53885
08-28 03:56 AM
If you are taking one day off, it is only one day. Work extra hours on the other four working days in the week.
My wife and I will be flying from Los Angeles. I am already working extra hours to take 2 days off. It will be once in a lifetime opportunity to raise our voice in DC and meet lawmakers.
My wife and I will be flying from Los Angeles. I am already working extra hours to take 2 days off. It will be once in a lifetime opportunity to raise our voice in DC and meet lawmakers.
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Berkeleybee
03-10 12:41 PM
Sbdol,
Our goal from these meetings is simple: to get the issue on the radar.
Remember usually when lawmakers/lawmaker district office staff hear "immigration" they think "illegal immigration." Our presentation is usually the beginning of their education -- we have no expectation that they have "deep" or any knowledge of the nitty gritty.
All we want is that they send our material to their Immigration aide in DC, and recognize that there is an issue out there.
BTW, sbdol what volunteer team are you on?
best,
Berkeleybee
Our goal from these meetings is simple: to get the issue on the radar.
Remember usually when lawmakers/lawmaker district office staff hear "immigration" they think "illegal immigration." Our presentation is usually the beginning of their education -- we have no expectation that they have "deep" or any knowledge of the nitty gritty.
All we want is that they send our material to their Immigration aide in DC, and recognize that there is an issue out there.
BTW, sbdol what volunteer team are you on?
best,
Berkeleybee
flipflop
08-23 04:09 PM
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?
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ArkBird
05-01 05:36 AM
India was demanding latest fighter jets (F-22) but US can offer only old version F-16,F-18 to India. Basic reason for US denial to latest technology because of India -US relation and their status .US only offers new technology to its close allys. I think it was prudent move from India�s part to get latest and greatest technology. To get these new technologies US congress needs to pass law and define India as close ally.
F-22 is newer version of F-18/F-16??
F-22 is Air superiority Aircraft and India is seeking Multi-Role Combat Fighter!
Whatever you are smoking dude seems real good stuff! Pass that sh1t over here!!
F-22 is newer version of F-18/F-16??
F-22 is Air superiority Aircraft and India is seeking Multi-Role Combat Fighter!
Whatever you are smoking dude seems real good stuff! Pass that sh1t over here!!
more...
r2i2009
12-26 05:12 PM
Is this a good news for PD 2005 folks.
When can we expect.
Common Seniors pour in your thoughts and let your thougts be a strong prayer for us.
Waiting, Waiting.
Market is bad in India too...so we are stuck.
When can we expect.
Common Seniors pour in your thoughts and let your thougts be a strong prayer for us.
Waiting, Waiting.
Market is bad in India too...so we are stuck.
sanbaj
07-28 03:49 PM
:confused: I have
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
Yes, in my opinion, you can file with two I140s, especially, if you want to use category of one and PD of the other. You can find the PD for your 485 on your 485 RN and from that you can deduce that they are looking at EB3 or EB2 I140.
Waiting for Aug/08 and calling USCIS for opening a SR is the good way to ask them to work on your case.
Best of Luck.
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
Yes, in my opinion, you can file with two I140s, especially, if you want to use category of one and PD of the other. You can find the PD for your 485 on your 485 RN and from that you can deduce that they are looking at EB3 or EB2 I140.
Waiting for Aug/08 and calling USCIS for opening a SR is the good way to ask them to work on your case.
Best of Luck.
more...
gc_bucs
04-01 03:28 PM
Sent the fax. Thanks for putting it together
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desi485
10-10 07:11 PM
There are many people from these Indian Outsourcing companies who are switching to US comanies or even to local desi bodyshopping companies for various reasons...Like the ones below
1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
2) They don't process GCs in general (very limited cases....)
3) Chances are that one may make more money based on the skill-set
However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.
But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....
Just the fact that you make more money outside is a proof of underpay.
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Any way you argue, the truth is SWITCH is a glorified bodyshopper.
and that too glorified in india by indian media, not by US media.
1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
2) They don't process GCs in general (very limited cases....)
3) Chances are that one may make more money based on the skill-set
However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.
But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....
Just the fact that you make more money outside is a proof of underpay.
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Any way you argue, the truth is SWITCH is a glorified bodyshopper.
and that too glorified in india by indian media, not by US media.
more...
makemygc
08-01 10:10 AM
Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.
I don't think she will have a H1 approval notice if she is coming to US first time.
I don't think she will have a H1 approval notice if she is coming to US first time.
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piperwarrior
08-16 01:37 PM
I work with corporate lawyers everyday, and yes they are very smart. However, immigration lawyers are the bottom of the barrel.
I have nothing against lawyers, most are hard-working and smart. But that smartness also makes them confuse others and ultimately its the clients who have to pay for the smartness of the lawyers.
I am totally against that.
making a living is one thing, but talk about confusing people and milking them for the money !!!
I have nothing against lawyers, most are hard-working and smart. But that smartness also makes them confuse others and ultimately its the clients who have to pay for the smartness of the lawyers.
I am totally against that.
making a living is one thing, but talk about confusing people and milking them for the money !!!
more...
gc_chahiye
08-10 12:35 PM
Perm filers hate LS guys as they went ahead of line...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
:D also the EB2 guys hate the EB3-EB2 conversions as those guys also jumped to a faster line pushing these EB2'ers back...
Hope enough people show up at the DC rally and IV can get the legislators to do something about all these lines so there is no need for line jumping...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
:D also the EB2 guys hate the EB3-EB2 conversions as those guys also jumped to a faster line pushing these EB2'ers back...
Hope enough people show up at the DC rally and IV can get the legislators to do something about all these lines so there is no need for line jumping...
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qtoask
06-20 12:05 PM
please update here http://immigrationvoice.org/forum/showthread.php?t=5379
more...
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Guig0
02-07 01:36 PM
:-\
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satish_hello
12-07 10:19 AM
I am still waiting for FP, i created SR, hey told i have to wait for 4-6 weeks, which is already over.
I took infopass, my name check is clear, No info abt the FP Notice.
Any one in same situation transfered cases from NSC-->CSC-->NSC not yet received FP yet.
satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th. - Transferred ---> WAC ---> back to NSC
EAD- Card Received
AP - Approved.
NC- Cleared
FP-?
AD -?
---------------------------------
I took infopass, my name check is clear, No info abt the FP Notice.
Any one in same situation transfered cases from NSC-->CSC-->NSC not yet received FP yet.
satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th. - Transferred ---> WAC ---> back to NSC
EAD- Card Received
AP - Approved.
NC- Cleared
FP-?
AD -?
---------------------------------
more...
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bkarnik
04-10 08:29 PM
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
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logiclife
05-22 02:19 PM
Here is what you do if the bill passes without amendments:
Get some sun-tan. Wear a baseball cap. Put in jeans with oil stains and bad quality collarless t-shirt. Grow an untrimmed mustache. Lose the dress shoes and wear cheap jogging shoes.
Go to the nearest USCIS office (after this bill passes) and say that you have been working off-books illegally at a nearby restaurant since 5 years and now you would like to apply for Z visa.
They will give you a probationary that will work like an EAD card (maybe better quality than EAD with it being tamper proof and wear proof). In the meantime, once the borders are closed and certain benchmarks are met, you will get Z visa with Advanced parole to replace your probationary card. With that advanced parole you can travel outside and come back in guaranteed (Guaranteed return due to AP). When outside you can file for GC, visit your parents and relatives, spend a few days in vacation and come back with full freedom to work anywhere without LCA restrictions and enjoy the Z visa that you can renew on your own (no need for employer sponsor).
They will give GC to all Z visa applicants within 5 years thru supplemental increase in GC (based on survey done by DHS). The annual cap will be total Z visa holders divided by 20%. If there are 11 million illegals who end up getting Z visa, the annual cap will be 2.2 million.
That 2.2 million beats the hell out of the 140,000 we have today for legal skilled immigrants or the 90,000 we will have with this new bill.
Advantages:
1. No need to comply to speciality occupation. Work in any line of work.
2. No need to get labor cert for GC.
3. No need to depend on employer for temp visas like H1B and GC sponsorship.
4. More travel flexibility due to advanced parole that comes with Z visa.
Get some sun-tan. Wear a baseball cap. Put in jeans with oil stains and bad quality collarless t-shirt. Grow an untrimmed mustache. Lose the dress shoes and wear cheap jogging shoes.
Go to the nearest USCIS office (after this bill passes) and say that you have been working off-books illegally at a nearby restaurant since 5 years and now you would like to apply for Z visa.
They will give you a probationary that will work like an EAD card (maybe better quality than EAD with it being tamper proof and wear proof). In the meantime, once the borders are closed and certain benchmarks are met, you will get Z visa with Advanced parole to replace your probationary card. With that advanced parole you can travel outside and come back in guaranteed (Guaranteed return due to AP). When outside you can file for GC, visit your parents and relatives, spend a few days in vacation and come back with full freedom to work anywhere without LCA restrictions and enjoy the Z visa that you can renew on your own (no need for employer sponsor).
They will give GC to all Z visa applicants within 5 years thru supplemental increase in GC (based on survey done by DHS). The annual cap will be total Z visa holders divided by 20%. If there are 11 million illegals who end up getting Z visa, the annual cap will be 2.2 million.
That 2.2 million beats the hell out of the 140,000 we have today for legal skilled immigrants or the 90,000 we will have with this new bill.
Advantages:
1. No need to comply to speciality occupation. Work in any line of work.
2. No need to get labor cert for GC.
3. No need to depend on employer for temp visas like H1B and GC sponsorship.
4. More travel flexibility due to advanced parole that comes with Z visa.
more...
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franklin
09-21 05:43 PM
Great to have you on board.
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
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alterego
02-27 04:42 PM
This cannot happen. Let me tell you why.
If this is allowed, every FB applicant who basically is also waiting for a number to complete consular processing would want the same benefits and this could not be accomodated.
CP was good at the time when you could get it processed and get a green card quicker, it would have had to be a carefully planned decision. Now once the choice is made, requesting derivative benefits of AOS would not work. It was always involving that risk.
If this is allowed, every FB applicant who basically is also waiting for a number to complete consular processing would want the same benefits and this could not be accomodated.
CP was good at the time when you could get it processed and get a green card quicker, it would have had to be a carefully planned decision. Now once the choice is made, requesting derivative benefits of AOS would not work. It was always involving that risk.
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npperi
04-03 09:51 AM
Sent faxes 10 & 11.
Thanks to all involved!
Thanks to all involved!
Soul
02-11 06:59 AM
I do that sometimes Kit, especially when I can't really think of a reason.
Right, I've finally made my vote lol...
I voted for Kit because I liked the style, would ahve been better bigger but still cool :beam:
- Soul :goatee:
Right, I've finally made my vote lol...
I voted for Kit because I liked the style, would ahve been better bigger but still cool :beam:
- Soul :goatee:
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.
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