micofrost
06-02 01:55 PM
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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 !!!
dummgelauft
11-12 09:41 AM
thats a good idea, and at the same time we also need to show our numbers.
I would say, lets make this a $5 monthly membership org. IV can help you much more than your Immigration attorney can.
I'm not aware of any one else who directly deals with USCIS and with chambers of govt.
Yes focus is needed right now, since after 4 years CIR is off the table and its time for piece meal bills which need renewed campaigning
Many are a bit selfish just concerned with their particular case and want a quick answer, but don't want to help the high skilled community as a whole.
you can click on member list and just on top the current count is 45,676
Tony, IV core is not even willing to consider the $12/yr idea, leave alone $5/mth.
Send a message to Pappu and see what he says.
I would say, lets make this a $5 monthly membership org. IV can help you much more than your Immigration attorney can.
I'm not aware of any one else who directly deals with USCIS and with chambers of govt.
Yes focus is needed right now, since after 4 years CIR is off the table and its time for piece meal bills which need renewed campaigning
Many are a bit selfish just concerned with their particular case and want a quick answer, but don't want to help the high skilled community as a whole.
you can click on member list and just on top the current count is 45,676
Tony, IV core is not even willing to consider the $12/yr idea, leave alone $5/mth.
Send a message to Pappu and see what he says.
2011 forest/img/food%20chain-1.
weasley
05-30 06:30 AM
I also voted No to HR 1868
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
more...
Libra
07-10 10:37 AM
Only a regular Lou Dobbs watcher will know, Lou never read a negative message posted by audiance on his show, and he will read only those messages who are racist, and literally hates immigrants.
My experience is sending messages to the person whom we are going to target won't help. We need to counter attack using a different and equally powerful channel. The negative comments we post on Lou Dobbs and CNN are never posted or maybe never read to the end.
My experience is sending messages to the person whom we are going to target won't help. We need to counter attack using a different and equally powerful channel. The negative comments we post on Lou Dobbs and CNN are never posted or maybe never read to the end.
chanduv23
03-21 11:16 AM
NYC members - please respond to me. Lets coordinate on this.
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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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apnair2002
04-01 10:20 PM
Sent faxes
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snathan
04-29 09:57 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?
Tell me one country in this world which is giving 140K GC for skilled immigrants and alomst 1 million GCs for immigrants...
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?
Tell me one country in this world which is giving 140K GC for skilled immigrants and alomst 1 million GCs for immigrants...
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sys_manus
01-28 09:49 AM
Well said..
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kaisersose
05-13 05:14 PM
I am the primary applicant. I am planning to get married in next 1 year or so with a girl from India. If I get my GC then she will fall under family based which will take years for her to come here. I do not mind moving back if that happens.
Since I have valid H1 can I do something,
There is no reason for you to pull out your 485. Get your divorce expedited and get married quickly and you should be OK as EB3 India is not really moving forward unless there is a visa recapture or something like that.
Your spouse will of course lose her 485 and will have to start afresh. But I assume she already knows this and is OK with that.
Since I have valid H1 can I do something,
There is no reason for you to pull out your 485. Get your divorce expedited and get married quickly and you should be OK as EB3 India is not really moving forward unless there is a visa recapture or something like that.
Your spouse will of course lose her 485 and will have to start afresh. But I assume she already knows this and is OK with that.
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bostonqa
04-17 11:19 PM
Lost in the big hoopla of 1 yr jump and hopes of similar advancement for others in May VB are the following facts.
1. USCIS is about to raise fees for all immigration related procedures beginning from June 1st
2. Visa quota ends in September and it takes on an average of 4-6 months to process I-485.
Let me detail 2nd step. If they move dates forward by say 1 yr and thousands become eligible for 485. They will accept those cases, get fees from those lucky souls and make the dates unavailable after 1-2 months. Remember last year they were moving dates by 6 months till they made it UNAVILABLE for August and September.
1. USCIS is about to raise fees for all immigration related procedures beginning from June 1st
2. Visa quota ends in September and it takes on an average of 4-6 months to process I-485.
Let me detail 2nd step. If they move dates forward by say 1 yr and thousands become eligible for 485. They will accept those cases, get fees from those lucky souls and make the dates unavailable after 1-2 months. Remember last year they were moving dates by 6 months till they made it UNAVILABLE for August and September.
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house Forest Ecosystem Food Web
longq
12-29 05:55 PM
Because, till 2005 there were extra 100,000 (total 242,000 were issued) recapturd numbers available. Therefore, no one cared (DOS/USCIS) about AC21 law that removes country quota. EB2 were curren for all then.
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purgan
01-31 10:14 AM
If they're asking for 150% more money, is the service going to be 150% better too??? Are we going to get our forms processed 150% faster too??
Since USCIS calls itself a "customer-focussed" organization, I certainly hope so...
Since USCIS calls itself a "customer-focussed" organization, I certainly hope so...
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pictures In this forest ecosystem,
GCAmigo
12-21 09:31 AM
Atleast someone is hearing our voices.
Does H4 to H1 conversion counts H1B numbers right?
:confused:
-Madhu
YES it falls under the dreaded cap!
Does H4 to H1 conversion counts H1B numbers right?
:confused:
-Madhu
YES it falls under the dreaded cap!
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amitga
07-19 10:38 AM
Get her medical examination done in India.
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happystar
08-01 09:39 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
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Circus123
07-10 08:04 AM
In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
We should stick to getting our goals achieved instead of fighting those who are fighting us.
Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...
We should stick to getting our goals achieved instead of fighting those who are fighting us.
Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...
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stucklabor
04-02 06:37 PM
Sent both
eb3_nepa
12-21 09:37 AM
I think there is goin to be a mad rush for H1 filing.. com e April & the 2007-08 quota will be over in a jiffy...
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
ramaonline
08-27 09:44 PM
You must send 2 photos when you file I131 online - This link has all details
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3be194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
The mailing address can be found in the confirmation receipt
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3be194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
The mailing address can be found in the confirmation receipt
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