bachelor
09-24 08:08 AM
Hi All
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi Suresh,
I'm in the same situation as you are in.. Can you please let me know which option did you choose?..
Thanks in advance.
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi Suresh,
I'm in the same situation as you are in.. Can you please let me know which option did you choose?..
Thanks in advance.
wallpaper Hitman Reborn Wallpaper
asdcrajnet
07-17 10:57 AM
Here is for some one who cannot see. I deleted the content saved by IE addons...then I got the new dates
TEXAS
-----
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement January 13, 2007
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 April 14, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007
I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007
I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2007
I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors May 15, 2007
I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007
I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2007
I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2007
I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2007
I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2007
I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2007
I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2007
I-131 Application for Travel Document All other applicants for advance parole April 14, 2007
I-140 Immigrant Petition for Alien Worker Extraordinary ability January 13, 2007
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher January 13, 2007
I-140 Immigrant Petition for Alien Worker Multinational executive or manager January 13, 2007
I-140 Immigrant Petition for Alien Worker Schedule A Nurses January 13, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability January 13, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver January 13, 2007
I-140 Immigrant Petition for Alien Worker Skilled worker or professional January 13, 2007
I-140 Immigrant Petition for Alien Worker Unskilled worker January 13, 2007
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants October 04, 2006
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications August 07, 2006
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago August 01, 2004
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States January 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 14, 2007
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution August 19, 2006
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents January 13, 2007
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] April 28, 2007
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 28, 2007
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] April 28, 2007
I-765 Application for Employment Authorization All other applications for employment authorization April 28, 2007
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 13, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) January 13, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 January 13, 2007
TEXAS
-----
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement January 13, 2007
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 April 14, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007
I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007
I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2007
I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors May 15, 2007
I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007
I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2007
I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2007
I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2007
I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2007
I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2007
I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2007
I-131 Application for Travel Document All other applicants for advance parole April 14, 2007
I-140 Immigrant Petition for Alien Worker Extraordinary ability January 13, 2007
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher January 13, 2007
I-140 Immigrant Petition for Alien Worker Multinational executive or manager January 13, 2007
I-140 Immigrant Petition for Alien Worker Schedule A Nurses January 13, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability January 13, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver January 13, 2007
I-140 Immigrant Petition for Alien Worker Skilled worker or professional January 13, 2007
I-140 Immigrant Petition for Alien Worker Unskilled worker January 13, 2007
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants October 04, 2006
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications August 07, 2006
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago August 01, 2004
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States January 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 14, 2007
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution August 19, 2006
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents January 13, 2007
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] April 28, 2007
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 28, 2007
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] April 28, 2007
I-765 Application for Employment Authorization All other applications for employment authorization April 28, 2007
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 13, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) January 13, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 January 13, 2007
gc28262
02-21 07:59 AM
Have LCA for the current location also handy.
2011 Hitman Reborn Wallpaper by
days_go_by
01-31 12:59 PM
Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.
--------
No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.
01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow
* The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.
--------
No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.
01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow
* The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.
more...
shreekhand
04-29 04:36 PM
One thing... one has to go to make real effors to make far-fetched connections between the elimination of US planes in the down-select of MMRCA and immigration!
That said... on the topic of F-22, with the Sukhoi T-50 joint development, India is on the path to get a 5th generation fighter by 2017. So F-22 in the fray or not is irrelevant. The MMRCA RFP is for a different class of fighters.
F-22's are not up for sale, how did you got that idea
That said... on the topic of F-22, with the Sukhoi T-50 joint development, India is on the path to get a 5th generation fighter by 2017. So F-22 in the fray or not is irrelevant. The MMRCA RFP is for a different class of fighters.
F-22's are not up for sale, how did you got that idea
gsc999
07-27 03:03 PM
Guys, don't take ownership and don't judge what other can do or can't do.
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
---
Can someone explain to me, why should we call USCIS and inquire about receipt notices just weeks after filing AOS application when USCIS clearly states that it takes 30 days to process a receipt. Can we at least respect that piece of information and wait for 30 days before calling?
Did I get that 30 day receipt processing period wrong?
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
---
Can someone explain to me, why should we call USCIS and inquire about receipt notices just weeks after filing AOS application when USCIS clearly states that it takes 30 days to process a receipt. Can we at least respect that piece of information and wait for 30 days before calling?
Did I get that 30 day receipt processing period wrong?
more...
gcformeornot
08-10 12:37 PM
Yes, I did use LS.
But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.
Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.
And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.
Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.
And it was always legal to do it. And may be many people and employers misused it. Shout at those people.
As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.
And I bet, people who had an opportunity like me would do it.
And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.
And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.
jump line by one year Right? If you own labor wasn't going anywhere why not apply for new one since your multibillion dollar company looks ready to do anything for you?
But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.
Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.
And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.
Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.
And it was always legal to do it. And may be many people and employers misused it. Shout at those people.
As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.
And I bet, people who had an opportunity like me would do it.
And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.
And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.
jump line by one year Right? If you own labor wasn't going anywhere why not apply for new one since your multibillion dollar company looks ready to do anything for you?
2010 Flames Katekyo Hitman Reborn
vamsi_poondla
09-28 01:04 AM
look the same. From those Anti_immigrant, anti-foriegn programers group. Wake up buddy you should welcome new immigrants or you and your father won't get your social security payment. That's reality. Becoz all of your children are working in either Burger Kings or McDonald's without working hard for thier degrees. And I agree they work hard on asking you if it is TO GO or for here. You want any soda?
Go Figure!
In what way this is related to the post? You need not flare up and bring all this crap if someone like cnndwag wanted to say what he felt obvious.
For me it looks like an honest mistake or intended mistake by someone who wants to get GC fast. (and getting GC in EB2 or EB1 is not a great award..it just reduces the queue). If what IV is fighting for is achieved, nobody cares to switch the categories as everybody will get their GC on time.
Go Figure!
In what way this is related to the post? You need not flare up and bring all this crap if someone like cnndwag wanted to say what he felt obvious.
For me it looks like an honest mistake or intended mistake by someone who wants to get GC fast. (and getting GC in EB2 or EB1 is not a great award..it just reduces the queue). If what IV is fighting for is achieved, nobody cares to switch the categories as everybody will get their GC on time.
more...
sku
12-18 07:32 PM
I filed my I-485 on 2nd July 2007, My 180 days completes on 29th Dec 2007
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
hair Chrome Wallpaper
MightyIndian
02-29 01:59 PM
I have sent the letters to both WH and to my state congressman who happens to be a co-chair of India Caucus.
more...
abhijitp
09-21 03:40 PM
What has this rally given us?
Well, I can tell you that whoever flew in/ drove in/ walked 4 miles between noon and 2:30pm is convinced of the need for an organized and peaceful battle against the unfair and broken green card process. The 1000 souls that showed up on that day, besides those who pitched in any way to help them, will find sending webfaxes and meeting their lawmakers (locally) to be a piece of cake. Once that happens, things can only get better for us as a community!
Well, I can tell you that whoever flew in/ drove in/ walked 4 miles between noon and 2:30pm is convinced of the need for an organized and peaceful battle against the unfair and broken green card process. The 1000 souls that showed up on that day, besides those who pitched in any way to help them, will find sending webfaxes and meeting their lawmakers (locally) to be a piece of cake. Once that happens, things can only get better for us as a community!
hot HQ HITMAN REBORN WALLPAPERS
hopefull
07-06 09:13 PM
Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D
Thanks MBA - finally some body educated and sees seye to eye with me ..not on of those blue collar workers of the white collar industry
Thanks MBA - finally some body educated and sees seye to eye with me ..not on of those blue collar workers of the white collar industry
more...
house Hitman Reborn Wallpaper
eb3retro
10-29 02:32 PM
So, you are saying that you are irreplaceable? Dare to post your skillset? I bet I can find atleast 10 americans (resumes or candidates who are looking for a job) in 10 minutes time in your skill set. Wanna give it a shot?
If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.
If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.
tattoo Katekyo Hitman Reborn!
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.
more...
pictures katekyo hitman reborn
jchan
06-05 09:46 AM
I found some things in our favor:
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
3. Once you have an approved I-140, you will never be subject to H1B cap:
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
....
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
3. Once you have an approved I-140, you will never be subject to H1B cap:
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
....
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?
dresses Hitman Reborn! Wallpaper
hebbar77
05-18 07:07 PM
Hello Hebbar,
:) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..
The proposal is good, why not try it? What needs to be done?
You made my day!
:) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..
The proposal is good, why not try it? What needs to be done?
You made my day!
more...
makeup Hitman Reborn Wallpaper
santb1975
01-12 12:48 AM
^^^
girlfriend is Katekyo Hitman Reborn!
jsb
01-13 12:12 PM
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?...
Thanks,
Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.
Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?...
Thanks,
Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.
Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.
hairstyles Katekyo Hitman Reborn!
shana04
11-04 04:00 PM
coming soon..rated r, for scary images....will make everyone cry!!
Playing on a computer screen near you!!!.....
'v-i-s-a b-u-l-l-e-t-i-n...december 2009"
*disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for eb-xi/c, eb-3 row.country of birth restrictions apply.
good one!
Playing on a computer screen near you!!!.....
'v-i-s-a b-u-l-l-e-t-i-n...december 2009"
*disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for eb-xi/c, eb-3 row.country of birth restrictions apply.
good one!
gc_on_demand
11-21 11:29 AM
Dear Friends,
As per yesterday�s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.
Floor Summary: http://clerk.house.gov/floorsummary/floor.html
3:02 P.M. -
The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.
HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.
I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.
Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.
We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.
Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.
So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.
Let�s keep HOPE alive!
I was pushing it for week. I tried to email her. It didnot work out.. On her website if you are not from her constitute it will not allow to send message. I called her office to and lady asked me details first like name , address and she said I should call my local rep. Also she didnot give any details on HR 5882. I was asking support from some member from her consitute and get the thing going ..no one showed interest. People are busy on AC21 thing. I think its good for them but doesnot matter for me who didont even file I 485.
We are in such a minority in terms of immigrants. 12 mil Illegal Vs 500k legal ( who are waiting for visa ) Out of that who knows how many we are on this site ? may be 10 % or less.. and people starts campaign for AC21 which brings number even smaller. How can we get success... We should think broad. The whole point of this was forum should be for every one. I know we had done a progress. (1) We did good job on July fiasco. only helped those who were waiting for filling 485.. ( may be 90 % of population of this site . )
(2) then we did good job for 2 year of EAD
(3) Now AC21..
but this is helping only few % of us. and becoming less and less as some senior members get GC and leave site.. In order to attrack more and more people we should be broad. Our primary goal should be Backlog and increase visa .. Unless congress increase visa nothing will happen to backlog.
Good start and let me know if you need some help on this campaign.
As per yesterday�s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.
Floor Summary: http://clerk.house.gov/floorsummary/floor.html
3:02 P.M. -
The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.
HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.
I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.
Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.
We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.
Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.
So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.
Let�s keep HOPE alive!
I was pushing it for week. I tried to email her. It didnot work out.. On her website if you are not from her constitute it will not allow to send message. I called her office to and lady asked me details first like name , address and she said I should call my local rep. Also she didnot give any details on HR 5882. I was asking support from some member from her consitute and get the thing going ..no one showed interest. People are busy on AC21 thing. I think its good for them but doesnot matter for me who didont even file I 485.
We are in such a minority in terms of immigrants. 12 mil Illegal Vs 500k legal ( who are waiting for visa ) Out of that who knows how many we are on this site ? may be 10 % or less.. and people starts campaign for AC21 which brings number even smaller. How can we get success... We should think broad. The whole point of this was forum should be for every one. I know we had done a progress. (1) We did good job on July fiasco. only helped those who were waiting for filling 485.. ( may be 90 % of population of this site . )
(2) then we did good job for 2 year of EAD
(3) Now AC21..
but this is helping only few % of us. and becoming less and less as some senior members get GC and leave site.. In order to attrack more and more people we should be broad. Our primary goal should be Backlog and increase visa .. Unless congress increase visa nothing will happen to backlog.
Good start and let me know if you need some help on this campaign.
EdGMan
04-13 04:49 PM
Hi everyone,
Have a lot of patience my wife and I have been patiently waiting for this and now it's finally here.
We've been here in different situations below....
Myself
1997 - H1B
2000 - LC filing
2001 - LC cancelled by company because of 911. If company responded to RFE, Labor could have been certified.
2006 - Laid off while on 9th yr of H1
2007 - Back on H1 transfer
Spouse
1998 - H1B
2001 - Filed LC because my company cancelled LC
2003(Mar) - PD
2005(Sep) - LC approved
2005(Dec) - I-140 approved
2007(Apr) - Can file AOS/EAD now
The secret.....
PRAY, PRAY, PRAY. Nothing beats it.
To those who don't know, it took Noah 120 yrs. of faith and hope to built his arc when he was asked to, by Our Heavenly Father.
Regards and CONRATULATIONS to all who can file AOS and EAD now.
More power to IV team.
Have a lot of patience my wife and I have been patiently waiting for this and now it's finally here.
We've been here in different situations below....
Myself
1997 - H1B
2000 - LC filing
2001 - LC cancelled by company because of 911. If company responded to RFE, Labor could have been certified.
2006 - Laid off while on 9th yr of H1
2007 - Back on H1 transfer
Spouse
1998 - H1B
2001 - Filed LC because my company cancelled LC
2003(Mar) - PD
2005(Sep) - LC approved
2005(Dec) - I-140 approved
2007(Apr) - Can file AOS/EAD now
The secret.....
PRAY, PRAY, PRAY. Nothing beats it.
To those who don't know, it took Noah 120 yrs. of faith and hope to built his arc when he was asked to, by Our Heavenly Father.
Regards and CONRATULATIONS to all who can file AOS and EAD now.
More power to IV team.
0 comments:
Post a Comment