WaldenPond
07-21 08:48 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
god_bless_you
08-15 08:29 AM
what Indian congressional representatives or Indian caucas..etc are doing for Indian immigrants??
do they have any word to say in this deep visa retrogression for indian origin?
do they have any word to say in this deep visa retrogression for indian origin?
rockrocky
03-26 01:02 PM
None of the immigration related questions were asked.
Leo07
05-14 02:53 PM
Bump^^^^^^^^^^^^^
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AB1275
12-17 11:00 PM
I was in kind of simmilar situation in April 08 .I found out online that my 140 /485 denied on april 18th .called my lawyer and statred counting days to find out why .Neither My attorney.employer or me got any denail notice till may 15 .meanwhile i had mad multiple call to NSC.finally I got denail notice on my home address thu it was supposed to go to attorney .Any was they asked for same things what they wanted from u .My employer was in process of audit but i had only 4 days to file MTR .
Now answers to ur quiries
1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
Wish u luck
Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.
Now answers to ur quiries
1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
Wish u luck
Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.
TexDBoy
09-10 09:09 PM
If your Opt is till Dec ... why did you get H1B with no I-94 ...
I thought that only happens if you have gap between OPT and H1B ...
I thought that only happens if you have gap between OPT and H1B ...
more...
RajWantsGC
05-12 09:57 PM
Hello Gurus,
I have bit complicated case. Please have a little patience to go through it. I had two I140s filed in 2007. One was under EB2 and another was under EB3. In July 2007, we filed I485 along with the EB3 I140 receipt (as per my employer). At the time of filing I485, both I140s were pending. In May 2008, my EB2 I140 was denied because of education issue. But at the same time my I1485 was also denied. The reason USCIS gave for denying I485 was that as I140 is denied so I485 was also denied automatically. But we attached the EB3 I140 receipt along with the I485 application. In month of May 2008, we filed MTR for I485 to reopen the case as my EB3 I140 was attached with the I485 and EB3 I140 is still pending. We also filed the appeal for my EB2 I140. In month of August 2008, my EB3 I140 was approved. I opened many service requests with USCIS for I485 MTR but to no use. After waiting for 10 long months since filing I485 MTR, I received a letter from USCIS in January 2009, saying that my MTR is sent to AAO. This is so frustrating. I was under the impression that MTR should not take much time.
Gurus, pleas let me know what are my options left now. I read in forums that people write letters to congressman and senators. I want to know the following things.
1) How to get the addresses of Congressmen and senators?
2) Should we send letters to local Congressman and Senators only? or we can send letters to any congress man and Senators?
3) Will the info pass be useful in my case?
Any help will be highly appreciated.
Thanks
Raj
I have bit complicated case. Please have a little patience to go through it. I had two I140s filed in 2007. One was under EB2 and another was under EB3. In July 2007, we filed I485 along with the EB3 I140 receipt (as per my employer). At the time of filing I485, both I140s were pending. In May 2008, my EB2 I140 was denied because of education issue. But at the same time my I1485 was also denied. The reason USCIS gave for denying I485 was that as I140 is denied so I485 was also denied automatically. But we attached the EB3 I140 receipt along with the I485 application. In month of May 2008, we filed MTR for I485 to reopen the case as my EB3 I140 was attached with the I485 and EB3 I140 is still pending. We also filed the appeal for my EB2 I140. In month of August 2008, my EB3 I140 was approved. I opened many service requests with USCIS for I485 MTR but to no use. After waiting for 10 long months since filing I485 MTR, I received a letter from USCIS in January 2009, saying that my MTR is sent to AAO. This is so frustrating. I was under the impression that MTR should not take much time.
Gurus, pleas let me know what are my options left now. I read in forums that people write letters to congressman and senators. I want to know the following things.
1) How to get the addresses of Congressmen and senators?
2) Should we send letters to local Congressman and Senators only? or we can send letters to any congress man and Senators?
3) Will the info pass be useful in my case?
Any help will be highly appreciated.
Thanks
Raj
QuietFlowsTheDon
04-16 05:09 PM
flower mound is a pretty good place.
good schools, home prices are a little better than nearby irving/valley ranch/coppell. property taxes are lesser than that in most other DFW suburbs.
pm me for any other info you would need.
I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!
good schools, home prices are a little better than nearby irving/valley ranch/coppell. property taxes are lesser than that in most other DFW suburbs.
pm me for any other info you would need.
I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!
more...
lahiribaba
02-12 02:08 AM
When I had posted a similar concept a few months back in this site I was ridiculed and called a madman...but now I see appreciation from the same people about a similar idea.
Well no bitter feeling about this but just wanted to highlight the fact that Indians in general offer the most resistance to a new idea specially if it comes from someone of their own.
We get what we deserve..:)
Well no bitter feeling about this but just wanted to highlight the fact that Indians in general offer the most resistance to a new idea specially if it comes from someone of their own.
We get what we deserve..:)
nk2
05-05 11:03 PM
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kumar1305
02-11 06:13 AM
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
I'm in my sixth year and didn't even apply for labor. Let the company apply my labor thn I will be active in ur initiatives.
I'm in my sixth year and didn't even apply for labor. Let the company apply my labor thn I will be active in ur initiatives.
jthomas
12-04 08:41 PM
If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
the third rule on the first thread.
the third rule on the first thread.
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masti_Gai
10-27 08:20 AM
we need to take all the originals if we have to attend a visa stampin interview.
but for H4 i dont' know coz we will be in US and would it really really be safe to mail our original petition to India we being here.
Mine was a different situation i entered US without my petition papers as i had forgotten them. I realized it only when i switched my company that i didn't have my petition papers with me. I later on got i fedexed by ma parents.
but for H4 i dont' know coz we will be in US and would it really really be safe to mail our original petition to India we being here.
Mine was a different situation i entered US without my petition papers as i had forgotten them. I realized it only when i switched my company that i didn't have my petition papers with me. I later on got i fedexed by ma parents.
jonty_11
02-08 04:55 PM
steve,
I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.
He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
I wish more of this wud happen to run these cheats out of business.
I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.
He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
I wish more of this wud happen to run these cheats out of business.
more...
desi_scorpion
08-02 02:39 PM
I have always used fedex....excellent service for most critical documents....I might have shipped 50 times to India......never used anything else.
andy garcia
06-15 03:12 PM
If its I-94# whatever is your latest number, from Actual I-94 card or I-94 attached with the latest H1 renewal/extention
The A# is assigned the first time that you apply for I-485.
It is not the number on I-94. That number is everytime they issue a new one when you enter the US.
The A# is assigned the first time that you apply for I-485.
It is not the number on I-94. That number is everytime they issue a new one when you enter the US.
more...
NKR
08-21 02:29 PM
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
gulute
12-09 08:30 PM
Pardon my ignorance!
My understanding was American companies are setting up shops in India for cheap labor and still provide services for mostly American consumers and not Indians. And for Oracle they can bring any number of Indians here on H1/L1/B1 visas. So what make them pay $120K in India (I assume he is still a software engineer, else he would have been getting more than $120K here!)
My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.
My understanding was American companies are setting up shops in India for cheap labor and still provide services for mostly American consumers and not Indians. And for Oracle they can bring any number of Indians here on H1/L1/B1 visas. So what make them pay $120K in India (I assume he is still a software engineer, else he would have been getting more than $120K here!)
My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.
ocpmachine
10-13 12:53 PM
My 485/131/765 package was received by USCIS TX center on Aug14'07 and my checks got cashed out on 10/9/2007.
I got the receipt# from the back of the cheques, however i am unable to pull up the case status online, i read through the USCIS FAQ and it advises us to wait for 3-4 weeks for the case to show up online.
I got the receipt# from the back of the cheques, however i am unable to pull up the case status online, i read through the USCIS FAQ and it advises us to wait for 3-4 weeks for the case to show up online.
amsh
08-22 01:52 PM
I think yes ,if you have a scanned or original copy or the Application number of old I140
pa_arora
07-10 04:34 PM
Wow, surprisingly the Eb-2 dates have moved ahead by 2 yrs!! I have a feeling they will go back to 2000 next month :p
dude its around 4 yrs.. ;-)
dude its around 4 yrs.. ;-)
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