heywhat
06-17 12:00 AM
I support this campaign. My 3-4 friends moved on to EAD because of just visa re-validation(rejection) fear.
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willwin
06-05 11:44 AM
That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.
I have a friend of mine with PD July 2001 (EB3 Ind) with NC cleared. His GC is not cleared despite his date being current for few months now.
Who is saying USCIS is doing diligence? If they were, dates cannot move forward so much for EB2 Ind and EB3 ROW.
I have a friend of mine with PD July 2001 (EB3 Ind) with NC cleared. His GC is not cleared despite his date being current for few months now.
Who is saying USCIS is doing diligence? If they were, dates cannot move forward so much for EB2 Ind and EB3 ROW.
grupak
06-12 09:48 AM
Keep us posted.
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looivy
04-14 08:31 AM
If I were an immigrant in Arizona, I will be scared. What are businesses going to do without 'em?
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sandiboy
07-27 01:56 PM
Guys Stop calling CIS. Check out the new FAQ, they will accept all applications from Jul 2:
http://immigrationvoice.org/forum/showthread.php?t=11282
http://immigrationvoice.org/forum/showthread.php?t=11282
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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vbkris77
06-17 12:04 AM
I support this initiative. I sent a PM to you snathan, pls. contact me if you have more questions..
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mimine
11-03 11:17 AM
I'm getting my bag of M & M's and box of Kleenex tissues ready.
I actually stopped crying about it but I definitely think USCIS should send us Candy coupons to make up for the wait. :p
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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sandy_anand
11-06 12:17 PM
For December 2009 visa bulletin - Please call Ajmeri Baba at +44-91-29-2434343434
LOL! Good one!:D
LOL! Good one!:D
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immigrant2007
07-16 12:54 PM
There is nothing to solve in the immigration system. We do not need another 37K pages of vague rules like the HealthCare reform or 3K pages of rules for the Financial reform.
The immigration law is best AS IS. The issue is that they are NOT implementing or enforcing the current law.
States in the US can pass any law to protect it's citizens especially if the Fed Govt. is not doing it's job.
Not enforcing a law to protect Americans is unconstitutional. Therefore states have to mandate their own laws. When the Fed calls someone illegal - it means they broke the law. They have to be punished. No 2 ways about it unless you have a new meaning for "Illegal".
Note that politicians are spending too much time talking about illegal aliens and less time on legal benefits - cause more harm to legal immigrants. How can someone not get that?
Please update and provide credible infrmoation in your profile. I agree with you about the imgmiration law doesn't need much changes for handling illegals. It's an implementation issue.
I am pretty sure Arizona Law is about vote bank politics and federal Law suit is also about vote bank politics. Arizona law is to cash the sentiments of people suffering from the recession, loss of jobs , money etc etc... and illegal immigrants are an easy excuse and soft targets. Remember, few years back it was IRAQ and Afghanistan (we see the results now the issue has still not been resolved we have lost money and made more enemies and most improtant destroyed life of "GOD knows" so many innocent people...just imagine to step in their shoes even for a single moment).
IF states continue to do this we are far from the day where you see California passing a law requiring VISAS for entry....Right now we are debating State-Federal, who knows what this leads to. I think (my views) Americans are not good (all their actions lead to law suites or wars --most of them are costly affairs)at protesting about issues though they are fast on acting (at times it could be hastily). The whole issue could have been protested and resolved in a very strong way without making it all about VOTE bank politics. Lot of laws are already there its only that will, sincerity, honsety and integrity to implement them is lacking
The immigration law is best AS IS. The issue is that they are NOT implementing or enforcing the current law.
States in the US can pass any law to protect it's citizens especially if the Fed Govt. is not doing it's job.
Not enforcing a law to protect Americans is unconstitutional. Therefore states have to mandate their own laws. When the Fed calls someone illegal - it means they broke the law. They have to be punished. No 2 ways about it unless you have a new meaning for "Illegal".
Note that politicians are spending too much time talking about illegal aliens and less time on legal benefits - cause more harm to legal immigrants. How can someone not get that?
Please update and provide credible infrmoation in your profile. I agree with you about the imgmiration law doesn't need much changes for handling illegals. It's an implementation issue.
I am pretty sure Arizona Law is about vote bank politics and federal Law suit is also about vote bank politics. Arizona law is to cash the sentiments of people suffering from the recession, loss of jobs , money etc etc... and illegal immigrants are an easy excuse and soft targets. Remember, few years back it was IRAQ and Afghanistan (we see the results now the issue has still not been resolved we have lost money and made more enemies and most improtant destroyed life of "GOD knows" so many innocent people...just imagine to step in their shoes even for a single moment).
IF states continue to do this we are far from the day where you see California passing a law requiring VISAS for entry....Right now we are debating State-Federal, who knows what this leads to. I think (my views) Americans are not good (all their actions lead to law suites or wars --most of them are costly affairs)at protesting about issues though they are fast on acting (at times it could be hastily). The whole issue could have been protested and resolved in a very strong way without making it all about VOTE bank politics. Lot of laws are already there its only that will, sincerity, honsety and integrity to implement them is lacking
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jchan
11-30 04:55 PM
A way to estimate ROW 485 applications
Since ROW 485's are approved rather quickly, the small number of pending cases from the USCIS report does not reflect the whole picture how many ROW 485's are submitted each year. However, we may be able to estimate like this:
First find out the average processing time of ROW 485, then we know the pending number from USCIS report is the cases submitted for the length of the processing time. For example, if the processing time is 3 months, and there are 7000 cases for ROW pending, then we know there are 7000 ROW 485 submitted in 3 months. Then the full year demand is 28000. Maybe the report can be revised with these information to get a better estimate on the spillover?
Since ROW 485's are approved rather quickly, the small number of pending cases from the USCIS report does not reflect the whole picture how many ROW 485's are submitted each year. However, we may be able to estimate like this:
First find out the average processing time of ROW 485, then we know the pending number from USCIS report is the cases submitted for the length of the processing time. For example, if the processing time is 3 months, and there are 7000 cases for ROW pending, then we know there are 7000 ROW 485 submitted in 3 months. Then the full year demand is 28000. Maybe the report can be revised with these information to get a better estimate on the spillover?
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bkam
04-12 08:25 PM
Stucklabor,
As I said, this was just a hint. Point for discussion in case our amendments do not pass. And there is a precedent which can be used as a leverage. You know the principles of the "brain storm" problem resolution - throw several wild ideas and if at least one of them works, the goal is achieved.
If the amendments pass, forget for this idea.
As I said, this was just a hint. Point for discussion in case our amendments do not pass. And there is a precedent which can be used as a leverage. You know the principles of the "brain storm" problem resolution - throw several wild ideas and if at least one of them works, the goal is achieved.
If the amendments pass, forget for this idea.
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Suva
07-14 11:33 AM
Your spouse applied for H4/H1? Which one?
Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.
Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.
When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.
Thanks buddy.
Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.
Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.
When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.
Thanks buddy.
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bluekayal
02-10 10:37 AM
I've sent you a pm Oguinan.
Way to go!
Way to go!
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django.stone
11-06 03:43 PM
If there is a fire in the house regardless of how you arrange furniture at least some of it will get burnt.
So stop giving advice like these and focus on extinguishing the fire.
I was not giving advice. I was clearly requesting "Please guys, let's not fight" and trying to divert the conversation to a logical discussion about horizontal spillover helping I & C. My conversation with him did end in a civil manner.
In the mean time a random passer by like yourselves comes along and stirs the pot again, when the fire was just about to be extinguished. If you don't like my argument, debate it, we all love good debates here and most often we learn from each other. Don't just attack. My only and last post on this topic.
So stop giving advice like these and focus on extinguishing the fire.
I was not giving advice. I was clearly requesting "Please guys, let's not fight" and trying to divert the conversation to a logical discussion about horizontal spillover helping I & C. My conversation with him did end in a civil manner.
In the mean time a random passer by like yourselves comes along and stirs the pot again, when the fire was just about to be extinguished. If you don't like my argument, debate it, we all love good debates here and most often we learn from each other. Don't just attack. My only and last post on this topic.
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dummgelauft
01-25 11:37 AM
Great news. What will be greater is that not only these "students", but the people who employ them, the people who run the "university", the ones who gave accreditation to this "university" should be all loaded in a ship and dropped-off on a hitherto uninhabited island in the south pacific, with a live stream of their life made available post drop-off.
They can all happily screw each other on the island.
BTW, let one of the right wing radio shows get a hold of this news, we will not hear the end of this. The next logical step will be Steve King professing an end to F1 visas.
** Just saw that TVU is a "faith based" (a certain faith) university, no suprise that right wing talk show jac@$$e$ have not latched on to this.
They can all happily screw each other on the island.
BTW, let one of the right wing radio shows get a hold of this news, we will not hear the end of this. The next logical step will be Steve King professing an end to F1 visas.
** Just saw that TVU is a "faith based" (a certain faith) university, no suprise that right wing talk show jac@$$e$ have not latched on to this.
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logiclife
12-28 04:50 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
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GC4US
06-26 04:02 PM
Could you please tell me how is it with the pictures for I-485 ?
Is the photo digital or paper? OR the photo is first digital then you're printing it? Am I correct?
So from my understanding.....you go to Kinkos or CVS( do they know the requeirments of photo if I tell them about immigration photo for Adjustment of status?) .....they make a digital photo of you and then they are printing the digital photo? is this correct?
Please tell me what to do and where to go for I-485 photos.
Thank you in advance so much for your help.
Is the photo digital or paper? OR the photo is first digital then you're printing it? Am I correct?
So from my understanding.....you go to Kinkos or CVS( do they know the requeirments of photo if I tell them about immigration photo for Adjustment of status?) .....they make a digital photo of you and then they are printing the digital photo? is this correct?
Please tell me what to do and where to go for I-485 photos.
Thank you in advance so much for your help.
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dilbert_cal
04-03 04:44 PM
8 more webfaxes done for 10 and 11. ( through my colleagues )
Another 17 to go. I know I'm slow but I'll reach there. :-)
Another 17 to go. I know I'm slow but I'll reach there. :-)
prioritydate
08-09 11:28 PM
Does anyone have an LUD on 04/20/2008?
smuggymba
04-29 09:39 PM
Perhaps, USA can levy another "fee" on H1-B folks to cover up the fighter jet deal loss just like they levy the mexico border protection fees on H1-B's.
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?