summitpointe
04-09 01:06 PM
If I work on EAD and do not get the EAD card before it gets expires, do I need to inform my employer about the status. If I inform them they will be removing my name from the payroll and it will be hard to include it again. It is like my job getting terminated.
wallpaper Batman Wallpaper
gemini23
11-19 09:21 AM
Thanks Wandmaker,
my question was if my visa page has expire visa stamp, is that okay to send them a copy of that. will it impact my ead approval?
gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee
my question was if my visa page has expire visa stamp, is that okay to send them a copy of that. will it impact my ead approval?
gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee
India_USA
10-20 09:44 AM
Is this from NSC or TSC? Also, did your attorney include your diploma with your B.Sc to equivate it to a 4 year degree at any point during the filing of the I-140?
If your diploma is accredited with a recognized university - you should be fine.
If your diploma is accredited with a recognized university - you should be fine.
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inskrish
04-18 09:42 PM
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
more...
neel_gump
05-12 03:20 PM
Security Checks : How and Why
The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.
Background on Security Checks
All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.
Why Security Checks are Conducted
The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.
We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.
How Security Checks Work
The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.
IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.
FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.
Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.
FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.
Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.
Conclusion
The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.
We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.
The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.
Background on Security Checks
All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.
Why Security Checks are Conducted
The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.
We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.
How Security Checks Work
The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.
IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.
FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.
Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.
FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.
Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.
Conclusion
The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.
We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.
Prashant
01-22 07:30 PM
Thank you IV,
I really appreciate u folks whatever be the outcome ....
Thank you once again.
I really appreciate u folks whatever be the outcome ....
Thank you once again.
more...
Hassan11
04-15 09:55 AM
I just gave you some green. Thanks
Paper filing is best. AP got approved in 40 days from NSC.
Paper filing is best. AP got approved in 40 days from NSC.
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resident1374
01-29 10:54 AM
Thank you for your reply!
My H1B is with the same employer for whom I have been authorized to work. I have never changed employers - have been with the same employer since 2002. My current H1B is valid till May 2011.
Well, hopefully my AOS will be approved.
Can you please tell how long should I wait before contacting USCIS (Infopass) with regards to the status of my case? 30 days? 45 days?
In case this get denied - should I refile or appeal? The IO had told me that I can re-file if it gets denied due to abandonment. Will re-filing create any problems?
Again, thanks a lot for taking time and replying to my earlier question!
Thomson
My H1B is with the same employer for whom I have been authorized to work. I have never changed employers - have been with the same employer since 2002. My current H1B is valid till May 2011.
Well, hopefully my AOS will be approved.
Can you please tell how long should I wait before contacting USCIS (Infopass) with regards to the status of my case? 30 days? 45 days?
In case this get denied - should I refile or appeal? The IO had told me that I can re-file if it gets denied due to abandonment. Will re-filing create any problems?
Again, thanks a lot for taking time and replying to my earlier question!
Thomson
more...
regacct
12-20 08:26 AM
If we are not ready to speak up and say we have a problem to the people that matter (lawmakers, media) - why would they assume a problem exists?
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Waitingnvain
09-07 09:07 AM
Irrelevant
more...
Aah_GC
10-26 03:15 PM
I wonder why she would have to get her H4 stamped? If she has an EAD and the AP - she should just use that. Isn't AP meant just for that? - To ignore the stamping hassle and just return safe.
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krithi
02-04 07:03 PM
Hello Gali,
Im also using rahul reddy in houston, but its very tough to find an answer from him, did u had the same problem.
thnx,
krithi
Im also using rahul reddy in houston, but its very tough to find an answer from him, did u had the same problem.
thnx,
krithi
more...
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glores1970
09-20 01:10 PM
Hello,
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
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noone2day78
07-19 08:58 AM
Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.
Hi Pappu,
I joined this forum in beginning of July and really have benefited big time with the wealth of information here...Hats of to you all for all the great work and recent accomplishments.
I have a question, that I haven't yet found an answer to...was wondering if you could help me out here...
If dependant is already on h1b (applied 485 through spouse as primary) and switches to ead, can the dependant get back to h1b incase primary applicants 485 is rejected / held up for a long time?
Hi Pappu,
I joined this forum in beginning of July and really have benefited big time with the wealth of information here...Hats of to you all for all the great work and recent accomplishments.
I have a question, that I haven't yet found an answer to...was wondering if you could help me out here...
If dependant is already on h1b (applied 485 through spouse as primary) and switches to ead, can the dependant get back to h1b incase primary applicants 485 is rejected / held up for a long time?
more...
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ss2005
06-17 04:12 PM
Hi GCCovet,
Thank you.
I did H1 transfer and notified USCIS abt my new job.
My old guy is not going to revoke it and also agreed to use the same attorney.
Thank you.
I did H1 transfer and notified USCIS abt my new job.
My old guy is not going to revoke it and also agreed to use the same attorney.
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rahulpaper
01-09 08:38 PM
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
Thats interesting...will this new law cover agreement signed before 2007?
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
Thats interesting...will this new law cover agreement signed before 2007?
more...
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lacrossegc
07-30 04:54 PM
It seems that USCIS posted new versions of I765 dated (07/30/2007)N.
Looks like it is a required form and older versions are not accepted....!!!!!
:mad: :mad: :mad: :mad:
Disgusting .... I hope that USCIS issues a statement and allows for people who have already submitted or ready to submit before Aug 17th to use old forms
Filing Fee :
$340
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.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
Looks like it is a required form and older versions are not accepted....!!!!!
:mad: :mad: :mad: :mad:
Disgusting .... I hope that USCIS issues a statement and allows for people who have already submitted or ready to submit before Aug 17th to use old forms
Filing Fee :
$340
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.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
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bkn96
11-25 12:25 PM
hi kprgroup,
congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.
I left PM to you.
congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.
I left PM to you.
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ImmigrationAnswerMan
07-19 01:09 AM
Yes, but if you file them both at the same time it gets complicated controlling which one will be the final status you end up in.
It is probably better to file for one, with premium processing, and then if it is denies, file for the other. But, that may not be an option if you are running out of time on your I-94.
It is probably better to file for one, with premium processing, and then if it is denies, file for the other. But, that may not be an option if you are running out of time on your I-94.
fcres
08-10 01:25 PM
Did any one get an RFE to prove educational qualifications for EB3.
I did. And i think its because my lawyer didn't include my degree evaluation. Once we sent that i got approval immediately.
I did. And i think its because my lawyer didn't include my degree evaluation. Once we sent that i got approval immediately.
chi_shark
12-03 04:28 PM
Hopefully your attitude is a little better towards actual potential customers, who are business people, who need marketing help in the specific industry that you are in.
o lord! right back at you! thanks for your concern...
o lord! right back at you! thanks for your concern...
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