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I actually spoke to Customer service and I got 2 very different responses.

1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

Best is to check with the guys/gals at Infopass -meeting.

All this was from the rep at the TSC - so not sure if this is applicable to all centers.

AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

I will post my Infoapss exp on the 9th of september.

Even I submitted my application to NSC later it got transferred to TSC
My receipt number starts with WAC-XX-XXX-XXXX
How about yours...

I was just wondering are they holding card of WAC..?

she can say whatever. the courts have to agree.

if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.

not that the constitution was against slavery.


H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.

Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,

If USCIS denies GC for security reasons, you cant sue them.

Dear Mr. President:

This email is to register a strong protect against the visa bulletin released for Jun-09. In the tough time of 2009 that USA is facing, you are trying to do everything you can to protect the futures of the citizens of your country and I admire you for that. I would also like to point out that the visa bulletin pushes back dates for EB2 Indians to Jan-00 which virtually means no green card for Indians unless they are in EB1 category. I have spent almost 9 years in this country, legally. In 2005, I initiated the process for green card through EB immigration. While many others from different countries such as Europe, Asia and also China came here much after I have and contributed less than I have, they have gotten their green cards much sooner than I have and some of them have even become citizens. When I say I, a lot of my fellow citizens also face this unjust separate queue for Indians.

Please help me understand as to how someone from country A having a longer queue than country B coupled with an indefinite time wait is a fair and equitable treatment?

I understand that you feel sensitive to protect jobs of Americans in these tough economic times, however; it is beyond comprehension that while citizens of all other countries are being welcomed with no wait for green card in employment based category that there are virtually no green cards left for any Indian, even for those who have stayed here longest.

My message may or may not ever reach you but, I wanted to register a strong protest against unjust treatment meted out to me in the area of immigration.


Sincerely,

kshitijnt,

I know you mean well and trying to do something. But, please do not send this letter.
The purpose of this letter is to impress the person you are sending this to. You do not do that by protesting and complaining. Your letter need to be professional, courteous and grammatically correct and pleasant to read. Remember, the purpose is to impress and sell your point of view to President himself. Poorly drafted letter may actually have a negative impact, especially when we are claiming ourselves as skilled professionals.
Achoo makes good points in other post. This is not to insult you and I know English is not our first language and most of us struggle with it including myself. But we should make an effort to get this right.

So, we're back to the semantics. We need USCIS/DOL definitions of "permanent" and "legitimate"--not the definition just for educators/tenured teaching positions, as desi3933 gave. If we don't have the definitions, we can/can't assume anything/everything. Therefore, self-employment in same/similar occupation, with a *projected* cash flow, should be classified as "FT, permanent."

You are wrong, again!. ;)

I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.

.

FOIA may be. Btw can you add a poll to this thread to see forum support?

Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.

There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).

I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.

BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
As far as i heard TSC is the fastest man. NSC is the snail...

Guys,


I am in the process of applying for EAD renewal. I have few questions:

On the I-765 form,

Q.11 if applied for EAD before , complete below.
But there is nothing below other than your signature and date. It does not ask you of previous EAD information. What does "complete below" means?

Q.16 The Eligibility here would (c) (9) for I-485 applications correct?

Where do I mail this application . My AOS is pending at TSC.

Thanks.

You need I765 instructions:
www.uscis.gov/files/form/I-765instr.pdf

BTW, this thread is for those who already paper filed to Texas, your Q should have been in some other thread.

.....
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.

Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?


Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf



.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?

AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.

Do not confuse existing H-1B job with future GC job.

H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says

The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.

On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)

For those who got approvals,

Were there any RFEs regarding birth certificates in the cases where an affidavit was submitted initially?

I submitted birth affidavit with my application, PD 24/March/06, goes current from 1/Sep.

I understand from my parents that it takes good effort and may take long time to get the birth certificate. It will be a great help if you can share your experience.

Thank you.

Guys and gals when you email people and talk to people of the media etc please stress "LEGAL IMMIGRATION". I've been reading a few messages of late that open with "immigration" but only start talking about legal immigration a few paragraphs later. Please stress "LEGAL" everytime you mention the word "immigration". Thanks.

Please Contribute To The Funding Drive. Please Paste Your Contributions On The Funding Drive Thread So Iv Can Keep Count

Please correct the following typo.

Instead of "my contribution..." (by the way it is continuing), please read "by contribution....."

I am uanble to keep pace with my thoughts and finger typing...and I have no patience to check typos....

Sorry for the inconvenience.

---
Just came back, here is my report:

- There were five Chinese and seven Indian people at the march. It was small fun group.
- The group was small but the outcome as you will note from my report below was productive
- Fighnow, who is the Chinese member of mittb.com had initiated this 7th July march, because of the short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
- Fightnow, and his friends were fully prepared with big banners and all, with appropriate slogans
- In the beginning there was some police presence but they left an hour later, I guess because of a small group
- We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
- Luckily a Chinese TV station happen to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
- The parking is free on weekends.
----------------------
What we need to do is:
- Organize a bigger march on 14th July
- Organize a similar event in DC if possible so get more mileage
- Prepare some banners and placards etc.
- Bring water, it was warm
- Have fun
-----------------
Let me know if you have any questions or suggestions

All kudos to you guys. Hope we can organize a bigger rally in DC sometime soon. Time to come on the roads now. People needs to know.

its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.

Its our fate


L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer

I think it's tough for anyone to predict exact EB3 -> EB2 porting for this year at this point in time....It's definitely going to increase every year...unless some rule changes...It was pretty clear even before this lawyer posted that EB2 will have no or very slow movement without any spillover...

My wife's EAD is still Pending. I got my physical card on 9/11. We applied on same day.

ND: 07/25
TSC

EB3_SEP04

no for my I-485

Thanks balakishore !!!

All you need to do now is pledge an amount. Just write down a reply to this message what you would like to contribute.

We are working on how to arrange for the payout. Once we figure that out, everybody in the thred will be informed.


Could some one please tell me on how to contribute for this issue ?

I am ready to contribute a little.

I hope everybody will contribute a little, so that AMAN will come out of this issue.

--Balakishore

( Contributed $100 till today )

i-140 Approved by NSC

If Democrats win CIR will be passed including relief for legals. But since USCIS will be deluged with (no surprise - no money to tackle the load) it will be an "unofficial retrogression" which Texas service center has always had. A lot of people with 01 and 02 priority dates were "current" for a long time, then it was incompetance and delays at TSC, later it was retrogression.

If republicans win (slim chance they will hold on to the majority in both house and senate assuming Foley scandal does not cause much more damage) then CIR is in the waste basket. Though Agjobs will come back because labor shortage is causing havoc on fruit farms and fruit is rotting on trees. Skill bill is guarenteed, but very little legalization for illegals.

Some people here seem to have a lot of hopes on the Democrats. But the proceedings of the CIR bill showed likes of senators from ND (which by no stretch of mind is affected by illegals!), CA (Diane), IL (Obama) how much they were against legal immigration. Other than Cornyn and to some extent Specter I did not see much sympathy for the legal immigrants. Even the Hispanics have realized Obama is against legalization and are now reconsidering support for him.

As to some ones request to remove posts critical of one or the other political party - as long as the discussion is civil, there is nothing wrong in analyzing the situation and predicting the future. If anything, those Democrats who are subtly anti-legal immigration will realize they are drawing new immigrants (who are traditionally democratic at least initially) in the arms of republicans.

Contributed $100.00
Transaction # 2S237431VK1821121

Will contribute more.