zoozee
08-28 03:52 PM
where are you planning to stay?
Zoozee,
Even I'm flying from San Jose airport on Monday evening.My flight is at 6:30 pm (AA airlines). Can you tell me about your flight schedule?
Zoozee,
Even I'm flying from San Jose airport on Monday evening.My flight is at 6:30 pm (AA airlines). Can you tell me about your flight schedule?
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nag2007
10-11 04:25 PM
Yes Sir. Unfortunate for labor not cleared in time.
EB3 RIR March 2005.
EB3 RIR March 2005.
kumarc123
07-08 03:05 PM
I got nothing else to say besides that I concur with every word you said about highly skilled population. They get so caught up and satisfied with their small satisfactions, that they tend to ignore the bigger picture. At times, I think USCIS just fooled us and gave in July07 to shut us up. Yes the right work is shut all us up, like those small beggars who beg on the streets and you give them 2Rs to shut them up.
Shame on All of us for not standing together, this message is for the administrator, to do something big now rather wait and see. To deliver the best push we have to act now---
Shame on All of us for not standing together, this message is for the administrator, to do something big now rather wait and see. To deliver the best push we have to act now---
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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.
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abhishek101
11-02 11:33 PM
Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
GKBest
08-20 03:56 PM
This is really sad and very unethical. As my lawyer would put it, the I-140 is owned by the employer that's why he was hesitant at first to give me a copy. So I guess, your employer can do this. I think he knows that you won't have the gut to expose him since this will also put you in an awkward situation since you paid for your labor and I-140 which, strictly speaking, is against the immigration law.
Think of other ways to get even with him.
Think of other ways to get even with him.
more...
eilsoe
02-03 06:20 AM
u'r still the lineart champ around here hunn ;)
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sapota
08-31 04:01 PM
should be taken with a huge grain of salt. The job of the media is to create sensationalism so that the news can be spread.
The general issues still are true.
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
The general issues still are true.
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
more...
LostInGCProcess
12-21 05:25 PM
I think Meera Shankar needs to be fired. Its bloody 2010 and this is the kind of customer service the indian consulates provide - they dont pick up calls - it takes them a month to issue new passports - Always feel ashamed to be an indian any time I have to deal with these useless consulates.
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
You are absolutely right. I dealt with the Embassy of India, washington DC to get my daughters PIO card. Back then we were asked to send stamped return envelope. And guess what, they would call you and scold you for not sending the envelope and ask you to mail another MO for $20.00. That's soooo cheap and totally unethical and I felt ashamed that our Government employees are doing this on a foreign soil.
I dont understand from where they hire these goons to work at the consulates. Usually the ladies are very rough when they talk on the phone (well!! it may just be a coincidence).
I dont know why you have all the RED, eventhough you have spoken the truth.
Anyways, I gave you a GREEN !!!
Please post our Ambassador email if you get it.
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
You are absolutely right. I dealt with the Embassy of India, washington DC to get my daughters PIO card. Back then we were asked to send stamped return envelope. And guess what, they would call you and scold you for not sending the envelope and ask you to mail another MO for $20.00. That's soooo cheap and totally unethical and I felt ashamed that our Government employees are doing this on a foreign soil.
I dont understand from where they hire these goons to work at the consulates. Usually the ladies are very rough when they talk on the phone (well!! it may just be a coincidence).
I dont know why you have all the RED, eventhough you have spoken the truth.
Anyways, I gave you a GREEN !!!
Please post our Ambassador email if you get it.
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waiting4gc
04-14 04:44 PM
Whichever one of you guys gave me the following red, keep it up.
"dont try to fool students and recruit them, consulting companies are bloodsuckers, no limit on 485 will never happen and u know it, nice try pal"
Shows me your depth of knowledge of how ALL consultancies work since you probably keep tabs on ALL of them. Regarding recruiting students, I don't need to recruit students. IV is a medium to help yourself, choose to do so or not at your own peril.
Passing judgment on all consultancies based on your experience with one or more is just called "generalization". I know quite a few consultancies where people make a lot of money and do things that company don't want to hire full timers for. Anyways, good luck to you.
"dont try to fool students and recruit them, consulting companies are bloodsuckers, no limit on 485 will never happen and u know it, nice try pal"
Shows me your depth of knowledge of how ALL consultancies work since you probably keep tabs on ALL of them. Regarding recruiting students, I don't need to recruit students. IV is a medium to help yourself, choose to do so or not at your own peril.
Passing judgment on all consultancies based on your experience with one or more is just called "generalization". I know quite a few consultancies where people make a lot of money and do things that company don't want to hire full timers for. Anyways, good luck to you.
more...
manishi
11-18 04:05 PM
I filed on july 23rd got ead & AP but did not get FP. After reading this thread and seeing the patterns i think that if your application is processed by the center where it has to originally go then you get your FP quickly but in cases where your application went to original center and then that center sent to other centers for EAD and/or AP then their FP's is getting delayed, like my self.
I also have another problem. I changed address just after applying for I-485.I think FP is NOT dependent on PD's and or address change.
This is just my 2 cents.
I also have another problem. I changed address just after applying for I-485.I think FP is NOT dependent on PD's and or address change.
This is just my 2 cents.
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spajay
08-21 01:13 AM
EB2 India
PD - Aug 2004
I485 RD - July 24th 2007
I485 ND - August 20th 2007
No LUDs. Just keeping my fingers crossed.
PD - Aug 2004
I485 RD - July 24th 2007
I485 ND - August 20th 2007
No LUDs. Just keeping my fingers crossed.
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dartkid31
05-25 12:06 PM
Canada has the stupidest immigration policy from the standpoint of policy maker if you ask me.
Dont get me wrong. It works great for us. For the immigrant. You get greencard on an independent petition(self-petition) and adjudicated based on points. And there is no numerical cap.
Guess what? It works great for everyone in the world, everyone has flocked there and caused and over supply of labor and 9% or higher unemployment. The way they count unemployment is also very Enron-like. They dont count people receiving unemployment benefits as unemployed. And then Jim Volpe will post on website "Canada has unemployment rate of 5-6%".
Anyways, if you want to immigrate to a country, you want to go where there is low unemployment. That is the biggest criteria for choice. USA's system HAS HUGE FLAWS. The employer petition-system creates a breeding ground for exploitation and the numerical cap is too low that results in delays that are unbearable. And yes, the DOL has come really close to making people commit suicide because of labor backlogs. But then, only the employer petition system can actually give greencards to THOSE WHO CAN SURVIVE and get jobs in the economy and not give greencards just because they scored points.
I know I will receive a lot of flak as I have before, and I wish there was points based system here in USA too with self-petition option like Canada, but trust me, if that happens, then this country will be full of people with greatest points,(obtained thru fake degrees and Ph.Ds from the whole world) and really really make the nightmares of NumbersUSA and FAIR become true, and it wont be worth living.
US systems needs major rework and increase in quota and increase in efficiency at USCIS and DOL. But getting rid of employer petition is going to make USA like Canada where Ph.Ds and doctors drive cabs and work in restaurants, but every one of those doctors and engineers would have greencard in 1 year.
There is a simple solution to the labor over-supply problem you mentioned above. How about making it a requirement to have a job or job offer in your field before you are allowed to apply. That way, the over-supply problem is solved, and the exploitation factor removed as well. And to weed out the fake graduate degrees, they could require that the degree come from a US school. I think most lawmakers would agree with me, and thats why they have written similar language into the underlying bill, although only for STEM's. Your main arguement (over-supply) would be irrelevant if those conditions were applied.
Dont get me wrong. It works great for us. For the immigrant. You get greencard on an independent petition(self-petition) and adjudicated based on points. And there is no numerical cap.
Guess what? It works great for everyone in the world, everyone has flocked there and caused and over supply of labor and 9% or higher unemployment. The way they count unemployment is also very Enron-like. They dont count people receiving unemployment benefits as unemployed. And then Jim Volpe will post on website "Canada has unemployment rate of 5-6%".
Anyways, if you want to immigrate to a country, you want to go where there is low unemployment. That is the biggest criteria for choice. USA's system HAS HUGE FLAWS. The employer petition-system creates a breeding ground for exploitation and the numerical cap is too low that results in delays that are unbearable. And yes, the DOL has come really close to making people commit suicide because of labor backlogs. But then, only the employer petition system can actually give greencards to THOSE WHO CAN SURVIVE and get jobs in the economy and not give greencards just because they scored points.
I know I will receive a lot of flak as I have before, and I wish there was points based system here in USA too with self-petition option like Canada, but trust me, if that happens, then this country will be full of people with greatest points,(obtained thru fake degrees and Ph.Ds from the whole world) and really really make the nightmares of NumbersUSA and FAIR become true, and it wont be worth living.
US systems needs major rework and increase in quota and increase in efficiency at USCIS and DOL. But getting rid of employer petition is going to make USA like Canada where Ph.Ds and doctors drive cabs and work in restaurants, but every one of those doctors and engineers would have greencard in 1 year.
There is a simple solution to the labor over-supply problem you mentioned above. How about making it a requirement to have a job or job offer in your field before you are allowed to apply. That way, the over-supply problem is solved, and the exploitation factor removed as well. And to weed out the fake graduate degrees, they could require that the degree come from a US school. I think most lawmakers would agree with me, and thats why they have written similar language into the underlying bill, although only for STEM's. Your main arguement (over-supply) would be irrelevant if those conditions were applied.
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GCStatus
09-16 08:20 PM
Is this a coincidence? Exactly after a month, I had my Green Card in hand. :D
Its called as Maya, In Vedas they say you chant what you want 24/7, you will get it coz your mind and subconscious mind is occupied in it.
Sages chant the Supreme, you chanted Green Card ;-)
Its called as Maya, In Vedas they say you chant what you want 24/7, you will get it coz your mind and subconscious mind is occupied in it.
Sages chant the Supreme, you chanted Green Card ;-)
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stucklabor
04-02 06:37 PM
Sent both
dresses Scanned from quot;Art Deco
prioritydate
08-06 01:08 PM
Did anyone got LUD on their I-140? I have an LUD on my I-140 on 04/20/2008. Most of the people got their LUD on 07/13/2008.
Can someone please confirm if they have an LUDs in April 2008?
Can someone please confirm if they have an LUDs in April 2008?
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ngopalak
03-03 02:37 PM
This is probably somebody playing a prank or worse somebody trying to cheat you...cannot imagine how though.....
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
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shoooker
04-09 12:56 PM
Guys.. i'm sick of this nonsense.. I mean this is ridiculous.. this is my second go around in this stupid lottery.. last year I hadn't graduated so they put me in the bachelors quota.. this year the freaking masters quota is full.. i have a genuine offer from one of the big 4 accounting firms.. and have work experience to back it up
i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..
simple non sense.. random selection .. my behind..
I really feel like sending flowers to the uscis similar to what the indian folks did last year..
i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..
simple non sense.. random selection .. my behind..
I really feel like sending flowers to the uscis similar to what the indian folks did last year..
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babu123
07-02 05:02 PM
Medicals: 335 for both
Photos: 30
Color xerox: 50
Gas mileage: 25
Attorney fee: 1500
Photos: 30
Color xerox: 50
Gas mileage: 25
Attorney fee: 1500
GCInThisLife
07-19 12:25 PM
Since we already applied for I-485, I am keeping my fingers crossed. Her employment letter (submitted) only says that she is employed with the company and her employment is valid till 2008.
Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.
I am sure so many in the same boat. Is there anything we could do?
Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.
I am sure so many in the same boat. Is there anything we could do?
Legal
07-25 02:13 PM
[QUOTE=alterego;267244]I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.QUOTE]
The titles of some of these threads have entertainment value:).
Like the one we had recently on "lovebirds separated by the cruelty of USCIS".
The titles of some of these threads have entertainment value:).
Like the one we had recently on "lovebirds separated by the cruelty of USCIS".
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