lazycis
12-06 07:55 PM
Has anybody filed lawsuit against uscis for EAD delays till now ? And what is the process for this, do we need a lawyer ?
You do not need a lawyer, I can guide you thru the process :) Yes, I know a few cases where plaintiff requested court to force the USCIS to issue EAD. Some people were waiting more than a year! Those cases were usually bundled with I-485 WoM. One case is well-known class action lawsuit Ngwanyia v.Ashcroft, No.02-CV-502 (D.Minn.). Government promised to issue EAD within 100 days for the class.
http://www.ailf.org/lac/lac_020905.pdf
However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.
You do not need a lawyer, I can guide you thru the process :) Yes, I know a few cases where plaintiff requested court to force the USCIS to issue EAD. Some people were waiting more than a year! Those cases were usually bundled with I-485 WoM. One case is well-known class action lawsuit Ngwanyia v.Ashcroft, No.02-CV-502 (D.Minn.). Government promised to issue EAD within 100 days for the class.
http://www.ailf.org/lac/lac_020905.pdf
However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.
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cram
08-22 10:14 PM
Anybody???
terriblething
06-12 12:44 PM
Thanks for your suggestion! Buddy.
We will try to request a court interpreter.
I am sure the jury will say that you are not guilty if your wife supports your side of the story. Remember, the verdict should be unanimous. So go for jury trial and request a court interpreter to make sure there is no language barrier.
We will try to request a court interpreter.
I am sure the jury will say that you are not guilty if your wife supports your side of the story. Remember, the verdict should be unanimous. So go for jury trial and request a court interpreter to make sure there is no language barrier.
2011 Love/hate Quotes
nandakumar
05-11 12:08 PM
Even though i hope for the best but my least expectaion is to allow us to file 485 even without PD being current and exempt the family members to be included in the GC count.
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vine93
07-15 02:21 AM
When I start shopping for Life insurance. I asked for written from insurance .
1. If I moved permanently to India , will it be applicable there too. Yes
2. H1 candidate eligible. Yes
only NYlife given me in written. rest of them didn't give in written. metlife I didn't try.
I have 20 yr term disability and termlife insurance also.They added $52 for disability.
few of them told me yes verbally but hesitate to give in written.
1. If I moved permanently to India , will it be applicable there too. Yes
2. H1 candidate eligible. Yes
only NYlife given me in written. rest of them didn't give in written. metlife I didn't try.
I have 20 yr term disability and termlife insurance also.They added $52 for disability.
few of them told me yes verbally but hesitate to give in written.
Jimi_Hendrix
10-23 11:25 AM
I will see you folks after the elections.
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dilipb
06-23 11:23 PM
While I Wrote The Check For Ead Renewal
I Wrote It To Department Of Homeland Security And Not
Us Deparment Of Homeland Security
Is It A Big Problem
USCIS people are too loaded with work to start rejecting applications for such trivial matters.
The instructions say this "NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS.""
You have written the most important words, atleast u did not abbreviate!
Also remember there is NO OTHER "department of homeland security" in the world. Check has gone to USCIS office. They know u mean US, even if u did not write it.
So I am confident that their banks will cash your check. Keep a watch on your bank online. Texas cashed our checks in 7 days and also sent receipt. Dont know how Nebraska is doing. Call USCIS in 1-2 weeks if they did not cash checks.
Worst case they will send the application back. You can then quickly fix the check and resend application. Hopefully if you have applied in time, then a delay of 1-2 weeks does not matter.
I Wrote It To Department Of Homeland Security And Not
Us Deparment Of Homeland Security
Is It A Big Problem
USCIS people are too loaded with work to start rejecting applications for such trivial matters.
The instructions say this "NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS.""
You have written the most important words, atleast u did not abbreviate!
Also remember there is NO OTHER "department of homeland security" in the world. Check has gone to USCIS office. They know u mean US, even if u did not write it.
So I am confident that their banks will cash your check. Keep a watch on your bank online. Texas cashed our checks in 7 days and also sent receipt. Dont know how Nebraska is doing. Call USCIS in 1-2 weeks if they did not cash checks.
Worst case they will send the application back. You can then quickly fix the check and resend application. Hopefully if you have applied in time, then a delay of 1-2 weeks does not matter.
2010 “They do not love
GoneSouth
07-08 02:42 PM
Thought I'd offer an alternate view on the AC21 letters. I switched jobs after my I-485 had been pending 180 days, and my attorneys advised me to NOT send in an AC21 letter. They said, "Chances are, you will not get an RFE, and if you do, you can send in the AC21 letter at that time. If you do send in an AC21 letter, you will definitely get an RFE". These attorneys had always given me excellent advice in the past, so I have not submitted an AC21 letter.
- GS
- GS
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ivdude
10-02 04:28 PM
looivy,
I agree we should write to Indian Ambassador about this idiotic policy, also we should send out to media.
Thanks for the template
I agree we should write to Indian Ambassador about this idiotic policy, also we should send out to media.
Thanks for the template
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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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narendra_modi
05-07 12:56 PM
would be more than happy to participate in such an effort. I will be driving upto MD and will be there by train alongwith friends..go IV go..
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gg_ny
10-12 03:48 PM
Usually not more than IT people on average.
Physicians trying to push for a Medicare pay increase during the lame duck session. Aren't they getting paid more than enuf :mad:
Physicians trying to push for a Medicare pay increase during the lame duck session. Aren't they getting paid more than enuf :mad:
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gcformeornot
08-15 09:42 AM
IO looks suspiciously at Interview. May ask uncomfortable questions.
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scorpion00
06-03 11:23 AM
Guess what....Our friend Roy Beck is giving his side of the story.
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pappu
10-11 11:27 AM
will be glad to email, but so that all of us are consistent in our request, can you highlight what we are specifically asking for in lame duck session:
Is it SKIL bill, increase in visa numbers, or something else?
While we dont want to sound repetitive, it will help if we are all asking for the same two or three things.
do you think it will be helpful to have a generic draft of the email to send, which can be modified or not by each person sending it?
You can talk about how us competiveness is being affcteted.
quote February 2006 Economic Report of the President on IV homepage
basicall the first paragraph of IV site has info--
"Skilled workers are a small minority of U.S. legal immigrants. Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Greater productivity growth improves the standard of living for the U.S. population as a whole. Skilled immigrants not only contribute to the innovation process themselves, they also help train our own future innovators, thus ensuring the competitiveness of future generations"
You can talk abouty skil bill how it will help us innovation and also talk about retrogression and how 485 filing even if visa numbers are not available and recapture of unused green cards during the past years will help improve the quality of life for high skilled immigrants (engineers, doctors, professors, scientists, teachers etc). some information is here
http://immigrationvoice.org/index.php?option=com_content&task=view&id=71&Itemid=36 do not forget to mention IV name for more information.
nycgal369 if you could help draft a format on this thread and everyone could use it (with modification). Your help will be very valuable for everyone.
Is it SKIL bill, increase in visa numbers, or something else?
While we dont want to sound repetitive, it will help if we are all asking for the same two or three things.
do you think it will be helpful to have a generic draft of the email to send, which can be modified or not by each person sending it?
You can talk about how us competiveness is being affcteted.
quote February 2006 Economic Report of the President on IV homepage
basicall the first paragraph of IV site has info--
"Skilled workers are a small minority of U.S. legal immigrants. Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Greater productivity growth improves the standard of living for the U.S. population as a whole. Skilled immigrants not only contribute to the innovation process themselves, they also help train our own future innovators, thus ensuring the competitiveness of future generations"
You can talk abouty skil bill how it will help us innovation and also talk about retrogression and how 485 filing even if visa numbers are not available and recapture of unused green cards during the past years will help improve the quality of life for high skilled immigrants (engineers, doctors, professors, scientists, teachers etc). some information is here
http://immigrationvoice.org/index.php?option=com_content&task=view&id=71&Itemid=36 do not forget to mention IV name for more information.
nycgal369 if you could help draft a format on this thread and everyone could use it (with modification). Your help will be very valuable for everyone.
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abhisec
11-04 06:15 PM
Recently transferred money from an HDFC acct in India to a Bank of America account. Abt $25 wiring charges. And you can transfer upto 100k. :)
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Raju
02-15 04:14 PM
Admin,
Is it possible to have some advertisements on the webiste and collect money from the ads. Just a thought! e.g make my trip etc...
Is it possible to have some advertisements on the webiste and collect money from the ads. Just a thought! e.g make my trip etc...
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krishmunn
05-10 09:21 AM
I feel sorry for the people who live in slums of dharavi but not for people who should not have been in the US in the first place (based on their education) and are now finding ways to get ahead of the legit EB2 candidates by buying masters degrees.
They are NOT buying MS, they are inquiring where the fees are cheaper. If this is buying MS, even you *bought* your Masters (and every other degree) unless you are from the 1% who get full scholarship (you would definitely have been in EB1 had you been in that layer).
They are NOT buying MS, they are inquiring where the fees are cheaper. If this is buying MS, even you *bought* your Masters (and every other degree) unless you are from the 1% who get full scholarship (you would definitely have been in EB1 had you been in that layer).
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shana04
02-23 01:51 PM
Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21.
Chandu, my question is not whether HR dept can handle it properly or not.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
Chandu, my question is not whether HR dept can handle it properly or not.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
waitnwatch
04-26 10:27 AM
This is absolutely fantastic. An article on the frontpage of Washington Post dedicated to IV. I'm sure the opponents must be cringing in their seats and biting their finger nails.
We sure do need more members to contribute to sustain this level of intense involvement.
We sure do need more members to contribute to sustain this level of intense involvement.
prem_goel
08-02 04:04 PM
well there will always be certain exceptions everywhere....Michael Aytes did mention it publicly when he testified before congress in his document below
http://www.uscis.gov/files/article/I...as_30Apr08.pdf
he does mention that all these applications will be pre-adjudicated just short of visa number. So officially in my opinion they will not go back to these applications unless there is an exceptional condition which makes them do it. I can safely say that broadly it's not gonna happen.
http://www.uscis.gov/files/article/I...as_30Apr08.pdf
he does mention that all these applications will be pre-adjudicated just short of visa number. So officially in my opinion they will not go back to these applications unless there is an exceptional condition which makes them do it. I can safely say that broadly it's not gonna happen.
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