sriharirag
07-16 10:47 AM
Here is the full article.
>>>>>>>>>>>
U.S. to Reverse
Some Denials
Of Work Visas
By MIRIAM JORDAN
July 16, 2007; Page A2
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.
Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.
People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.
The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.
July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.
Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.
July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.
The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.
The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.
Write to Miriam Jordan at miriam.jordan@wsj.com
>>>>>>>>>>>
U.S. to Reverse
Some Denials
Of Work Visas
By MIRIAM JORDAN
July 16, 2007; Page A2
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.
Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.
People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.
The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.
July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.
Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.
July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.
The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.
The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.
Write to Miriam Jordan at miriam.jordan@wsj.com
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cdeneo
03-25 09:36 PM
Is delivery confirmation possible for PO Box addresses?
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
Suva
07-18 03:26 PM
I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
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gcformeornot
06-30 10:29 AM
bumping up:mad:
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chumki
12-17 03:53 PM
Please help
ashkam
03-29 11:40 AM
Cacophonix, your refutation to the diarist's and Bob Oak's claims was brilliant, well-researched and best of all, well-articulated. Kudos to you.
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paulkurni
06-17 05:37 PM
Dude,
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
If it has been discussed many times then I regret to see we haven't achieved much out of this. But I believe persistence is the key to be successful in any cause.
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
If it has been discussed many times then I regret to see we haven't achieved much out of this. But I believe persistence is the key to be successful in any cause.
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niceguy
12-18 06:39 PM
So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.
This is really a very scary ride. Hope we can all survive.
But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.
All the best..
This is really a very scary ride. Hope we can all survive.
But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.
All the best..
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hemya
10-14 10:29 AM
I self filed for EAD. Was very easy. I plan to do the same for AP. $1000 is a lot for AP filing.
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irrational
11-05 11:50 AM
You should probably call USCIS to see what is going on ?
Reciept Notices should be sent immideatly as soon as they recieve the application. If it has been that long, I would recommend calling them and see what the hell is going on.
I did not get my reciept notices too. Luckily, I had the reciept numbers from the back of my checks. I called and found out that they were sent to the wrong address. I immideatly corrected my address online.
Reciept Notices should be sent immideatly as soon as they recieve the application. If it has been that long, I would recommend calling them and see what the hell is going on.
I did not get my reciept notices too. Luckily, I had the reciept numbers from the back of my checks. I called and found out that they were sent to the wrong address. I immideatly corrected my address online.
more...
Robert Kumar
03-21 05:59 AM
Canada option though attractive has his own problems and I mean serious problems!. When you apply for stamping, consulate will first cancel your existing visa so if your H1B is denied you have to go to your home country from Canada!
I heard sometimes visa is not issued immediately due to admin processing or whatsoever.
In such cases, will they return the passport atleast so that one can travel to India till things get resolved.
And how do they let us know when to come back when things get ready.
Hyd consulate is asking so many many documents.
I heard sometimes visa is not issued immediately due to admin processing or whatsoever.
In such cases, will they return the passport atleast so that one can travel to India till things get resolved.
And how do they let us know when to come back when things get ready.
Hyd consulate is asking so many many documents.
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gcnotfiledyet
03-16 11:16 PM
Option 1 - Take Travel Insurance for 15 days. For young folks that is not pricey and covers emergencies.
Option 2 - Just ignore....It is a matter of 15 days. Insurance is good, desirable, and highly recommended......but it is not something that deserves too much worry for 15 days for any healthy person.
I would highly recommend against option#2. I had accident on first day of driving after coming back from India. I had been driving for 5yrs before it. Luckily nothing happened but you never know and that is why you have insurance. For this scenario check health coverage on your auto policy. But how many scenarios are you going to cover? Best to get some kind of coverage. It is not advisable to live in this country without health insurance. It can make you go back to your home country/file bankruptcy etc. Americans are not stupid to have such costly insurance policies.
Option 2 - Just ignore....It is a matter of 15 days. Insurance is good, desirable, and highly recommended......but it is not something that deserves too much worry for 15 days for any healthy person.
I would highly recommend against option#2. I had accident on first day of driving after coming back from India. I had been driving for 5yrs before it. Luckily nothing happened but you never know and that is why you have insurance. For this scenario check health coverage on your auto policy. But how many scenarios are you going to cover? Best to get some kind of coverage. It is not advisable to live in this country without health insurance. It can make you go back to your home country/file bankruptcy etc. Americans are not stupid to have such costly insurance policies.
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dhenuva123
02-22 03:47 PM
am still in the same situation....my case is still in " initial stage":confused: ......so friends, my sincere advice is go for premium.....don't go for normal processing .......p
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surabhi
05-28 10:23 AM
It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date
see page 2 in the following link
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
relevant text is reproduced here
Second, the Ombudsman recommended that USCIS issue Employment Authorization
Documents valid as of the date any previoua EAD expires.
USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.
Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.
Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.
Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
progress on this front.
see page 2 in the following link
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
relevant text is reproduced here
Second, the Ombudsman recommended that USCIS issue Employment Authorization
Documents valid as of the date any previoua EAD expires.
USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.
Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.
Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.
Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
progress on this front.
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bluez25
08-23 01:59 PM
Thanks and appreciate closing the other duplicate thread paskal. I wasnt sure about which categorty should I put this torture story.
Keep up the good work..
Keep up the good work..
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clockwork
09-06 09:42 AM
3. Internal memo in USCIS not made public about holding visas for EB3 India etc.
Hey,
Can you explain what do you mean by holding visa for EB3 India?
Thanks -
Hey,
Can you explain what do you mean by holding visa for EB3 India?
Thanks -
more...
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spbpsg
08-07 10:27 AM
This thread brought me same laughter as what I had yesterday after reading Lion-Monkey visa joke is another thread 'Lighthen up'. When this thread owner is accepting his mistake then there is no need to embarrass him more.
Guys take is light...
Guys take is light...
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ujjvalkoul
03-05 01:23 PM
copy of current employment letter and future job offer...Does this has to be with same company...OR...
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
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honeyB
01-23 04:42 PM
bump
srikondoji
07-27 02:20 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
LostInGCProcess
11-26 10:43 AM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
You are right. For approved labor (or pending more then a year, which is rare these days), pending more then a year, and if I-140 is still pending, you get H1 for 1 year. With approved I-140, you get 3 year extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
You are right. For approved labor (or pending more then a year, which is rare these days), pending more then a year, and if I-140 is still pending, you get H1 for 1 year. With approved I-140, you get 3 year extension.
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