vamsi_poondla
01-19 01:17 PM
Thank you for correcting. I was under the impression that most of the folks were pre-July 2007 filers (retro effective fees until Aug 17th ruling given by CIS). So I thought all impacted by June and July bulletins will be paying a lot without the admin fixes. And the whole hassle of renewals every year. Just cant imagine that we are in a developed country with such silly rules and all. This country needs immigrants now more than ever...People like us who can act, change and move things in a pragmatic way...
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
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.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
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.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
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a_yaja
07-25 12:26 PM
Hi,
may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.
my parents name, date of birth ,date of place are there in the birth certificate.
filed I485 in late june. I guess they might send RFE.
Thank u
regards
ahnewgc
You need affidavit from parents. My lawyer addressed this specific case for people born in India and said that in this case, two affidavits are required (although non-availability certificate is not required).
may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.
my parents name, date of birth ,date of place are there in the birth certificate.
filed I485 in late june. I guess they might send RFE.
Thank u
regards
ahnewgc
You need affidavit from parents. My lawyer addressed this specific case for people born in India and said that in this case, two affidavits are required (although non-availability certificate is not required).
bestia
07-20 02:37 AM
I think another argument would be to request a statistics of how many actual terrorists or big criminals FBI caught during that "name check" process. Why would a terrorist apply for LC/I-140/I-485, go to FP, sit at the same address for years, provide his true identity and real (not fake) documents, and wait while FBI will check his name? And then he will sit and wait until FBI will knock his door? Did FBI catch at least ONE person during that process?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
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vikki76
06-17 03:40 PM
Thanks a lot for informative reply. Good to know that you are not the only one battling choices in this GC maze
more...
Bpositive
04-02 09:37 PM
there is usually a respond by date on the RFE. In my case it was slightly beyond 12 weeks....
gc_chahiye
11-04 11:26 PM
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
unfortunately under current laws/regulations the dependent can only file when the PD of the primary applicant is current. So you'll need to wait for your PD to become current again to be able to file your wife's petition.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
unfortunately under current laws/regulations the dependent can only file when the PD of the primary applicant is current. So you'll need to wait for your PD to become current again to be able to file your wife's petition.
more...
gk_2000
08-29 01:25 AM
Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.
I was so busy worrying I don't have proper shoe, that I didn't notice a person pass by with no leg
I was so busy worrying I don't have proper shoe, that I didn't notice a person pass by with no leg
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sodh
07-27 05:03 PM
And one more thing notarize the request, its not neccesary,but its better to be safe.
more...
bitzbytz
12-05 02:36 PM
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
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kentsubra
10-10 12:06 PM
i filed for me and my wife through the lawyer on july 6th at NSC. I did not and havent received a receipt; however, 2 days ago we both received the EAD card (no AP yet) through the mail. I THEN went and checked the status online, and there it said cards had been ordered for processing.
Also, it turns out my lawyer had received the receipt notice on Sept. 18th, but i didnt.
Hope you get yours soon.
Also, it turns out my lawyer had received the receipt notice on Sept. 18th, but i didnt.
Hope you get yours soon.
more...
frostrated
07-06 03:33 PM
Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.
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Blog Feeds
06-25 01:20 AM
VIA USCIS
Introduction
U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.* The proposal, posted to the*Federal Register (http://edocket.access.gpo.gov/2010/2010-13991.htm)*on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.
Background
USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits.* The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities.* This proposed rule results from a comprehensive fee review begun in 2009.*********
USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low.* While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue.* A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.*
Highlights of 2010 Proposed Fee Rule
The proposed fee rule would increase the average application and petition fees by approximately 10 percent.
Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased.
The proposed rule would establish three new fees for:
Regional center designation under the Immigrant Investor Pilot Program (EB-5);
Individuals seeking civil surgeon designation; and
Recovery of the cost of processing immigrant visas granted by the Department of State.
The rule also proposes to adjust fees for the premium processing service.* This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.
The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs:
Petition for Alien Fianc� (Form I-129F);
Application to Extend/Change Nonimmigrant Status (Form I-539);
Application to Adjust Status From Temporary To Permanent Resident (Form I-698);
Application for Family Unity Benefits (Form I-817); and
Application for Replacement Naturalization/Citizenship Document (Form N-565).*
Current and Proposed Immigration Fees
Application/Petition Description*
Current Fees*
Proposed Fees
I-90 Application to Replace Permanent Resident Card
$290
$365
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129 Petition for a Nonimmigrant worker $320 $325 I-129F Petition for Alien Fiance(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er) or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 *$290 I-600/600A Orphan Petitions $670 $720 I-687 Application for Status as a Temporary Resident $710 $1,130 I-690 Application for Waiver on Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision $545 $755 I-698 Application to Adjust Status From Temporary to Permanent Resident $1,370 $1,020 I-751 Petition to Remove Conditions on Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 Civil Surgeon Designation* *$0** $615 I-924 Application for Regional Center Under the Immigrant Investor Pilot Program *$0 $6,230 N-300 Application to File Declaration of Intention* $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/N-600K Naturalization Certificate Applications $460 *$600 Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) $545 $585 Immigrant Visa* $0 $165 Biometric Services $80 $85
Last updated:06/09/2010
More... (http://ashwinsharma.com/2010/06/24/uscis-seeks-public-comment-on-proposal-to-adjust-fees-for-immigration-benefits-fact-sheet.aspx?ref=rss)
Introduction
U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.* The proposal, posted to the*Federal Register (http://edocket.access.gpo.gov/2010/2010-13991.htm)*on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.
Background
USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits.* The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities.* This proposed rule results from a comprehensive fee review begun in 2009.*********
USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low.* While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue.* A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.*
Highlights of 2010 Proposed Fee Rule
The proposed fee rule would increase the average application and petition fees by approximately 10 percent.
Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased.
The proposed rule would establish three new fees for:
Regional center designation under the Immigrant Investor Pilot Program (EB-5);
Individuals seeking civil surgeon designation; and
Recovery of the cost of processing immigrant visas granted by the Department of State.
The rule also proposes to adjust fees for the premium processing service.* This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.
The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs:
Petition for Alien Fianc� (Form I-129F);
Application to Extend/Change Nonimmigrant Status (Form I-539);
Application to Adjust Status From Temporary To Permanent Resident (Form I-698);
Application for Family Unity Benefits (Form I-817); and
Application for Replacement Naturalization/Citizenship Document (Form N-565).*
Current and Proposed Immigration Fees
Application/Petition Description*
Current Fees*
Proposed Fees
I-90 Application to Replace Permanent Resident Card
$290
$365
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129 Petition for a Nonimmigrant worker $320 $325 I-129F Petition for Alien Fiance(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er) or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 *$290 I-600/600A Orphan Petitions $670 $720 I-687 Application for Status as a Temporary Resident $710 $1,130 I-690 Application for Waiver on Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision $545 $755 I-698 Application to Adjust Status From Temporary to Permanent Resident $1,370 $1,020 I-751 Petition to Remove Conditions on Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 Civil Surgeon Designation* *$0** $615 I-924 Application for Regional Center Under the Immigrant Investor Pilot Program *$0 $6,230 N-300 Application to File Declaration of Intention* $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/N-600K Naturalization Certificate Applications $460 *$600 Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) $545 $585 Immigrant Visa* $0 $165 Biometric Services $80 $85
Last updated:06/09/2010
More... (http://ashwinsharma.com/2010/06/24/uscis-seeks-public-comment-on-proposal-to-adjust-fees-for-immigration-benefits-fact-sheet.aspx?ref=rss)
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willigetagc
08-11 11:36 PM
that makes it tough.... Check with your lawyers. I presume your BC also mentions the name of the hospital where you were born.
If it does'nt then get an affidavit from your parents saying you were born at home and your BC was registered incorrectly. If it does, I dunno what to do....
Also, ask your parents to consult a lawyer in India and see if BC can be corrected through other means.
If it does'nt then get an affidavit from your parents saying you were born at home and your BC was registered incorrectly. If it does, I dunno what to do....
Also, ask your parents to consult a lawyer in India and see if BC can be corrected through other means.
tattoo Le Male-Jean Paul Gaultier
Blog Feeds
04-28 08:40 AM
Utah, a state that already has tough immigration laws, is considering following Arizona off the cliff.
More... (http://blogs.ilw.com/gregsiskind/2010/04/utah-considering-arizonastyle-immigration-law.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/utah-considering-arizonastyle-immigration-law.html)
more...
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sonia_sd
02-11 09:11 PM
Please forward this to everyone who are in the queue
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Jaime
09-05 03:51 PM
Please visit this site http://www.immigration-law.com/Canada.html . You will see that STRIVE bill is about to be introduced in both houses. Also notice that this bill is a bipartisan bill with Democrats in the lead. This increase chances of its success.
Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
In simple terms, priority dates will become current as soon as the bill passes.
Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven�t decided yet. Category �C� are the ones that need to be convinced to vote in favor of the bill.
One of the goals of the Sep 18th rally is to meet with the category �c� lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.
So think and act�.
Excellent points! All the more reason to attend the DC rally on the 18th!
Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
In simple terms, priority dates will become current as soon as the bill passes.
Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven�t decided yet. Category �C� are the ones that need to be convinced to vote in favor of the bill.
One of the goals of the Sep 18th rally is to meet with the category �c� lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.
So think and act�.
Excellent points! All the more reason to attend the DC rally on the 18th!
more...
makeup Jean Paul Gaultier Le Male
sin94
06-30 06:16 PM
I had an appointment on the 9th but have not received any cancellation notice yet. I am in NJ and would request if people can mention for which USCIS location were the fingerprinting appointments for?
This would be my 2nd fingerprinting appointment. The first one in 07 costed us money and messed up my vacation when our laywers said not to miss it.
Its not like I grown new fingers already!
This would be my 2nd fingerprinting appointment. The first one in 07 costed us money and messed up my vacation when our laywers said not to miss it.
Its not like I grown new fingers already!
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gdhiren
05-08 10:24 AM
There is nothing to be afraid of. I don't think they will even ask where you work. Just talk about Employment based GC retrogression problem and Immigration Voice. They are not interested in hunting down you or your company.
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serg
10-31 11:21 AM
...If USCIS takes more than 3 months to renew your EAD, you could visit the nearest USCIS field office and request for an interim EAD after you have accrued 90 days of filing EAD renewal....
Didn't they stopped issuing interim EADs half an year ago?
Didn't they stopped issuing interim EADs half an year ago?
leonqiu
06-14 09:06 PM
What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.
looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.
Status:
PD: May 2006
I-140 approved.
EB-2
looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.
Status:
PD: May 2006
I-140 approved.
EB-2
Karthikthiru
07-21 05:39 PM
The best thing to do in your case is to contact the local congress men or one of your Senator
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