GCKaMaara
05-29 04:15 PM
I think we (IV) should rethink about this and support it.
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Legal
02-04 02:33 PM
This is still not a big deal.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.
rsharma
10-11 12:58 PM
My earlier comment was in reply to the comments from the member BharatPremi. I had wrongly quoted the comments from the member - buddyinsfo.
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wellwisher02
05-04 06:05 PM
Agreed...it is personal decision...but for Indians...it is a difficult decision. The way India is growing....People who have lived here for more than 10years...are migrating back....i know a person who left...has warned me...just to earn and get out.....not good for kids future etc....
So...we are all still learning.....
---
In re personal decision, I stay away from commenting on it any further.
Many members of IV, like me, are speaking in ONE VOICE on immigration reforms, including expeditious processing of GCs.
That should be the primary focus of threads, talking about H1B and GC issues. I don't mean to offend you, dear friend, since I'd like to be in the company of people who're going through frustrating times and fighting for GC reforms thru IV.
So...we are all still learning.....
---
In re personal decision, I stay away from commenting on it any further.
Many members of IV, like me, are speaking in ONE VOICE on immigration reforms, including expeditious processing of GCs.
That should be the primary focus of threads, talking about H1B and GC issues. I don't mean to offend you, dear friend, since I'd like to be in the company of people who're going through frustrating times and fighting for GC reforms thru IV.
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desidas
02-04 05:27 PM
Logiclife,
Please review this thread:
http://immigrationvoice.org/forum/showthread.php?t=17061&page=3
What are your thoughts now?
See how this guy is harassed at POE with AP travel.
Please review this thread:
http://immigrationvoice.org/forum/showthread.php?t=17061&page=3
What are your thoughts now?
See how this guy is harassed at POE with AP travel.
nb_des
06-18 02:27 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?
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h1bmajdoor
04-28 11:19 PM
Then there will always be people like Lou Dobbs who will say that "potential immigrants will get points only if they make 240K a year and are 25 years of age". The UK is also restricting people by increasing the point based system. Now people who make 35,000 GBP a year do not get any points in the HSMP.
the problem currently is that the system is full of lies. when you came here did you know that only 10,000 indians, by LAW, are allowed to get employment GCs per year? No. They gave you all that green grass story about how your math skills are needed here. how they don't like to study math here (and why not? all the books I studied math from were by American profs. ).
They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.
Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.
You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".
http://www.pbs.org/wgbh/aia/part1/1i3001.html
"If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
the problem currently is that the system is full of lies. when you came here did you know that only 10,000 indians, by LAW, are allowed to get employment GCs per year? No. They gave you all that green grass story about how your math skills are needed here. how they don't like to study math here (and why not? all the books I studied math from were by American profs. ).
They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.
Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.
You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".
http://www.pbs.org/wgbh/aia/part1/1i3001.html
"If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
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Macaca
08-14 11:40 AM
� If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
What does this mean? Thanks!
What does this mean? Thanks!
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for_gc
06-23 04:16 PM
I filed my I485/EAD/AP on August 7, 2007. Does this mean that I do not have to pay any fee for EAD renewal now ?
The instructions say this -
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
The instructions say this -
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
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at0474
12-17 11:36 AM
Hello there,
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
--Understand your situation very well. For a new comer, unless he/she is fully aware of what IV is about, what it has done, doing and going to do, it is very difficult to be convinced of 50 dollar monthly contributions.
I see one problem in allowing contribution with lesser denomination provision though; majority would sign up for the lesser amounts. I am not talking about casual onlookers. I am talking about serious potential contributors who are convinced of IV cause and ready to contribute. They could easily go for $50, but rather, a lesser contribution option would tempt them down! In essence, it would seem like the bar was set down.
All in all, we have to remember. IV is not supported by any 'no-nonimmigrant-left-behind' federal program.
If you cannot do recurring contributions, you can do it in one time payments.
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
--Understand your situation very well. For a new comer, unless he/she is fully aware of what IV is about, what it has done, doing and going to do, it is very difficult to be convinced of 50 dollar monthly contributions.
I see one problem in allowing contribution with lesser denomination provision though; majority would sign up for the lesser amounts. I am not talking about casual onlookers. I am talking about serious potential contributors who are convinced of IV cause and ready to contribute. They could easily go for $50, but rather, a lesser contribution option would tempt them down! In essence, it would seem like the bar was set down.
All in all, we have to remember. IV is not supported by any 'no-nonimmigrant-left-behind' federal program.
If you cannot do recurring contributions, you can do it in one time payments.
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sk.aggarwal
02-01 05:47 PM
oct 25th 2010. btw your idea for geeting A# is good :)
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gc_kaavaali
08-03 03:38 PM
Hi frostrated,
do you have any source/link to prove your point? Just asking.
Thank you
USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.
do you have any source/link to prove your point? Just asking.
Thank you
USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.
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eb3retro
09-23 03:02 PM
its the same old freakin horse shit..politics at its core...:mad::mad:
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fcres
06-18 11:39 PM
One does NOT need EAD to use AC21. I don't understand the panic.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?
I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?
I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?
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stupendousman11
08-04 10:29 AM
Have printed out the petition. Will be sending out to 2 Senators and all 13 Representatives in North Carolina.
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garybanz
11-29 12:05 PM
All,
My wife and I applied for EAD together almost 110 days back. My EAD came through within 60 days but no signs of any progress on my wife's EAD.
Are more of you facing the same issue? We called USCIS and the officer expected another 3-4 month delay.
What are our Options? I thought USCIS had a commitment to send out EADs within 90 days! Any idea why the interim EAD thing was dropped? Any exceptions under which they actually give interim EADs?
Thanks,
My wife and I applied for EAD together almost 110 days back. My EAD came through within 60 days but no signs of any progress on my wife's EAD.
Are more of you facing the same issue? We called USCIS and the officer expected another 3-4 month delay.
What are our Options? I thought USCIS had a commitment to send out EADs within 90 days! Any idea why the interim EAD thing was dropped? Any exceptions under which they actually give interim EADs?
Thanks,
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delhirocks
07-21 03:25 PM
exactly...
My interpretation: the vote was not on Cornyn's amendment; in response to a Point of Order raised, there was a motion to waive the Budget Act for Cornyn's amendment (the Budget Act requires 60 "Yes" votes to bring to the floor amendments to appropriation bills); if 60 senators had voted "Yes" (and agreed to waive the Budget Act requirement for Cornyn's amendment), then a vote on the actual amendment would only have required a simple majority. But because only 55 voted "Yes", the amendment failed to obtain the waiver; it was out of order because it did not qualify as an amendment to this bill.
Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.
My interpretation: the vote was not on Cornyn's amendment; in response to a Point of Order raised, there was a motion to waive the Budget Act for Cornyn's amendment (the Budget Act requires 60 "Yes" votes to bring to the floor amendments to appropriation bills); if 60 senators had voted "Yes" (and agreed to waive the Budget Act requirement for Cornyn's amendment), then a vote on the actual amendment would only have required a simple majority. But because only 55 voted "Yes", the amendment failed to obtain the waiver; it was out of order because it did not qualify as an amendment to this bill.
Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.
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nk2006
07-21 11:12 AM
Seems like we missed a golden opportunity in this bill. Is this the must pass budget bill? or related to troops in Iraq? I am suprised to see that this went completely under radar. I will write to my senators to thank them for the support (though it failed its nice to see their support).
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hebron
04-21 07:26 PM
Yes, my Bachelor and Master's are in same/related discipline. I think you can use any education evaluator but make sure that are aware of Indian Education System. We have responded to the RFE. I will post the outcome for the benefit for all.
Thank you very much!
Thank you very much!
breddy2000
11-19 02:35 PM
I visited the PA DMV yesterday to renew my driving licence based on my pending I-485. With all the valid documents like EAD, I-485, SSN card, I-94 etc. They refused to renew it saying that they have a new pilot program implemented called SAVE and need to get clearence from that, it will take upto 30 days. Anybody else gone throgh this proces?? Day by day more hurdles to pass...what a life, why dont they keep their systems uptodate or provide some temp permit as long as their check is pending. I am frustated with all this GC process, name check, DL SAVE system check etc..Why dont they implement just one check and give approval to everything.. atleast make it less time consuming.
Anythoght from anybody? anybody else went through this SAVE (Systematic Allien Verification for Entitlement) program, or am I the only one??
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71cf58f91f08e010VgnVCM1000000ecd190aRCR D&vgnextchannel=71919c7755cb9010VgnVCM10000045f3d6a1 ____
I just submitted the fee of $18 and was given renewed license until 2010posted through mail.
No questions asked, no documentation asked. Just sent out the fee in the mail and received the renewed linense in 2 weeks.
I'm from Michigan.
Anythoght from anybody? anybody else went through this SAVE (Systematic Allien Verification for Entitlement) program, or am I the only one??
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71cf58f91f08e010VgnVCM1000000ecd190aRCR D&vgnextchannel=71919c7755cb9010VgnVCM10000045f3d6a1 ____
I just submitted the fee of $18 and was given renewed license until 2010posted through mail.
No questions asked, no documentation asked. Just sent out the fee in the mail and received the renewed linense in 2 weeks.
I'm from Michigan.
freedom_fighter
06-29 04:11 PM
I think IV should work on filing a CLASS ACTION LAWSUIT for several reasons. Are we going to be coward legals waiting, for lazy folks at USCIS to undo the wrong they've done for so many years.
1. Blatant errors in the processing which has, destroyed , causing huge stress, trauma and what not to ppl waiting in limbo.
2. Inability to provide any insight on the basic timeline for any application. Look at the EB backlogs, they change there bulletin as if its a stock market, it can go forward or backward depending on the mood of the ppl working on any day.
3. Immigration is a burden on the legal immigrants, we pay for those ppl jobs. How can they offer such a sub-standard service, considering the hefty fees they charge from us.
4. The US constitution says " We the people", does not say "Legal Aliens" don't have any say or can't ask for justice.
5. We are legals, did not cross any border like those illegals, which this administration is so concerned about. We pay for services, not screw ups!
6. Lost EB visas for USCIS / DOS mis-handling.
7. Even if we loose the lawsuit, still we made our point. USCIS sucks! period
Ok now, i'm ready for all the red dots, who think that keeping quite will some how magically solve these problems. They need to be held accountable for what they've done.
Btw. I found this : http://www.ilw.com/articles/2004,1116-khanna.shtm
This was class-action lawsuit by Rajeev Khanna. Anybody know what happened with it?
1. Blatant errors in the processing which has, destroyed , causing huge stress, trauma and what not to ppl waiting in limbo.
2. Inability to provide any insight on the basic timeline for any application. Look at the EB backlogs, they change there bulletin as if its a stock market, it can go forward or backward depending on the mood of the ppl working on any day.
3. Immigration is a burden on the legal immigrants, we pay for those ppl jobs. How can they offer such a sub-standard service, considering the hefty fees they charge from us.
4. The US constitution says " We the people", does not say "Legal Aliens" don't have any say or can't ask for justice.
5. We are legals, did not cross any border like those illegals, which this administration is so concerned about. We pay for services, not screw ups!
6. Lost EB visas for USCIS / DOS mis-handling.
7. Even if we loose the lawsuit, still we made our point. USCIS sucks! period
Ok now, i'm ready for all the red dots, who think that keeping quite will some how magically solve these problems. They need to be held accountable for what they've done.
Btw. I found this : http://www.ilw.com/articles/2004,1116-khanna.shtm
This was class-action lawsuit by Rajeev Khanna. Anybody know what happened with it?
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