bluekayal
07-13 03:28 PM
Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.
wallpaper 2012 Jeep Grand Cherokee
arunmohan
07-14 02:20 AM
Congratulation Mr. Sharma for your GC after long wait. I support the idea of Keeme.
rvurady14
06-01 11:31 AM
Done.
2011 2010 Jeep Grand Cherokee
PD_Dec2002
05-29 04:07 PM
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
more...
PG75
09-29 11:33 PM
Hi folks,
Need some help.
During e-filing of AP, certify page has a TITLE field. Any ideas what needs to be filled in it ?
I am filing I-131 for myself and spouse.
Thanks
Need some help.
During e-filing of AP, certify page has a TITLE field. Any ideas what needs to be filled in it ?
I am filing I-131 for myself and spouse.
Thanks
mblueocean
07-07 03:46 AM
http://www.nytimes.com/2007/07/06/us/06visa.html?ex=1341460800&en=5049edb808b4b9dd&ei=5124&partner=permalink&exprod=permalink
One way to get media attention is digg this article. Its already on the first page we need lot more diggs to make it topmost.
http://digg.com/politics/Highly_Skilled_Immigrants_fightback_against_unfair _immigration_practices
One way to get media attention is digg this article. Its already on the first page we need lot more diggs to make it topmost.
http://digg.com/politics/Highly_Skilled_Immigrants_fightback_against_unfair _immigration_practices
more...
kaisersose
08-24 10:42 AM
I still don't get it. There are around 300k AOS applications now pending. Given that there are only 10k EB based green cards for India, and I am sure there are more applications than 10k for FY2008 and still Visa bulletin for Oct indicates a date of Apr 2004. Should it not be "U" for the entire FY2008?
No.
There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.
No.
There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.
2010 interior - 2005 jeep grand
anilsal
07-20 11:00 PM
Please use this thread to track your NSC EADs (e-filed). ****No Paper based filing details here****
* Please do not ask questions about your case.
* Only E-Filings should be tracked on this thread. Please use the other tracker threads.
* Provide details about your filing date, FP notice, FP, RFEs and approval dates here.
Additionally, do consider the "High Five" Campaign.
http://immigrationvoice.org/forum/showthread.php?t=20183
Other Trackers:
NSC EAD Paper: http://immigrationvoice.org/forum/showthread.php?t=20345 (http://immigrationvoice.org/forum/showthread.php?t=20344)
TSC EAD E-File: http://immigrationvoice.org/forum/sh...ad.php?t=20346 (http://immigrationvoice.org/forum/showthread.php?t=20346)
TSC EAD Paper: http://immigrationvoice.org/forum/sh...ad.php?t=20347 (http://immigrationvoice.org/forum/showthread.php?t=20347)
NSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20349 (http://immigrationvoice.org/forum/showthread.php?t=20349)
TSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20348 (http://immigrationvoice.org/forum/showthread.php?t=20348)
* Please do not ask questions about your case.
* Only E-Filings should be tracked on this thread. Please use the other tracker threads.
* Provide details about your filing date, FP notice, FP, RFEs and approval dates here.
Additionally, do consider the "High Five" Campaign.
http://immigrationvoice.org/forum/showthread.php?t=20183
Other Trackers:
NSC EAD Paper: http://immigrationvoice.org/forum/showthread.php?t=20345 (http://immigrationvoice.org/forum/showthread.php?t=20344)
TSC EAD E-File: http://immigrationvoice.org/forum/sh...ad.php?t=20346 (http://immigrationvoice.org/forum/showthread.php?t=20346)
TSC EAD Paper: http://immigrationvoice.org/forum/sh...ad.php?t=20347 (http://immigrationvoice.org/forum/showthread.php?t=20347)
NSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20349 (http://immigrationvoice.org/forum/showthread.php?t=20349)
TSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20348 (http://immigrationvoice.org/forum/showthread.php?t=20348)
more...
pappu
01-31 11:02 AM
There are now couple of threads and several posts in different places on the same topic. I have merged 2 threads.
be careful when you start a new thread. see if there is already a thread on the topic and post in that thread.
be careful when you start a new thread. see if there is already a thread on the topic and post in that thread.
hair This generation of Jeep
add78
05-15 01:23 PM
All,
This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.
If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.
Unfortunately MBA does not fall under STEM degree list.
Per the recent OPT extension rule announcement by USCIS, you can write to them as they are taking suggestions with the reasons why MBA should be included. It will be hard to pursue because it is difficult to show shortage of skilled workers with MBA skills needed in US, but you are welcome to send USCIS letters.
This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.
If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.
Unfortunately MBA does not fall under STEM degree list.
Per the recent OPT extension rule announcement by USCIS, you can write to them as they are taking suggestions with the reasons why MBA should be included. It will be hard to pursue because it is difficult to show shortage of skilled workers with MBA skills needed in US, but you are welcome to send USCIS letters.
more...
sayantan76
04-13 06:03 PM
I am new to this community and have been watching some other forums online, but I am glad we have one dedicated for EB immigration. Way to go Immigration Voice!!!
Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.
The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!
I have analyzed EB Immigration considerably and here are my thoughts -
Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.
I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.
OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.
Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.
If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.
I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.
This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!
I am willing to talk to the IV Core team to discuss if needed.
While it seems like a great initiative - lets take a step back and examine the "materiality" of the $5MM number........
1. Annual budget of a typical State Univ is upwards of $1Bn.
2. $5MM can pay for college education of say, 100 kids (only about 50 if you include living expenses)
So, what the message that would go out in media would actually read like is the following:
"100,000 green card applicants trying to buy their way to US Residency by sponsoring 100 kids' college education and/or contributing 0.2% of Ohio State University's Annual Budget"
To the average American worker who has lost his/her job or knows someone close who has - this would, in my mind, seem like a bribe........and make them anti-EB if they already were not.........
All immigrant and non-immigrant workers do their fair share for this country by paying their taxes and abiding by the laws of the land + they pay significant fees during their entire H1 and GC process- a proposal that involves them shelling out any more $$s would only create a sense that we are trying to buy our way in plus its not really fair on the applicants in any way.
Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.
The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!
I have analyzed EB Immigration considerably and here are my thoughts -
Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.
I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.
OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.
Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.
If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.
I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.
This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!
I am willing to talk to the IV Core team to discuss if needed.
While it seems like a great initiative - lets take a step back and examine the "materiality" of the $5MM number........
1. Annual budget of a typical State Univ is upwards of $1Bn.
2. $5MM can pay for college education of say, 100 kids (only about 50 if you include living expenses)
So, what the message that would go out in media would actually read like is the following:
"100,000 green card applicants trying to buy their way to US Residency by sponsoring 100 kids' college education and/or contributing 0.2% of Ohio State University's Annual Budget"
To the average American worker who has lost his/her job or knows someone close who has - this would, in my mind, seem like a bribe........and make them anti-EB if they already were not.........
All immigrant and non-immigrant workers do their fair share for this country by paying their taxes and abiding by the laws of the land + they pay significant fees during their entire H1 and GC process- a proposal that involves them shelling out any more $$s would only create a sense that we are trying to buy our way in plus its not really fair on the applicants in any way.
hot trunk interior
jchan
06-05 09:46 AM
I found some things in our favor:
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
3. Once you have an approved I-140, you will never be subject to H1B cap:
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
....
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
3. Once you have an approved I-140, you will never be subject to H1B cap:
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
....
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?
more...
house Jeep Grand Cherokee Overland
logiclife
05-22 04:47 PM
I think I made a mistake by being sarcastic about the bill. Members assume that I have given up hope.
That is not true.
I am going to close this thread.
This was a joke on the bill and meant to point out the injustice. Please ignore this.
I have been to DC 4 times this year in 2007 and I or other core group members are not going to give up on amendments. And Aman has been there every 2 weeks. I am not kidding. He has been there either on Mon-Tue or Thu-Fri 2 times each month doing meetings in Senate offices and educating and finding sponsors. We are not going to give up now after all that hard work just because the bill is ridiculous.
Just because I am taunting the injustice of the bill doesnt mean that I or others have given up. WE ARE in position to put in amendments. How much, I dont know. But pretty sure that we will make a good amount of difference.
That is not true.
I am going to close this thread.
This was a joke on the bill and meant to point out the injustice. Please ignore this.
I have been to DC 4 times this year in 2007 and I or other core group members are not going to give up on amendments. And Aman has been there every 2 weeks. I am not kidding. He has been there either on Mon-Tue or Thu-Fri 2 times each month doing meetings in Senate offices and educating and finding sponsors. We are not going to give up now after all that hard work just because the bill is ridiculous.
Just because I am taunting the injustice of the bill doesnt mean that I or others have given up. WE ARE in position to put in amendments. How much, I dont know. But pretty sure that we will make a good amount of difference.
tattoo Jeep Grand Cherokee 2004
akp
07-02 04:44 PM
medical: $400 + waiting to hear from insurance if covered for tests and x-rays
Travel : 300 miles ~$100
Photo + photocopy etc ~ $100
Lawyers fee: paid by company
getting Bcs from India at short notice: ~$100 (know why!)
Taking leave from work : 3 days~$700
making parents run around babus in May heat : incalculable
our personal anxiety and anguish: incalculable
:mad: :mad: :mad: :mad: :mad: :mad:
Travel : 300 miles ~$100
Photo + photocopy etc ~ $100
Lawyers fee: paid by company
getting Bcs from India at short notice: ~$100 (know why!)
Taking leave from work : 3 days~$700
making parents run around babus in May heat : incalculable
our personal anxiety and anguish: incalculable
:mad: :mad: :mad: :mad: :mad: :mad:
more...
pictures 2004 Jeep Grand Cherokee
abhijitp
08-27 07:25 PM
Very good effort Drona.... go IV, go California!
All other states, raise to the occasion... show that you can beat us!
If you need assistance with logistics, help yourself by going here:
http://immigrationvoice.org/forum/showthread.php?t=12441
All other states, raise to the occasion... show that you can beat us!
If you need assistance with logistics, help yourself by going here:
http://immigrationvoice.org/forum/showthread.php?t=12441
dresses 2004 Jeep Grand Cherokee
bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
more...
makeup 2004 Jeep Grand Cherokee
GKBest
07-16 11:50 PM
Plus if the news is what we expect (ie july applications will be accepted), think about what that will do to the people who cant file in time by the end of July. There application will FOREVER be Unavailable.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.
girlfriend 2004 Jeep Grand Cherokee
sheela
02-21 08:45 AM
This is the most bizarre thing I ever heard w.r.to immigration. Usually the IO schedules an interview at one of the local offices or at one of the CBP (Customs and Border Patrol) offices. Atleast in San Francisco, both USCIS and CBP offices are located in the same building.
This happened to me and I may try to summarize my experience here. OP relax . PM me if you want to.
I Filed EB2i AOS in 07/07. Got a phone call at home (sometime in sep07). I was at work so my wife was the one who recd call and gave them my work ph#. Guy called at work, introduced himself and asked for time to visit me. We fixed up next morning . It was a kind of tense night. I had not informed my attorney about this- thinking it a part of background checks.
Next morning, an officer in plain bussiness dress showed up at exact time, introduced and gave me his bussiness card and presented his official ID card.
He spent some 45 minutes or so., and had several questions of personal nature about family and friends and money transmitted to india over the years (He had a complete list of transfers)
It was all serious questions but in a very casual/relaxed atmosphere (Nothing like allegations/judgemental).
This all ended very well. Saying GOOD LUCK to GREEN CARD.
Btw: I arrived in 2000 , worked for the same university until then.
This happened to me and I may try to summarize my experience here. OP relax . PM me if you want to.
I Filed EB2i AOS in 07/07. Got a phone call at home (sometime in sep07). I was at work so my wife was the one who recd call and gave them my work ph#. Guy called at work, introduced himself and asked for time to visit me. We fixed up next morning . It was a kind of tense night. I had not informed my attorney about this- thinking it a part of background checks.
Next morning, an officer in plain bussiness dress showed up at exact time, introduced and gave me his bussiness card and presented his official ID card.
He spent some 45 minutes or so., and had several questions of personal nature about family and friends and money transmitted to india over the years (He had a complete list of transfers)
It was all serious questions but in a very casual/relaxed atmosphere (Nothing like allegations/judgemental).
This all ended very well. Saying GOOD LUCK to GREEN CARD.
Btw: I arrived in 2000 , worked for the same university until then.
hairstyles 2010 Jeep Grand Cherokee
houston2005
04-01 06:29 PM
sent both faxes
krishna-AP
11-16 10:29 PM
I am planning to move India permanently this year end,
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.
sugaur
04-23 06:35 PM
Heres the bill:
http://docs.google.com/viewer?a=v&q=cache:b1UOpY2mEcMJ:www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf+arizona+sb1070&hl=en&gl=us&pid=bl&srcid=ADGEESi4hpIoZMxoozFseUeDACROo6TJaeJMqw-lRTH6klpsaNdJIIopnyOJ9bRRzoYmVre6GawBPrx5xlbxzUbWT lQJEcFwSYEjNZorjMx2Q-KyLUuh_-ZJVugssyevnyEePfHuVIAP&sig=AHIEtbRYZJkTVFz6B2eB6VoBx8hOnk5Q-w
I think this law puts an enormous burden on us to prove we are here legally. If for any reason we are stopped for speeding, the law allows the cop to ask us to prove we are here legally. technically, he is supposed to verify this with USCIS, but we know how efficient they are! Also the average cop probably has no idea what EAD/ Adjustment of status etc etc are and this can land us into trouble, atleast until we prove that we are here legally!.
Not only is legislative reform for legal immigrants held hostage by illegals and their lobbies, but actions directed against them are likely to entrap some of us into trouble with the law.
I hate illegals!!!!!!!!! And their !@#$ patrons in washington!
http://docs.google.com/viewer?a=v&q=cache:b1UOpY2mEcMJ:www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf+arizona+sb1070&hl=en&gl=us&pid=bl&srcid=ADGEESi4hpIoZMxoozFseUeDACROo6TJaeJMqw-lRTH6klpsaNdJIIopnyOJ9bRRzoYmVre6GawBPrx5xlbxzUbWT lQJEcFwSYEjNZorjMx2Q-KyLUuh_-ZJVugssyevnyEePfHuVIAP&sig=AHIEtbRYZJkTVFz6B2eB6VoBx8hOnk5Q-w
I think this law puts an enormous burden on us to prove we are here legally. If for any reason we are stopped for speeding, the law allows the cop to ask us to prove we are here legally. technically, he is supposed to verify this with USCIS, but we know how efficient they are! Also the average cop probably has no idea what EAD/ Adjustment of status etc etc are and this can land us into trouble, atleast until we prove that we are here legally!.
Not only is legislative reform for legal immigrants held hostage by illegals and their lobbies, but actions directed against them are likely to entrap some of us into trouble with the law.
I hate illegals!!!!!!!!! And their !@#$ patrons in washington!
No comments:
Post a Comment