andy garcia
06-05 01:09 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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snathan
04-29 10:44 PM
...........and the point you're trying to make is???
If you don't want a GC, why are you on this forum and making anti-GC statement. A pro-GC person would agree with this statement unequivocally.
Read my statement again and tell where I am saying anything against GC...since you said no other country is charging the immigrants for border security....I am saying US is the only country which gives millions GCs every year...so when you compare there is no comparison...
If you don't want a GC, why are you on this forum and making anti-GC statement. A pro-GC person would agree with this statement unequivocally.
Read my statement again and tell where I am saying anything against GC...since you said no other country is charging the immigrants for border security....I am saying US is the only country which gives millions GCs every year...so when you compare there is no comparison...
knacath
10-19 02:57 PM
Ap
2011 2008 Aprilia Shiver 750
Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
more...
dan19
04-13 12:01 PM
GCard_Dream,
I agree with you. I had also brought to the attention of the moderators about the restraint they need to exercise while closing threads.
Let people discuss about the visa movement dates as long as it doesn't harm/hurt others. Discussing/predicting visa dates is not against the wishes of the larger immigrant community as long as anti-social acts like betting is involved.
I again request the moderators to exercise their power with proper reasoning. If 1000 people wants a thread closed, it is not a proper reason for closing it.
I normally don't post predictions. But I read it sometimes. They will be a few people who post genuine opinions. Their views are sometimes helpful!
Just my thoughts. It's not against anyone.
Well .. there you go. When I predicted few weeks ago that there will be a big jump in the priority dates, some of us came up with big speeches about how that thread was a big waste of time and the thread should be closed. The thread in fact was closed without any explanation. It appears that there has been several occasions where moderators are just closing the threads without any explanation.
http://immigrationvoice.org/forum/showthread.php?t=3820
Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.
What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..
I agree with you. I had also brought to the attention of the moderators about the restraint they need to exercise while closing threads.
Let people discuss about the visa movement dates as long as it doesn't harm/hurt others. Discussing/predicting visa dates is not against the wishes of the larger immigrant community as long as anti-social acts like betting is involved.
I again request the moderators to exercise their power with proper reasoning. If 1000 people wants a thread closed, it is not a proper reason for closing it.
I normally don't post predictions. But I read it sometimes. They will be a few people who post genuine opinions. Their views are sometimes helpful!
Just my thoughts. It's not against anyone.
Well .. there you go. When I predicted few weeks ago that there will be a big jump in the priority dates, some of us came up with big speeches about how that thread was a big waste of time and the thread should be closed. The thread in fact was closed without any explanation. It appears that there has been several occasions where moderators are just closing the threads without any explanation.
http://immigrationvoice.org/forum/showthread.php?t=3820
Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.
What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..
Leo07
11-30 04:50 PM
Why do we have to go into 'Contributions' issue on every thread? Just dedicate one thread for donations and be done with it.If it's so itching then can we open a Donor-Only thread?:)
Guys, We are all in it together---We can only get out together-No matter what the numbers say.
Remember vdlrao's predictions last year? it's the same logic, It made perfect sense then, just as these numbers. I'm not questioning the logic or the numbers here.
Cheers!
Guys, We are all in it together---We can only get out together-No matter what the numbers say.
Remember vdlrao's predictions last year? it's the same logic, It made perfect sense then, just as these numbers. I'm not questioning the logic or the numbers here.
Cheers!
more...
ssnd03
02-18 09:13 AM
thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.
Thanks everybody we need your support to come out of this situation.
:rolleyes:
Dude you can convert from CP to AOS even after filing for CP. Your CP can be canceled. Vise-versa is more complicated. Even murthy.com had some write up on this. Go search their website.
Talk to a lawyer and stop cribbing here. Your situation is nothing different from others.
Thanks everybody we need your support to come out of this situation.
:rolleyes:
Dude you can convert from CP to AOS even after filing for CP. Your CP can be canceled. Vise-versa is more complicated. Even murthy.com had some write up on this. Go search their website.
Talk to a lawyer and stop cribbing here. Your situation is nothing different from others.
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srini1976
07-28 01:29 PM
Ignore it. Even I had the same problem. Goahead and certify.
more...
sanbaj
07-23 10:09 AM
Congratulations!! Enjoy ur GC!!
Did you do anything to expedite interfiling to use new I-140 for your pending I-485?
THANKS Indyanguy and Pscdk !!
For expediting Interfiling, nothing in specific. I called USCIS 3-4 times and did one infopass visit. Everytime, the answer was same, "No Information". Few times it was difficult to explain to them what interfiling is. Then, I learnt to say "PD Amendment" (My lawyer used that term) with the two separate approved I140s. I called USCIS last Friday (Jul/18/2008), and they told me to wait 4-5 MONTHS. You can see how much off they are and IIO and IO work for the same USCIS. It is Ludicrous.
Best of Luck to you guys. Hope your GC is approved soon.
Did you do anything to expedite interfiling to use new I-140 for your pending I-485?
THANKS Indyanguy and Pscdk !!
For expediting Interfiling, nothing in specific. I called USCIS 3-4 times and did one infopass visit. Everytime, the answer was same, "No Information". Few times it was difficult to explain to them what interfiling is. Then, I learnt to say "PD Amendment" (My lawyer used that term) with the two separate approved I140s. I called USCIS last Friday (Jul/18/2008), and they told me to wait 4-5 MONTHS. You can see how much off they are and IIO and IO work for the same USCIS. It is Ludicrous.
Best of Luck to you guys. Hope your GC is approved soon.
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paskal
12-20 05:30 PM
if the entire quota for EB2 is not allotted in a year, then the numbers are being sent down depite retrogression in india and china. that is how you know. every visa allotted to EB2 should be used within....if there is extra it's used by india/china.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
more...
tnite
07-19 11:46 AM
For couple of weeks in 2001, when I was getting H1 transfer, I was without pay. I applied H1 transfer before old H1 expired, but got the receipt notice after few weeks and only after that I started working. Am I out of status ?
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
2 weeks is not an issue .You can always claim upto maybe a month or 2 as vacation and if your last date of entry is after 2001 , even that doesnt matter
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
2 weeks is not an issue .You can always claim upto maybe a month or 2 as vacation and if your last date of entry is after 2001 , even that doesnt matter
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hmehta
07-27 01:11 PM
Urgency of getting a receipt is that once you get the receipt, it means that USCIS has 'accepted' your application and it will not be rejected for lack of initial evidence.
Why do you keep calling them everyday? What is the urgency of getting receipts?
Why do you keep calling them everyday? What is the urgency of getting receipts?
more...
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needhelp!
01-18 12:17 PM
Are people not seeing this thread? Whats going on? We need those fixes bad.. We need your letters real bad.
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arc
09-04 07:19 PM
Guys what airline could one fly from San Jose? Which one have best connecting times so one can reach and leave at decent time? which airport is close?
Is there a Motel nearby at the relly start point, what time does the rally end, and what flight have people from CA booked for getting back?
:confused:
Is there a Motel nearby at the relly start point, what time does the rally end, and what flight have people from CA booked for getting back?
:confused:
more...
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Munna Bhai
08-31 05:04 PM
There are rumors that we will be around 5000 at the rally. Let's prove them wrong and bring at least 10,000 of our members. I am willing to share more funds for people who so far are not planning to attend, and to advertise and promote the rally as much as possible. Guys, we still have nearly 3 weeks, we can get to 10,000 and beyond! Let's work hard now to accomplish that! Please post your ideas here to make it more than 10,000. Just like telethons have a target donationn amount to be raised, we should have a minimum attendance target for the rally to achieve! We have a HUGE opportunity to make our voices heard here, let's sacrifice and MAKE IT HAPPEN GUYS!!!! We will Win!!!!!
why can't we count now?? just approx. is also fine, can we have some sort of poll??
why can't we count now?? just approx. is also fine, can we have some sort of poll??
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badds01
09-09 09:11 AM
My I-140 is approved in 2006 and now i have filed my I-485. My employer has not given me any kind of doucments like I-140 approved document or Labour Substitution document. The only form he gave is ETA 9035E after my substitue labour was approved. If I want to change job after 180 days using AC21 do I need any of doucments from this employer. If my employer is not ready to give , what is other alternative. Plesae advice.
more...
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pappu
02-21 02:45 PM
This is the first time I am hearing about this. If there are more such instances/OP can provide his full details, IV can ask USCIS if this is true.
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kumar1
06-02 01:01 PM
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
Desi - Could you please guide us to any official site where this information is listed? I haven't been able to find this info on any official site (exp USCIS, DOS etc). Thanks
It seems that she was out of status.
______________________
Not a legal advice.
Desi - Could you please guide us to any official site where this information is listed? I haven't been able to find this info on any official site (exp USCIS, DOS etc). Thanks
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sbabunle
01-31 02:58 PM
Well again...if they allow to file 485, most of those folks will
file EAD and Parole too.. more money and more money :D
Its the same reason they wont discontinue Green Card lottery.
I think last time about 5mil people participated with $100 entry fee.
So its $500 Mil dollars..thats half a billion.....Nobody would kill the
goose who lays golden eggs... :D :D :D :D
Well, you are bringing up a very good point. May be we can setup a webfax event to USCIS, for allowing us to I-485 even if PD is not current, so that they can reap the exact benefit of this fees hike.
Core members - what say you???
file EAD and Parole too.. more money and more money :D
Its the same reason they wont discontinue Green Card lottery.
I think last time about 5mil people participated with $100 entry fee.
So its $500 Mil dollars..thats half a billion.....Nobody would kill the
goose who lays golden eggs... :D :D :D :D
Well, you are bringing up a very good point. May be we can setup a webfax event to USCIS, for allowing us to I-485 even if PD is not current, so that they can reap the exact benefit of this fees hike.
Core members - what say you???
GCBy3000
07-26 05:03 PM
for sure nebraska will revise it to 10/26 or later. I think they did not realize what they are getting into when they released the date last week.
thanks for posting the actual link...
http://www.uscis.gov/files/pressrele...mes27Jul07.pdf
even before USCIS did....
thanks for posting the actual link...
http://www.uscis.gov/files/pressrele...mes27Jul07.pdf
even before USCIS did....
gc_kaavaali
12-08 01:46 PM
Hi,
IV is trying to achieve these things...but it cannot do until unless members contribute something...IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...
http://immigrationvoice.org/forum/showthread.php?t=15905
Get one thing done is better than spreading limited resources on multiple topics. To increase immigration quotas is not achievable before presidential election is done.
Why not just focus on getting name check delay solved. It is under congress scrutiny already, all need are to add more oil to the fire.
IV is trying to achieve these things...but it cannot do until unless members contribute something...IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...
http://immigrationvoice.org/forum/showthread.php?t=15905
Get one thing done is better than spreading limited resources on multiple topics. To increase immigration quotas is not achievable before presidential election is done.
Why not just focus on getting name check delay solved. It is under congress scrutiny already, all need are to add more oil to the fire.