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  • meg_z
    11-17 12:54 PM
    I can second that. I do have an inactive discover card (I have not activated the new cards they sent to me as I have better cards to use). I have had discover cards for years. Just recently, a person from Discover Card called me to offer me those 5% reward cards. I said sure. Then she asked me if I was a citizen. Then she asked if I was a permanent resident. After two nos, she said then I can't give you the card.

    Discover does not issue a credit card if you are not a PR or citizen..even though you have good credit history..





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  • bharol
    08-18 02:22 AM
    how does one know NC is cleared? do you see an update?

    If you were July/Aug filer, it does not matter even if it is not cleared...


    ...180 day rule, thanks to IV efforts.





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  • jonty_11
    05-15 11:35 AM
    I have been calling my state and other states too as I get time. I will do that for this Bill as well.

    I think this one is critical in that it will get many folks out of the picture/queue.





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  • Lisap
    08-23 04:19 PM
    Here comes one more preacher. Most people on this forum are no saint, they not even a man (or woman) enough to stand up for themselves.

    We are a Union and thats how a union works that is actively supporting the cause of its members.

    If one is stupid enough not to understand that we are trying to help everyone and thus this "one help" need to be demanded then god help that person.

    Understood, we all may have problems but those could be solved with whatever our share of work we can do to support this cause.

    If someone says that they don't know what IV policies and activites are and blames that nobody explained to them. Well... thats a lame excuse. It is very much on the front page of IV

    Number is the bargaining power and we are here to bargain. Period.

    Yes, u got that right. I am one angry man and regret that what I am doing goes against the spirit of IV.

    Now my direct question to you is : are in or are u out?


    With people like you on here- I am out too!



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  • guy03062
    04-12 12:19 PM
    I totally agree with bkarnik.

    I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!

    So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.





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  • we_r_d_world
    11-26 09:07 PM
    EB3-I and C this should be another eye opener, get united or bust...
    nothing for us all in here,.............
    only hope is recapture.................
    please, wakeup... we need to start working on this..like........yesterday!!!
    We_r_D_world



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  • gc_check
    06-26 02:52 PM
    Immigration Photos Standards are similar to that for the US Passport. Refer to below link for FAQ's on Photos.
    http://travel.state.gov/passport/guide/faq/faq_881.html
    http://travel.state.gov/passport/guide/guide_2081.html
    http://travel.state.gov/passport/guide/composition/composition_874.html





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  • Almond
    07-17 10:00 AM
    This is what I see:

    "U.S. Citizenship and Immigration Services
    Nebraska Service Center Service Center Processing Dates
    Posted July 16, 2007 "


    I cleared cookies, logged out, etc, everything and still, I get the old one. Will you please do a print screen or something?



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  • niidawg3
    01-26 06:01 PM
    So my old company's lawyers got my Denial Notice today. USCIS is unbelievable in their incompetence. I got denied because apparently I filed when a visa date was not available. Why would i do such a stupid thing? Obviously the IO didnt take the time to do a little research to see why I filed when I did, nor did his Director who rubber-stamped the denial.

    My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing

    It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.

    I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"

    Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.

    I know i would have lost my job if i made such a life-altering and blatant error!!

    I cant believe an Infopass can't resolve this, and I need to go down the MTR route.





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  • namm80
    01-28 07:55 PM
    SpringFlower: Can u share which state/city your FP is scheduled in? I think people in crowded places like Bay area, CA get FPs later than less crowded areas.

    We got FP notices for me & my wife on 01-25-08. Finger printing date is Feb 6th, 2008. Same date, same time for both of us. Just perfect!

    We filed our I-485 application/EAD/AP on July 6th, 2007.
    Ours is a transferred case (NSS-CSC-NSC).

    Did not open any service request.

    Looks like they started processing transferred cases.
    People who have been waiting should be getting their FP notices now.

    ------------------------------------------------------------------
    Contributed $300 so far..



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  • sundarpn
    04-20 10:12 AM
    Hello Neelu,

    Can you share the draft of your modified letter?

    thx.





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  • H1BLegal95
    12-13 05:19 PM
    I tried to recruit 3 guys with 7-8 yrs of experience. We already have a 12 member offshore team...the average asking rate (H1s and citizens) is 90K ..H1B quota restriction is working in our favor very much. Market rate for IT professionals has increased quite handsomely..put ur resume out to dice or monster and see for urselves.



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  • nk2006
    05-22 04:30 PM
    Seems like everyone losing hope including core - as someone else said above its really sad to see this. Please dont lose hope at this critical moment else all of our efforts for last two years will go waste.

    I cant imagine how much time/effort has been put into this effort by core members (as a relatively inactive member I myself could have easily spent several hundred hours on these forums in last year and half; and atleast some time in calling/faxing etc.). After all these efforts and seeing the current bill its understandable to get deeply disappointed. But dont lose hope yet. Its not over.

    Logiclife - coming this from you really shook me. At one point you were so confident that having our measures in any future CIR is but gauranteed - we thought its just a matter of time. All of us were also thinking that we are in a better position to introduce and enact amendments in this congress. We still have time (2 weeks) for amendments - why are we thinking about alternate arrangements and slowly losing hope. Does this show our level of confidence now or this thread is meant for some light hearted fun?





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  • ragz4u
    04-02 08:54 AM
    Guys, we need much more support. Please talk to your friends/colleagues anyone else you know!

    Thanks



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  • gcisadawg
    02-28 10:06 AM
    "A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008."


    It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?





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  • nozerd
    12-25 09:34 AM
    And are you doing anything to try and speed up your case since PD are current ?

    My PD is before Oct 2001



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  • jsb
    07-25 02:02 PM
    Take Infopass appointment to relieve your anxiety little bit . I took infopass on Aug 8 to know what is happening to my I-485

    What do you say about your problem when you take InfoPass. You can't take an appointment to just ask what is happening to your case, unless several months have passed after all sorts of dates.





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  • Berkeleybee
    04-10 06:55 PM
    Friends:

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.

    bkarnik,

    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available

    OR

    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.





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  • test101
    07-02 04:48 PM
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    vasu009
    02-10 06:51 PM
    > *** DO NOT RESPOND TO THIS E-MAIL ***
    >
    > The last processing action taken on your case
    >
    > Receipt Number: LINxxxxxxxxxxxx
    >
    > Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    >
    > Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
    >
    > On February 10, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
    >
    > If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
    >
    > *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    > *** Please do not respond to this e-mail message.
    >
    >
    > Sincerely,
    >
    >
    > The U.S. Citizenship and Immigration Services (USCIS)





    NKR
    07-25 11:21 AM
    Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. US have lots to offer us if we just let go and start enjoying life. Good Luck!!

    Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)



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