Thursday, June 9, 2011

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  • saketkapur
    07-03 12:55 PM
    Hi
    I am posting the link for the EAD FAQ available from the USCIS. I still have not received my card but it says online that the approval notice was sent on June 30th....so not sure if its one year or 2 years and if its the actual card or just a notice.

    Anyways here is the link.

    http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf

    Please see the part regarding the validity period of the card and if you believe you got the wrong dates then what needs to be done.

    If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c)(9), how long is the EAD valid?
    If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date. If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

    If I believe I have received an EAD with the wrong validity period or other incorrect information who should I contact?
    If you believe that you have received the wrong validity period, you should contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY).
    For additional information, or if your application has been approved and you have not received your EAD, please contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY)

    regards
    Saket




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  • dwl800
    06-30 10:27 AM
    Hello ,

    I found this

    http://www.mercurynews.com/mld/mercurynews/business/technology/personal_technology/14903827.htm




    I googled it high and low but could not find this news originating today...

    :confused:


    Any wise guesses by when we will know ispar or uspar (one way or another)?

    Land of the free is in your head :D




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  • Appu
    03-17 07:45 PM
    Piyushpan, I see this provision as:

    I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.


    Here's the summary from Sen Frist's website:


    Section 405. Student Visas.
    Section 405 extends foreign students� post-curricular Optional Practical Training (and F-1 status)
    to 24 months. It also creates a new �F-4� student visa for students pursuing an advanced degree
    candidates studying in the fields of math, engineering, technology or the physical sciences. The
    new visa would allow eligible students to either to return to their country of origin or remain in
    the United States for up to one year and seek employment in their relevant field of study. Once
    such a student received such an offer of employment, the individual would be allowed to adjust
    status to that of a legal permanent resident once the alien paid a $1,000 fee and completed
    necessary security clearances. Eighty percent of this fee would be deposited into a fund for job
    training and scholarships for American workers, while twenty percent of the fee would go
    toward fraud prevention.

    So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.

    Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.




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  • sbdol
    08-03 10:44 PM
    Guys,

    ....

    My Own Case:-> I work for a multibillion dollar telecom company and joined this company almost 15 mos ago with a promise that they would start my GC immediately. Till Now, they have not yet file my labor. Their lawfirm is Larrabee http://www.larrabee.com/ in sanDiego. I don't have much experience with them as my application is still in my company's internal queue but based on the basis of my little experience, I would certainly not recommend them

    Thanks

    DD

    I had extremely bad experience with them .
    It even came to the point that I had to decline a job offer after I had learned that the new company is also their client.



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  • h4visa
    03-17 11:19 AM
    Thats a good point Harsh. If they are reluctant to increase the H1 cap they can simply look for the talent in their own house (USA). After all we all are paying taxes and can contribute to the economy. and also we should seriously think about lobbying for issuance of EAD to H-4's once I-140 is approved.




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  • angelfire76
    04-10 05:36 PM
    Accountability. Ok great, accountability is a pretty good concept. However I think the OP is targeting the wrong people here.
    Do we even dare to hold the CIS/DOS accountable for their wishful manipulation of PDs? These guys can't even give us information that's there in their own systems.
    Did we raise our voice when H1Bs (an arch which all of us have passed through) were being demonized by the media and politicians?
    So we are not holding the people who have been the biggest beneficiaries of our money accountable, why hold a volunteer group, who are nothing more than regular people like us with families and personal issues accountable for trying to fix something that's broken.
    Shoot in the city I live in, it's like the Richard Pryor paraphrase "I see brown people"
    Yet when we want to discuss agenda and action items, how many show up: 6, yes, 6.
    Maybe next time we'll put up a board for free pizza and beer.
    And here you are giving IV lunch money and asking for bill passage. :rolleyes:



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  • rajuram
    11-19 11:46 PM
    I tend to agree. Anything that can give us positive publicity will work.


    The flower campaign was a huge success. The holiday season is here and I was thinking about a potentially new and innovative campaign idea. Greeting cards with a recorded audio message to be sent to the Director of USCIS. The message would be unique to the individual sending it. Should include something like "Dear Sir - I wish you a happy and safe holiday season. My name is "xyz". I am a legal immigrant stuck in the green card backlog for "xyz" years. Please help us. This message is just an idea - it could be anything agreed upon by consensus.

    Maybe this idea is a little corny but we have to think out of the box. Just imagine - hundreds of greeting cards with their own unique message - could make a point???




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  • krishna.ahd
    02-08 07:29 PM
    Thank you all for the quick and helpful replies.

    My current employer has assured me that they will not revoke my LC or I-140. It is a huge company and I think it will stick to its word. It will not have any use for the LC, I-140 anyway as the whole group was laid off and the product moved to India.

    So, it seems that if I transfer to company B they will be able to file for an H1 extension beyond 6 years based on I-140 approved with company A. I can then start my GC process with B again while keeping my old priority date.

    Once again, all your replies were immensely helpful.

    Thanks
    Good Luck, many of us gone thru this but this retro making the things worse.

    As mentioned by rb_248 also i am repeating again
    What kind of job are you looking for? ( Main skillset )
    Where are you located now ??
    Are you willing to move ??

    Post the details May be someone at IV could help you.

    On the side note,
    There are lot of debates, bickering , angry , jolly, sad comments in the other threads or say in IV , but when I saw something like this encouraging responses , i feel so happy. Thanks folks.



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  • amitjoey
    02-08 03:40 PM
    chitta123, do not panic. You are in a better situation overall. Find an employer willing to sponsor your H1 and greencard. Start H1 Process (transfer). You will get a new H1- with date of April 2008. Start working as soon as you get a receipt date.
    Also start new perm-labor with new employer. apply I-140 with and ask to retain old PD date from employer A -I-140 (Old employer). Since Employer A has laid you off (guessing that they were out of work for you), they cannot and will not benefit from revoking the I-140. Since they cannot use it to hire any other foreigner, since they just layed off.
    There might be some other easy way you can do this. Please do not take my views as legal advice. Consult a lawyer (good one) immediately.




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  • guesswho
    06-01 04:05 PM
    Hi All,
    Do you know if there are problems approving I-140 if company does layoffs at your site (even if I am not affected by the layoffs)? I know there could be problems for a pending labor, if there are layoffs while the labor is pending. How about I-140?

    Thanks



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  • gaurav_sh
    04-10 03:35 PM
    Chandu, you made me laugh (in a fun way, not in the making fun of you way). Hiding is done inside the closet, not behind it. Maybe lack of clothes is explainable because one is "behind" the closet :)

    On a serious note though, You provided so many ways that money is being raised by running marathons, funding drives etc etc...but come on, where on this website or anywhere else is it mentioned how this money is being spent??

    I have absolutely no right to ask that question because i have never contributed money. But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?"

    Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...Supporting the cause is NOT equal to giving IV money. The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious and so are all the personal attacks on the "freeloaders" (like myself ofcourse).

    you got the skills to say right things with right words!!




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  • rahul76
    08-15 01:28 PM
    My wife is currently with Employer A on her 7th year H-1B which is valid till Sep 2009. She also has her approved labor cert and I-140 from this employer, but decided to continue on my I-485 application. The I-140 however is still valid.

    She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.

    Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?

    Thanks!!!



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  • needhelp!
    03-06 05:16 PM
    Section 6: Time Limits for Agencies to Act on Requests Section 6 of the Open Government Act has two provisions that address time limits for complying with FOIA requests, and the consequences of failing to do so. Significantly, this section does not take effect until one year after the date of enactment and will apply to FOIA requests �filed on or after that effective date.� Accordingly, agencies have until December 31, 2008 to take any necessary steps to prepare for the implementation of this Section.
    First, section 6(a) of the Open Government Act amends 5 U.S.C. � 552(a)(6)(A) which gives the statutory time period for processing FOIA requests, and includes criteria for when that time period begins to run and when that time period may be suspended or �tolled.� Specifically, section 6(a) provides that the statutory time period commences �on the date on which the request is first received by the appropriate component of the agency, but in any event not later than ten days after the request is first received by any component of the agency that is designated in the agency�s regulations under this section to receive requests.� This provision addresses the situation where a FOIA request is received by a component of an agency that is designated to receive FOIA requests, but is not the proper component for the request at issue. In such a situation, the component that receives the request in error � provided it is a component of the agency that is designated by the agency�s regulations to receive requests � has ten working days within which to forward the FOIA request to the appropriate agency component for processing. Once the FOIA request has been forwarded and received by the appropriate agency component � which must take place within ten working days � the statutory time period to respond to the request commences.
    Section 6(a) further provides for those circumstances when an agency may toll the statutory time period. Specifically, an agency �may make one request to the requester for information and toll� the statutory time period �while it is awaiting such information that it has reasonably requested from the requester.� The agency may also toll the time period �if necessary to clarify with the requester issues regarding fee assessment.� There is no limit given for the number of times an agency may go back to a requester to clarify issues regarding fee assessments � which sometimes may need to be done in stages as the records are being located and processed. In both situations, section 6(a) specifies that the requester�s response to the agency�s request �ends the tolling period.�
    Second, section 6(b) addresses compliance with the FOIA�s time limits by amending 5 U.S.C. � 552(a)(4)(A), the provision addressing fees. Section 6(b) adds a clause to that provision providing that �[a]n agency shall not assess search fees (or in the case of a [favored] requester [i.e., one who qualifies as an educational or noncommercial scientific institution, or as a representative of the news media] duplication fees) . . . if the agency fails to comply with any time limit under paragraph (6), if no unusual or exceptional circumstances (as those terms are defined for purposes of (6)(B) and (C), respectively) apply to the processing of the request.�
    As noted in the language of the new provision, the terms �unusual circumstances� and �exceptional circumstances� are existing terms in the FOIA. �Unusual circumstances� occur when there is a need to search or collect records from field offices, or other establishments; when there is a need to search for and examine a voluminous amount of records; or when there is a need for consultation with another agency or with more than two components within the same agency. Unlike �unusual circumstances,� �exceptional circumstances� are not affirmatively defined in the FOIA, but the FOIA does provide that �exceptional circumstances� cannot include �a delay that results from a predictable agency workload of requests . . . unless the agency demonstrates reasonable progress in reducing its backlog of pending requests.� 5 U.S.C. � 552(a)(6)(C)(ii). In addition, the statute provides that the �[r]efusal by a person to reasonably modify the scope of a request, or arrange an alternative time frame for processing the request . . . shall be considered as a factor in determining whether exceptional circumstances exist.� Id. at � 552(a)(6)(C)(iii).
    Section 6(b) therefore precludes an agency from assessing search fees (or in the case of �favored� requesters, duplication fees), if the agency fails to comply with the FOIA�s time limits, unless �unusual� or �exceptional� circumstances �apply to the processing of the request.�
    Finally, section 6(b) amends 5 U.S.C. � 552(a)(6)(B)(ii), which discusses notification to requesters regarding the time limits and the option of arranging an alternative time frame for processing, by directing agencies �[t]o aid the requester� by making �available its FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the agency.� This provision incorporates an existing aspect of Executive Order 13,392.
    The Department of Justice will be providing guidance to agencies in the near future on section 6.




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  • jonty_11
    06-27 02:23 PM
    this shows that they can really work efficiently when needed.. Only they wont do it as a part of their daily Job..If they would not waste VISAS...we would all be happy!!



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  • intheyan
    07-16 10:42 PM
    Murthy and Rajiv.S.Kanna are doing very good job.




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  • prince_charming
    09-17 08:26 PM
    I got some more information from InfoPass

    They have received G-28 and i saw my present attorney address which is good. Because my present attorney will receive the denial notice.

    2nd, The AC21 letter never reached them..... Somehow blackhole swallowed it....

    Still waiting on Denial notice.



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  • rockstart
    06-26 11:54 AM
    My lawyer asked me $400 / form as his fees so $1600 lawyer fees to apply for Spouse and mine EAD , AP. Plus $1300 USCIS fees. All this to fill a one page no brainer form. I decided to file it myself but I am sure there are lots of people who will pay them for that and why would they want 2 years EAD when they can make money every year for so little effort.


    In this big black hole we are alone, not the govt. nor the lawyers really care for what goes with us. USCIS is just a money making machine for the govt. Rules are made complex and there are several layers of forms. I wonder why a person should go thru 2 stages before filing for I-485. Or why they have 5 different forms filled Labor/I-140/I-485/I-760/I-131 blah blah blah when they could just do it with 1 form like any other country have or may be 2 layers, labor and I-1485. There's no logic of having to file I-140/I-760/I-131. It's all money game...




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  • Jaime
    09-07 01:06 AM
    You must attend, you owe it to yourself and your family.

    I got your PM, did you get mine?




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  • gk_2000
    03-28 08:34 PM
    Shut the f*ck up when no one is talking about you

    Go on, you ass. And expect more people to donate.




    pcs
    02-08 03:48 PM
    Are you not happy, you are not alone. Do not worry at all just file your H1 in time & you will get extension for 3 more years.

    Do post your key details here & I am sure some IV guy can help you hook up.


    Please do not forget to spread good word about IV.

    If you want job in Detroit area, send me a PM & I can hook you up with some nice HR guy..




    justice4all
    07-21 09:09 PM
    Hi All,

    Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.

    Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?

    I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.

    I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.

    One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?

    So please let us start acting now: The list of next possible steps (in no particular order) are:

    - Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
    - Get the support of IV core team for this
    - If no other alternatives are available then consider filing a case. Consult an attorney for this
    - Raise more awareness about this and get allt he support we can
    - Raise some money towards this cause


    So please please provide more inputs so that we could start making some real progress. Thanks!!


    Hello Risker,
    After going through all postings, it is wise to consider the following actions in order:
    1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
    2. In the meantime, Get the details of peoples whose case are still in backlog centre.
    3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)


    P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.



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