is fully prepared for PACE -- we have studied all of PACE's provisons (have the theorists even done this?). Did you happen to notice that one of the co-sponsors of PACE has already offered an amendment for us? We also have support from other co-sponsors.

    (3) Our amendments show that we have support no matter which legislation goes forward -- we have to shore up this support and make sure we get more for floor votes.

    BTW, I notice that some of our new theorists became members only a few days ago, probably to read the live update threads, and just a few days after that they start opining about what IV should do. ;-) Have they done anything with/for IV: volunteer, contribute, send webfaxes? I doubt it.

    Note to new members: please visit our Resources section and familiarize yourself with the material there, at the very least you'll see we have been doing our homework and we are not a one-theory-one-legislation group.

    best,
    Berkeleybee




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  • techskill
    08-10 11:49 AM
    thats sigh of relief for me.
    My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
    Not sure why attorneys do this



    If the address in the checks and the applications should match then most of the AOS applications will be rejected for mismatch.




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  • tdasara
    05-29 08:42 AM
    This basically is adding insult to injury!

    How can one expect a sane professional being stuck with the same job description for 5-10-15 years with little or no pay increase?

    Oh, well, that's the law!! So were Jim Crow laws....An unjust law no law at all! Augustine of Hippo

    For Christ sake...the PD's are stuck in Windows 2000 era (even Windows 98 era). We have had XP, Vista and now Windows 7 and we are expected to work on Windows 98?

    So in case of an RFE, do we plead saying Windows 98/Windows 2000 are obselete no sensible (profitable) business uses it and I have to work on Windows Vista?



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  • doctor
    01-26 04:10 PM
    Thank you so much for your responses so far, it is a good starting point for us.


    [QUOTE=ryan;2280334]Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why ..QUOTE]

    Ryan, As I mentioned it is not about us (parents). We either ignore it or dont come across it openly. I have been out of india for long time now but never had to consider this before. It is different for children and playgrounds, it is not about missing india. Maybe you dont have small children or if you do please let me know the different cities you have lived so far and I will appreciate it.
    Thanks




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  • yabadaba
    06-26 08:24 PM
    ^^^^



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  • duttasurajit
    10-18 02:22 PM
    I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.

    I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.




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  • srkgollapudi
    04-23 12:55 AM
    Hello All,
    My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
    Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?

    Thank you
    Ravi



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  • JunRN
    12-27 08:12 AM
    Just an advise: Check what's on your I-797 and that's your official receipt date. Count 180 days plus 1 after that and you're good to change employer with same/similar occupation.




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  • Bharam
    06-06 09:19 AM
    Fellow IVians,

    Contributed $200 for the cause.

    Wish you all the best



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  • mheggade
    07-20 01:13 PM
    RIP 'Labor Substitution' is the best thing happened ever happened so far!!!


    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!




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  • when
    12-06 01:21 PM
    Thank You crystal



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  • sam_hoosier
    12-06 03:05 PM
    This guy is from IIT which is at par with MIT, Cornell and other top notch technical schools so this pay package ($ 155k gross) is not surprising.




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  • va_il
    12-27 01:49 PM
    With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.

    Any insight would be appreciated.
    Clueless i guess.



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  • immigrationvoice1
    03-06 01:59 PM
    It has been taking for ever to move. I had missed 3 times already to get it approved during the last 5 years. Lets see if it moves to 2002

    What do you mean when you say you missed 3 times ? Please elaborate if possible.




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  • nit_sea
    01-04 11:53 AM
    Can someone reply on my question . Please help .

    My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
    She will come back to US again on H4 visa .

    Can she apply again for COS to F1 after coming back in US on H4 ?



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  • NikNikon
    November 10th, 2004, 10:10 AM
    This was the first thing I thought too but then if he can't maneuver within the menu doing a firmware update may be impossible.



    I would try downloading the software update from nikon and reinstalling it to see what happens.. it is fairly simple.. there are "A" and a "B" programs that need to be loaded independently... the instructions on the site are straightforward... I have had D-70 since they came out and have had no problems.... If your local retailer will not stand behind the camera it seems nikon should... isn't there a year nikon warrenty?




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  • ravi2patel
    07-24 08:41 AM
    If the new company has a "succession of interest" clause in its take over, basically where it "succeeds to the interests and conditions of the previous company", including it's immigration interests such as your employment based immigrant visa application, you should be able to continue with your application. I guess you would have to include a "succession of interest" document with your application.

    I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.

    Hi..what is "succession of interest" document...is it the actual 'merger' contract ?

    Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks




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  • smarth
    07-10 10:41 PM
    EB3-I is still 'U'....any prediction for EB3-I in October'09 Visa bulletin?:(




    pandu_hawaldar
    10-05 01:14 PM
    My wife's case does not have any LUD (soft/hard) since 09/24, while mine has latest LUD 09/30. That's why I am worried, that there is no update on that case.




    CrazyWorld
    08-04 05:58 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;



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