Pineapple
01-06 02:58 PM
Here is an old limerick :
There was a young fellow from Lyme
Who lived with three wives at one time
When asked: "Why the third?"
He replied:"One's absurd,
And bigamy, sir, is a crime."
There was a young fellow from Lyme
Who lived with three wives at one time
When asked: "Why the third?"
He replied:"One's absurd,
And bigamy, sir, is a crime."
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gc_on_demand
10-29 11:38 AM
they have delayed processing time so more people will file for premium processing and they earn more money. H1b quota is not filling up and all of a sudden processing time went from 2 to 6-7 months in 1 month. Because so many people ( h1 - h4 ) might be travelling in dec - jan season. Come back in feb - march and processing time will be again 2 months.
joeshmoe
08-22 11:21 AM
That is just perfect ... after waiting 100s of years for EAD now I will wait another 100s for the GC ...
thank you DOS et all ...
thank you DOS et all ...
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tinku01
02-12 10:53 AM
I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD
Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.
Thanks
Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.
Thanks
more...
eb3retro
04-12 11:48 AM
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.
very nice analysis.
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.
very nice analysis.
ganguteli
04-19 03:33 PM
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
You joined today just to post this?
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
You joined today just to post this?
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
more...
USDream2Dust
04-08 02:40 PM
www.uscis.gov
Everything filled up including masters degree H1. All big lotto
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the �advanced degree� exemption. Before running the random selection process, USCIS will complete initial data entry for all filings received during the filing period ending on April 7, 2008. Due to the high number of petitions, USCIS is not yet able to announce the precise day on which it will conduct the random selection process.
USCIS will carry out the computer-generated random selection process for all cap-subject petitions received. USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the �advanced degree� exemption limit. USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.
The agency will conduct the selection process for �advanced degree� exemption petitions first. All �advanced degree� petitions not selected will be part of the random selection process for the 65,000 limit.
Everything filled up including masters degree H1. All big lotto
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the �advanced degree� exemption. Before running the random selection process, USCIS will complete initial data entry for all filings received during the filing period ending on April 7, 2008. Due to the high number of petitions, USCIS is not yet able to announce the precise day on which it will conduct the random selection process.
USCIS will carry out the computer-generated random selection process for all cap-subject petitions received. USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the �advanced degree� exemption limit. USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.
The agency will conduct the selection process for �advanced degree� exemption petitions first. All �advanced degree� petitions not selected will be part of the random selection process for the 65,000 limit.
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AgentM
08-27 09:35 PM
Do we have to attach photographs when we e-file for AP ?
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alterego
11-02 01:14 PM
Eb3I may nudge forward a little bit. Sadly that won't be very helpful to most folks on this board. Visa recapture is the only thing that can help near term. In the interim, administrative fixes, rule clarifications, USCIS efficiencies in application processings, Data transparency, though not glamorous victories as say visa recapture. Nonetheless make the path somewhat more comfortable and predictable.
EB3ROW may move also.
The movement of EB2I will be quite revealing for me. If there is quarterly spillover(which under current rules should be the case) then we might see some forward movement or at the very minimum the dates should stay put. However if there is no quarterly spillover, then with the approvals in EB2 recently, they will be hard pressed not to move dates backward somewhat.
EB3ROW may move also.
The movement of EB2I will be quite revealing for me. If there is quarterly spillover(which under current rules should be the case) then we might see some forward movement or at the very minimum the dates should stay put. However if there is no quarterly spillover, then with the approvals in EB2 recently, they will be hard pressed not to move dates backward somewhat.
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rameshvaid
06-17 11:36 AM
Thanks for your support...Please post the link to that thread or your full story here. It would very helpful...
Thanks.
Here is the link..a PAINFUL ONE..
http://immigrationvoice.org/forum/showthread.php?t=18501&highlight=stuck+montreal
AND
http://immigrationvoice.org/forum/showthread.php?t=18965&highlight=stuck+montreal
RV
Thanks.
Here is the link..a PAINFUL ONE..
http://immigrationvoice.org/forum/showthread.php?t=18501&highlight=stuck+montreal
AND
http://immigrationvoice.org/forum/showthread.php?t=18965&highlight=stuck+montreal
RV
more...
itsmedude
02-12 06:02 PM
No matter how bad an employer is, one should inform before quiting...atleast one day in advance!
Bring IRS in to picture, let them deal these kind of cases...U should be OK in getting W2
Don't worry about losses and cases, it will cost him more if he gos to court.
He sent me an email to pay $3500, do you think he will go legal for this, I did not sign any contract with him.
If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.
Please suggest.
Bring IRS in to picture, let them deal these kind of cases...U should be OK in getting W2
Don't worry about losses and cases, it will cost him more if he gos to court.
He sent me an email to pay $3500, do you think he will go legal for this, I did not sign any contract with him.
If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.
Please suggest.
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jgh_res
10-10 12:41 PM
I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
I am not sure how much R & D is going on in india, but Adobe filed lots of patents from Adobe, india.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
I am not sure how much R & D is going on in india, but Adobe filed lots of patents from Adobe, india.
more...
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lacrossegc
11-30 12:31 AM
Guys,
off late we have been getting a steady stream of good news, updates , changes mostly to our favor.
It is not because someone in govt thought of giving us a break (if they did then I say give him/her a promotion/ merit increase what ever)....
It IS because people just like YOU fought for it....
Support IVs efforts ... these guys are putting their heart and soul into it... these guys are trying to help you fight.... these guys are one of YOU.
We ALL share a common goal,
Piece by piece, amendment by amendment, exec order by exec order, slowly but surely they will try and do the best they can to make your lives easier, OUR lives easier.
Please help .... donate to sustain OUR efforts.
off late we have been getting a steady stream of good news, updates , changes mostly to our favor.
It is not because someone in govt thought of giving us a break (if they did then I say give him/her a promotion/ merit increase what ever)....
It IS because people just like YOU fought for it....
Support IVs efforts ... these guys are putting their heart and soul into it... these guys are trying to help you fight.... these guys are one of YOU.
We ALL share a common goal,
Piece by piece, amendment by amendment, exec order by exec order, slowly but surely they will try and do the best they can to make your lives easier, OUR lives easier.
Please help .... donate to sustain OUR efforts.
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little_willy
08-22 01:55 PM
Its beyond me, why would EB3 go back to 2001 when new numbers will be available beginning Oct 07. Disappointed and mad
No surprises for me at least. There will be only 816 new EB3 visas available for any country in October. This will move the dates at the most by a month or two and this will continue for ever until a new legislation is passed, that is why DC rally is all the more important and everyone should focus on that to bring in a change.
For folks wondering how I came to the 816 visa number
Total GC available = 140000
7% country limit = 9800
split for EB3 = 3266
spread for each qtr = 816
Good Luck to all and don't have high expectations because you will be disappointed when the bulletin comes out.
No surprises for me at least. There will be only 816 new EB3 visas available for any country in October. This will move the dates at the most by a month or two and this will continue for ever until a new legislation is passed, that is why DC rally is all the more important and everyone should focus on that to bring in a change.
For folks wondering how I came to the 816 visa number
Total GC available = 140000
7% country limit = 9800
split for EB3 = 3266
spread for each qtr = 816
Good Luck to all and don't have high expectations because you will be disappointed when the bulletin comes out.
more...
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hsingh82
06-10 04:46 PM
Realistically ... What if they retrogress enuf to a date when v ver a British colony (rather than sovereign nation) and we change our country to chargeability :confused:?
Good one!
Good one!
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mighty80
06-01 08:47 PM
Done
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ashkam
03-27 11:55 AM
I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.
Also, until you explain how an illegal intruder in a house doesn't qualify as a security threat, all your requests for logic smack of hypocrisy.
Also, until you explain how an illegal intruder in a house doesn't qualify as a security threat, all your requests for logic smack of hypocrisy.
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rsdang1
11-03 06:30 PM
I GUESS a slight movement forward - say 3 months.... :D
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purgan
01-31 10:14 AM
If they're asking for 150% more money, is the service going to be 150% better too??? Are we going to get our forms processed 150% faster too??
Since USCIS calls itself a "customer-focussed" organization, I certainly hope so...
Since USCIS calls itself a "customer-focussed" organization, I certainly hope so...
gc_on_demand
06-12 09:33 AM
I am creating this new thread to post all hearing for today and one on June 23rd. Those who can see c-span please post commentry as it goes.
Lets see how it works out for US. BEST OF LUCK TO ALL.
Lets see how it works out for US. BEST OF LUCK TO ALL.
logiclife
03-29 01:31 PM
Good work.
Please send an email to Varsha or Sanjay asap with exactly what you have posted above.
I would request everyone who finishes the meeting to :
1. Prepare a summary like Gajendra has done above, and email that to Varsha and Sanjay. Do not post here too much details.
2. If you do post details of your meeting here to encourage others by telling them how good the meeting was, please do not disclose the names of staff members you met with. But put those details and names for followup meetings in the email you send to Varsha and Sanjay.
Thanks.
Please send an email to Varsha or Sanjay asap with exactly what you have posted above.
I would request everyone who finishes the meeting to :
1. Prepare a summary like Gajendra has done above, and email that to Varsha and Sanjay. Do not post here too much details.
2. If you do post details of your meeting here to encourage others by telling them how good the meeting was, please do not disclose the names of staff members you met with. But put those details and names for followup meetings in the email you send to Varsha and Sanjay.
Thanks.
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