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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Hewa
07-02 04:19 PM
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raysaikat
06-05 05:09 PM
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
If I am reading the memo correctly, there is more to it. Suppose person 'X' is working for a cap-exempt employer "A". Now s/he can do the following:
(i) get a "concurrent" H1-B for a cap-subject employer "B". During this time the person 'X' continues his/her employment with the cap-exempt employer "A".
(ii) Once the H1-B is approved, s/he can stop working for the cap-exempt employer "A" and continue full time work with the cap-subject employer "B".
However, later on if person "X" wants to move to another cap-subject employer "C", then "X" needs to wait for H1-B quota numbers.
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
If I am reading the memo correctly, there is more to it. Suppose person 'X' is working for a cap-exempt employer "A". Now s/he can do the following:
(i) get a "concurrent" H1-B for a cap-subject employer "B". During this time the person 'X' continues his/her employment with the cap-exempt employer "A".
(ii) Once the H1-B is approved, s/he can stop working for the cap-exempt employer "A" and continue full time work with the cap-subject employer "B".
However, later on if person "X" wants to move to another cap-subject employer "C", then "X" needs to wait for H1-B quota numbers.
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chansek
07-23 07:40 PM
Hi,
Self E Filed Travel Document I-131 for my wife, I forgot to fill the Class of Admission field as H4 and submitted the application. Got the SRC Receipt number.
Please let me know any one in the same situation and advise what are the options do i have.
Thanks,
chansek.
Self E Filed Travel Document I-131 for my wife, I forgot to fill the Class of Admission field as H4 and submitted the application. Got the SRC Receipt number.
Please let me know any one in the same situation and advise what are the options do i have.
Thanks,
chansek.
more...
desi_voice
04-16 03:56 PM
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
EAD
11-13 10:48 AM
Hi, I got the email today that my AP has approved and they have mailed the document.
Few things i did to expedite so that I don't have to cancel my tickets and thanksgiving plans.
5 Days before the end of 90 days. I called NSC and requested to expedite the process in financial loss category. They told me that I'll get some information with in 5 days. I got letter in mail that they are working on it. Regular receipt letter nothing much information
2) Exactly after 90 days of filing my application (Nov 4th) I took an infopass appointment to talk to the officer. She told me that we cannot expedite as this is not a medical emergency or any other kind of emergency. I told her that i have already got my tickets and i made the plans after normal processing times of 90 days. She said she cannot do anything except sending an email to USCIS about my case. She also said if you have any family medical emergency we can issue a AP here but as I don't have one we cannot do anything.
3) Same day I sent a cover letter with DHS Form 7001 to CIS Ombudsman explaining my situation including copy of financial loss documents (tickets and all.)
After around 9 days I got a email today that its approved. I had lost hope and was planning to cancel my tickets coming Monday.
I am not sure whats the reason it got approved. May be its just over 90 days and it was supposed to get approved or its because of CIS Ombudsman.
I am glad that now I can travel as planned next week and don't have to cancel my tickets provided I'll get the document in hand early next week.
Few things i did to expedite so that I don't have to cancel my tickets and thanksgiving plans.
5 Days before the end of 90 days. I called NSC and requested to expedite the process in financial loss category. They told me that I'll get some information with in 5 days. I got letter in mail that they are working on it. Regular receipt letter nothing much information
2) Exactly after 90 days of filing my application (Nov 4th) I took an infopass appointment to talk to the officer. She told me that we cannot expedite as this is not a medical emergency or any other kind of emergency. I told her that i have already got my tickets and i made the plans after normal processing times of 90 days. She said she cannot do anything except sending an email to USCIS about my case. She also said if you have any family medical emergency we can issue a AP here but as I don't have one we cannot do anything.
3) Same day I sent a cover letter with DHS Form 7001 to CIS Ombudsman explaining my situation including copy of financial loss documents (tickets and all.)
After around 9 days I got a email today that its approved. I had lost hope and was planning to cancel my tickets coming Monday.
I am not sure whats the reason it got approved. May be its just over 90 days and it was supposed to get approved or its because of CIS Ombudsman.
I am glad that now I can travel as planned next week and don't have to cancel my tickets provided I'll get the document in hand early next week.
more...
god_bless_you
03-16 11:40 AM
can we stress on getting unused 100,000 unused visa numbers from previous years in mean time as a short term relief!!
is new bill required for doing this ?
is new bill required for doing this ?
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pappu
06-17 10:02 AM
Thank you for taking this initiative
more...
go_guy123
05-11 01:06 PM
WASHINGTON � Democrats are trying once again to advance legislation that would give some young illegal immigrants a chance to live legally in the U.S.
Sen. Dick Durbin of Illinois plans to file a new DREAM Act bill on Wednesday. In the House, Rep. Howard Berman of California plans to file similar legislation.
Generally, to qualify the young immigrants must have a high school diploma or the equivalent and have spent two years in college or the military. They must have been under 16 when they arrived in the U.S.
At least one Republican, Rep. Ileana Ros-Lehtinen of Florida, is co-sponsoring the House bill.
The bill filings would follow a speech Tuesday in Texas on immigration by President Barack Obama.
Read more: Democrats to try again on DREAM Act - FoxNews.com (http://www.foxnews.com/us/2011/05/10/democrats-try-dream-act/#ixzz1M3rtftS0)
All token stunt by Democratic party before 2012. Last time they failed in lame duck but with GOP in power even Latino groups are not energised by it
Sen. Dick Durbin of Illinois plans to file a new DREAM Act bill on Wednesday. In the House, Rep. Howard Berman of California plans to file similar legislation.
Generally, to qualify the young immigrants must have a high school diploma or the equivalent and have spent two years in college or the military. They must have been under 16 when they arrived in the U.S.
At least one Republican, Rep. Ileana Ros-Lehtinen of Florida, is co-sponsoring the House bill.
The bill filings would follow a speech Tuesday in Texas on immigration by President Barack Obama.
Read more: Democrats to try again on DREAM Act - FoxNews.com (http://www.foxnews.com/us/2011/05/10/democrats-try-dream-act/#ixzz1M3rtftS0)
All token stunt by Democratic party before 2012. Last time they failed in lame duck but with GOP in power even Latino groups are not energised by it
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seratbabu
02-19 06:23 PM
Did you recieve the RFE yet ?What was it about. Mine is a similar case. We both have LUDs on 02/10 and my wife's 485 recieved an RFE email today.
Not yet. Did not hear from my attorney either. My 485 got another LUD today. Did any of the folks receive the actual RFE? Please post details once you get it, and I will do the same.
Here is the latest update from me:
My 485 had LUDs on 02/10, 02/13, 02/17, 02/18 and 02/19. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent.
Not yet. Did not hear from my attorney either. My 485 got another LUD today. Did any of the folks receive the actual RFE? Please post details once you get it, and I will do the same.
Here is the latest update from me:
My 485 had LUDs on 02/10, 02/13, 02/17, 02/18 and 02/19. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent.
more...
gc_check
06-27 08:17 AM
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Dude, From your previous posts looks like you have already filed and got your receipt notice.
http://immigrationvoice.org/forum/showthread.php?p=87755#post87755
http://immigrationvoice.org/forum/showthread.php?p=80880#post80880
Well, this is not a good idea ... and obviously every one is as anxious as others to get their papers filed on time. This does not make sense at all. I read your posting history and notice your posts with GC approval and also about receipt notice for spouse.
What is goin on with you ?
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Dude, From your previous posts looks like you have already filed and got your receipt notice.
http://immigrationvoice.org/forum/showthread.php?p=87755#post87755
http://immigrationvoice.org/forum/showthread.php?p=80880#post80880
Well, this is not a good idea ... and obviously every one is as anxious as others to get their papers filed on time. This does not make sense at all. I read your posting history and notice your posts with GC approval and also about receipt notice for spouse.
What is goin on with you ?
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dilbert_cal
02-20 11:50 PM
Can you provide more details about your case ? - EB ? , PD ?, any RFE ? state ?....
more...
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nk29
08-05 12:32 PM
GCMaine:
I agree with Eb3Retro... My husband did his PMP Certification on his own.. he used a couple of pmi guides that he bought from amazon.com in addition to the PMBOK book. he worked on this certification for 3 to 4 months and passed it. It is possible. It is quite useful according to him if you want to lead teams. No need to spend money on this training.
NK29
I agree with Eb3Retro... My husband did his PMP Certification on his own.. he used a couple of pmi guides that he bought from amazon.com in addition to the PMBOK book. he worked on this certification for 3 to 4 months and passed it. It is possible. It is quite useful according to him if you want to lead teams. No need to spend money on this training.
NK29
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ryan
07-13 02:07 PM
[QUOTE=dineshksharma;487749]"Long Journey. Finally GC
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area.....QUOTE]
Inspirational stuff, indeed. Congratulations.
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area.....QUOTE]
Inspirational stuff, indeed. Congratulations.
more...
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Libra
01-11 12:42 PM
please cast your vote
I sent the letter to the President and copy to IV on 01/08/2007.
I sent the letter to the President and copy to IV on 01/08/2007.
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alterego
12-14 06:56 AM
Labour Sub the way it is used is legal but not necessarily moral. However the USCIS has always looked at this ONLY from the EMPLOYERS eyes and therefore don't see much wrong in it. I am sure this is one thing we would agree with the programmers guild on.
The really scary thing is "Vintage wine" is really precious and very much in demand. However if it were available in huge quantities, it would be had as often as you want. Problem for us is that with BECs moving applications very fast, there will be sure to be many more of these floating around and freely available. As long as they allow this, the pace of movement of PDs will be anemic at best.
One argument to be made which might get more traction is that this practice is unfair to the newer companies as compared to more established ones.
The stench of this system is at times unbearable. I have always said, it selects its criteria and positively discriminates on such things such as place of birth, yet places little value on the importance of a particular skill set (after all it is EB immgration we are talking about). In many ways it is its simplicity as a system in a much more complex and manipulative world that causes these problems. Whether this is by design or not is another discussion. Either way it stinks!
The really scary thing is "Vintage wine" is really precious and very much in demand. However if it were available in huge quantities, it would be had as often as you want. Problem for us is that with BECs moving applications very fast, there will be sure to be many more of these floating around and freely available. As long as they allow this, the pace of movement of PDs will be anemic at best.
One argument to be made which might get more traction is that this practice is unfair to the newer companies as compared to more established ones.
The stench of this system is at times unbearable. I have always said, it selects its criteria and positively discriminates on such things such as place of birth, yet places little value on the importance of a particular skill set (after all it is EB immgration we are talking about). In many ways it is its simplicity as a system in a much more complex and manipulative world that causes these problems. Whether this is by design or not is another discussion. Either way it stinks!
more...
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gc4arun
08-19 10:57 AM
pending NC, that's what I hear everyime I am lucky to be connected to second level CSR /IO
NC is cleared( source: Recent Infopass appt )
NC is cleared( source: Recent Infopass appt )
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CADude
01-05 05:22 PM
Please try. If nothing works out (like me) still you have satisfaction you did your part. :)
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H1bslave
06-24 01:26 PM
surprising there is no update at all for us so far:confused:
Rohan99
09-19 11:04 PM
I think there should be age restriction to register on this website so that we can avoid such people. Or basic IQ test to pass...ha...ha....
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
boreal
08-11 10:18 PM
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?
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