skark
07-11 11:59 AM
Hi,
My wife is on H4 and she has her H4 extension approval. But the local DMV says that they need to see a visa stamp in her passport to issue a DL. Its actually exchanging her out of state DL! Can anyone from NC (Raleigh, Cary, RTP, Durham etc) share their experiences please.
My wife is on H4 and she has her H4 extension approval. But the local DMV says that they need to see a visa stamp in her passport to issue a DL. Its actually exchanging her out of state DL! Can anyone from NC (Raleigh, Cary, RTP, Durham etc) share their experiences please.
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deardar
09-14 08:29 AM
$200
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gsc999
07-09 05:30 PM
If you need a car ride from LA to San Jose for 07/14 rally. Please see details on the link below:
http://immigrationvoice.org/forum/showthread.php?t=6156&page=10
http://immigrationvoice.org/forum/showthread.php?t=6156&page=10
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GCard_Dream
07-06 01:00 PM
I see that we all are very busy fighting amongst ourselves. Did all of you get a chance to "Digg" the story so it gets maximum publicity possible? This is the only story so far that carefully analyzes the 485 fiasco and longer it runs the better it will be for us.
Please take a min and digg it. You'll be doing yourself a favor.
Please take a min and digg it. You'll be doing yourself a favor.
more...
PD_Dec2002
06-02 10:27 PM
Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?
Thanks, but no thanks!
Jayant
Thanks, but no thanks!
Jayant
amit_sp
04-26 11:32 PM
Hello, I have been through the same situation for past 2 years. Just carry your receipt for extension to the local MVC and they will give you 3-month extension on your licence. During that course, your actual extension should arrive upon which you will have to renew your licence. It's better to spend $24 for licence renewal that spending $1000 for premium processing.
My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?
My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?
more...
ItIsNotFunny
03-04 06:27 PM
Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?
You can check status of your case on line:
https://egov.uscis.gov/cris/jsps/index.jsp
It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.
You can check status of your case on line:
https://egov.uscis.gov/cris/jsps/index.jsp
It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.
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mmanurker
09-26 11:00 AM
This is the worst DMV in NJ... You may be better off going to Jersey City, Princeton or anywhere else.
Princeton/Trenton are also worst...FYI...My DL already expired on 9th Sept.
I went to Trenton with original receipt and employer letter but still they refused to renew my license.
My attorney forgot to upgrade my H1 application to premium process and then started to defend himself by saying that he did not get any approval from my employer and at the same time he never told me that he did not get my employer authorization till Sept 11th where as I asked him to upgrade to premium sometime in last week of July'07. So from July to Sept'11th he kept making excuses one after another but never mentioned that he needs an employer authorization.Thats how these attorneys work and screw our lives....
Princeton/Trenton are also worst...FYI...My DL already expired on 9th Sept.
I went to Trenton with original receipt and employer letter but still they refused to renew my license.
My attorney forgot to upgrade my H1 application to premium process and then started to defend himself by saying that he did not get any approval from my employer and at the same time he never told me that he did not get my employer authorization till Sept 11th where as I asked him to upgrade to premium sometime in last week of July'07. So from July to Sept'11th he kept making excuses one after another but never mentioned that he needs an employer authorization.Thats how these attorneys work and screw our lives....
more...
a_paradkar
07-14 01:46 PM
10$ from em 2.
Thanks IV
Thanks IV
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mita
09-10 12:35 PM
USCIS takes two steps(2 years) forward than takes three steps(3 years) backwards. When it takes forward steps, it confuses everybody by it's stupidness of approving later PD cases and than moves backwards after realizing it's blunder. In this whole process, we spend time analyzing, debating, chatting on what USCIS will do next but they throw all our logic out the window and go their own way. This whole process sucks!!!!
You see in the real world everything moved 1 year ahead from October 2007 to October 2008. So in USCIS world also it moved by 1year.
You see in the real world everything moved 1 year ahead from October 2007 to October 2008. So in USCIS world also it moved by 1year.
more...
pani_6
09-22 09:05 PM
actually it is better to concentrate on the call campaign for the recapture ..if that happens then I guess it will solve many things ..btw I am EB3 too
Yes Sir..Right now its the HR Bills..I am the originator of the thread..no offense meant..;)
Yes Sir..Right now its the HR Bills..I am the originator of the thread..no offense meant..;)
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nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
more...
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tnite
02-08 11:15 AM
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
If the person is on H1b, then he/she can travel without AP as long as they have an unexpired H1B visa and carry with them the I1485 receipt.
AP has nothing to do with your AOS processing. AP like EAD is for our convenience and has no bearing on the AOS process.
The only time it has is if someone uses the EAD /AP , then they are no longer on H1B.
As far as leaving the country without AP and then getting it mailed , there are mixed opinions (not facts). Some think it will come back to haunt you later and others think it is of no consequence.
I personally had a family member do this back in Oct but will keep this board updated if and when they have an issue.
This is just my opinion and take it with a grain of salt.
If the person is on H1b, then he/she can travel without AP as long as they have an unexpired H1B visa and carry with them the I1485 receipt.
AP has nothing to do with your AOS processing. AP like EAD is for our convenience and has no bearing on the AOS process.
The only time it has is if someone uses the EAD /AP , then they are no longer on H1B.
As far as leaving the country without AP and then getting it mailed , there are mixed opinions (not facts). Some think it will come back to haunt you later and others think it is of no consequence.
I personally had a family member do this back in Oct but will keep this board updated if and when they have an issue.
This is just my opinion and take it with a grain of salt.
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manugee
09-10 02:26 PM
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
more...
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vk_vkumar
07-15 03:14 PM
The following memo from DOS to CIS says it all:
July 2, 2007
TO : CIS Section 245 ADJUDICATIONS
FROM : Immigrant Visa Control
SUBJECT : Authorizations for Employment CASES
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.
Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases
July 2, 2007
TO : CIS Section 245 ADJUDICATIONS
FROM : Immigrant Visa Control
SUBJECT : Authorizations for Employment CASES
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.
Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases
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champak3
06-17 08:07 AM
what is your PD?
not sure why is this question imp , but it's nov 2006 .....
not sure why is this question imp , but it's nov 2006 .....
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apahilaj
05-01 10:28 AM
Any takers?
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
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kumhyd2
07-13 03:48 PM
Administrators,
Can you start a thread to decide about the meeting places for the state / city chapters so that members can gather and discuss.
This is more effective in addition to the postings on the forum.
You can selectively decide some meeting places for each state /city chapter
Post it for voting
Finalize the meeting schedules (like weekly meeting/monthly meeting)
Make it a regular event so that postings / thoughts can culminate into actions.
Can you start a thread to decide about the meeting places for the state / city chapters so that members can gather and discuss.
This is more effective in addition to the postings on the forum.
You can selectively decide some meeting places for each state /city chapter
Post it for voting
Finalize the meeting schedules (like weekly meeting/monthly meeting)
Make it a regular event so that postings / thoughts can culminate into actions.
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pani_6
08-13 06:35 PM
New Action Item for EB-3
gsrknth
07-14 02:55 PM
Great Idea.
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kyjy
03-24 09:16 PM
Did anyone receive LC approval that was filed in Delaware?
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