Hello_Hello
11-03 09:15 AM
Democrats or republican....doesn't matter. Nothing is going to pass. Read the writings on the walls, understand the ruler's and administration's body language it's all Anti-immigrant. Why do you think there are so many queries on everything, EAD harassment. They are harrassing us for everthing, just for 1 plain reason, they don't want us here. And you guys are talking of CIR ..huh!!!
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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.
BlueCard
07-17 11:08 AM
Man, I-485 for Texas went back more than a month. It's so bad, they might as well not have published it, one would have slept better at night.
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
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belmontboy
05-18 04:48 PM
what logic? did you vote for a senator that supports such a bill or are you planning to present it in the senate/house?
and to your point, even i am not comparing any schools... i am just saying that there should be a quota for iim/iit grads...
dude, do u think the senators here care for how good iim/iit's are??
lemme make it simple so that u understand, they have 20k quota for master's [donno how this idea was sold]. In those terms, selling the idea for having an additional quota for Master's students in GC should be relatively easier than any other campaign.
and to your point, even i am not comparing any schools... i am just saying that there should be a quota for iim/iit grads...
dude, do u think the senators here care for how good iim/iit's are??
lemme make it simple so that u understand, they have 20k quota for master's [donno how this idea was sold]. In those terms, selling the idea for having an additional quota for Master's students in GC should be relatively easier than any other campaign.
more...
anura
04-29 03:34 PM
Then my apologies to Tony.
mmj
04-27 08:46 PM
Look at the number of people who posted messages to this thread .... even if you say 4 times that number of people posted messages to WhiteHouse.gov it is no where close to the numbers we need .... Lets not kid ourselves - Unless there is a miracle - most of us are looking at aleast another 3-4 year wait :(
do we have a real poll number: how many have actually send it?
i did.
probably many others did as well. need to know....
do we have a real poll number: how many have actually send it?
i did.
probably many others did as well. need to know....
more...
dummgelauft
11-04 12:08 PM
Coming soon..Rated R, for SCARY IMAGES....will make EVERYONE cry!!
Playing on a computer screen near you!!!.....
'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"
*Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.
Playing on a computer screen near you!!!.....
'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"
*Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.
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saimrathi
07-06 03:21 PM
Maybe the podcast is released the day after the news is telecast? Any idea?
Yup thats what he told me
:D
Yup thats what he told me
:D
more...
dummgelauft
11-03 12:32 PM
I actually stopped crying about it but I definitely think USCIS should send us Candy coupons to make up for the wait. :p
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lotsofspace
01-04 10:18 AM
yes don't wish for two wives.
One wife itself is sufficient to cause life long agony and u r wishing for too!
Indeed a brave fellow and should be given a GC on national interest waiver
NIV ? Or the Extra-ordinary ability ;)
One wife itself is sufficient to cause life long agony and u r wishing for too!
Indeed a brave fellow and should be given a GC on national interest waiver
NIV ? Or the Extra-ordinary ability ;)
more...
yabadaba
08-01 12:03 PM
Looks like for July 2nd they just started and i talked to 5 other guys( who got receipt) - all of them has a sending time between 9 and 9:30 AM by FEDEX
Mine went around 11:30 by USPS on July 2nd - so i have to wait for at least 2weeks. 1 hr late means 1 week delay !!
Kidding - what time yours hit the USCIS building ?
mine reached at 7:55 am ...still no receipt :(
Mine went around 11:30 by USPS on July 2nd - so i have to wait for at least 2weeks. 1 hr late means 1 week delay !!
Kidding - what time yours hit the USCIS building ?
mine reached at 7:55 am ...still no receipt :(
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looivy
01-21 12:43 PM
Mailed letters for me and my spouse today to both IV and White house....
IV members, please don't delay - send yours as soon as possible.
IV members, please don't delay - send yours as soon as possible.
more...
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wellwishergc
04-10 09:10 PM
Should I narrate the story of the 'success of microsoft' and its history?:); You guys are no less than 'Bill Gates' for us!!!
I'm smiling. We will certainly try, but the part above (clout etc) would be an overstatement of our current levels of access. :)
Note that these are the same agencies that have been resisting our efforts to get even the most basic breakdown of data.
best,
Berkeleybee
I'm smiling. We will certainly try, but the part above (clout etc) would be an overstatement of our current levels of access. :)
Note that these are the same agencies that have been resisting our efforts to get even the most basic breakdown of data.
best,
Berkeleybee
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nrk
10-27 08:56 AM
Sorry there was a typo in the application mailed in date it is 8/7/2007 and notice date is 9/26/2007.
as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....
as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....
more...
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himu73
10-01 08:04 PM
Hello,
My application was sent on July20th to NSC.
Today I got a transfer notice saying application is transferred to Texas Service center. question
1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?
Thanks in advance
My application was sent on July20th to NSC.
Today I got a transfer notice saying application is transferred to Texas Service center. question
1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?
Thanks in advance
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Jimi_Hendrix
12-13 10:43 AM
Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?
more...
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Refugee_New
02-20 03:36 PM
How to find out if our FBI finger print and IBIS checks are cleared?
I spoke to NSC IO yesterday and found out that my case is still waiting for security clearence. Does that mean they are waiting for my FP and IBIS clearance?
My case is EB2/Feb India and I-485 RD is 06/15/2007.
I spoke to NSC IO yesterday and found out that my case is still waiting for security clearence. Does that mean they are waiting for my FP and IBIS clearance?
My case is EB2/Feb India and I-485 RD is 06/15/2007.
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realizeit
02-11 04:27 PM
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
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nixstor
01-11 12:40 AM
I am not sure what your health insurance situation with your employer is. Here is some thing I know. Please research and see whether this helps.
Under HIPPA regulations, insurance companies cannot decline pregnancy as pre existing condition if you and your spouse are covered by group coverage. Generally, group coverage is the coverage you get from your employer. If you currently do not have health insurance through your employer, try to sneak into the plan now as most employers will have open enrollment period during Jan/Feb of each year. If you try to buy individual coverage from a HMO/PPO, those insurance companies can mercilessly decline maternity coverage.
If you get into group coverage, no matter what trimester your wife is in, insurance companies WILL have to cover the maternity as per the plan choose.
Please investigate and let us know what you find.
Under HIPPA regulations, insurance companies cannot decline pregnancy as pre existing condition if you and your spouse are covered by group coverage. Generally, group coverage is the coverage you get from your employer. If you currently do not have health insurance through your employer, try to sneak into the plan now as most employers will have open enrollment period during Jan/Feb of each year. If you try to buy individual coverage from a HMO/PPO, those insurance companies can mercilessly decline maternity coverage.
If you get into group coverage, no matter what trimester your wife is in, insurance companies WILL have to cover the maternity as per the plan choose.
Please investigate and let us know what you find.
rongha_2000
07-17 10:02 AM
Better to get a band-aid than leave the injury open and bleeding.
I hear what you are saying. I am just saying this is a band aid solution.
jasquil
I hear what you are saying. I am just saying this is a band aid solution.
jasquil
Leo07
06-02 03:29 PM
<<<<<<<<<<<<<<<<<bump>>>>>>>>>>>>
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