Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
wallpaper 1017 Brick Squad CEO/Rapper
BharatPremi
11-06 11:28 AM
Thanks bharatpremi - thats a pretty comprehensive scenario.! Very helpful indeed.!
My Infopass appt. is next week in baltimore. My EAD & AP are still pending for both me and my wife. 90 days was y'day.! USCIS recd. our EAD & AP applications on 8/7.
I have scheduled my appt. for tuesday morning. I could provide only my info (A# and receipt #) online - can i take my wife along too although she hasn't officially scheduled a appt for tuesday with me.? Do you know if they may object when we have filled ii only 1 person online but 2 show up for the appt.?
Thanks.!
I think you should not face any problem. I went alongwith my wife (Although I took appintmnet for 4 but my children did not come for obvious reason - school day) and Guard, Guy at window or lady at the counter none of them asked a single question to my wife. So I believe if your wife come alongwith during an appintment, you should not face any problem. All in all for me total process was not more than 30 -40 minutes. So in case if they hesitate to let her in she can wait outside either in a car or in waiting room (Assuming Baltimore has same facility as Dallas)
My Infopass appt. is next week in baltimore. My EAD & AP are still pending for both me and my wife. 90 days was y'day.! USCIS recd. our EAD & AP applications on 8/7.
I have scheduled my appt. for tuesday morning. I could provide only my info (A# and receipt #) online - can i take my wife along too although she hasn't officially scheduled a appt for tuesday with me.? Do you know if they may object when we have filled ii only 1 person online but 2 show up for the appt.?
Thanks.!
I think you should not face any problem. I went alongwith my wife (Although I took appintmnet for 4 but my children did not come for obvious reason - school day) and Guard, Guy at window or lady at the counter none of them asked a single question to my wife. So I believe if your wife come alongwith during an appintment, you should not face any problem. All in all for me total process was not more than 30 -40 minutes. So in case if they hesitate to let her in she can wait outside either in a car or in waiting room (Assuming Baltimore has same facility as Dallas)
immilaw
12-12 12:50 PM
Great News for EB3 INDIA. Moved 2 weeks and most imp crossed April 30 barrier.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
2011 ENT 1017 BRICK SQUAD ITS A
sanju
02-21 07:40 AM
The first thing to do in call your attorney and ask him to be with you when any uscis or ice guy shows up. Right to an attorney is a basic right. Do not think that u will offend ice officer if u have u'r attorney present. Do not think that u'r charming personality will put u in the good books of ice. If I were u, I would not do anything, without consulting my attorney in such a matter.
Also, keep bank stmts and all recent paystubs handy, along with past exp. Letters and degree/certificates. Copiew of h1 + gc petition/approval would be good to have.
.
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
Also, keep bank stmts and all recent paystubs handy, along with past exp. Letters and degree/certificates. Copiew of h1 + gc petition/approval would be good to have.
.
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
more...
amsgc
05-15 12:40 PM
NH123:
1. Go to the home page
2. Click on the Forums tab in the menu on the left
3. Select the appropriate Section (Non Immigrant visas in your case)
4. Now click at the forum tools (top right corner). You will see an option to post a new thread in the drop down menu.
...
I am asking this question in this thread as i dont know how to start new thread.
....
1. Go to the home page
2. Click on the Forums tab in the menu on the left
3. Select the appropriate Section (Non Immigrant visas in your case)
4. Now click at the forum tools (top right corner). You will see an option to post a new thread in the drop down menu.
...
I am asking this question in this thread as i dont know how to start new thread.
....
Soul
02-13 04:31 AM
Oh wow a tie, thats kinda cool :beam:
Congrats Eilsoe :bounce:
Well done everyone else too, I liked all the entries :)
This has got to be the biggest battle yet, most entries, most quality and most votes! :)
- Soul :goatee:
Congrats Eilsoe :bounce:
Well done everyone else too, I liked all the entries :)
This has got to be the biggest battle yet, most entries, most quality and most votes! :)
- Soul :goatee:
more...
gimme_GC2006
08-20 09:10 PM
I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.
Well..they lied to you..that is good enough in this country to sue them.
If you want to whip their a** dont think what reason should you go with, take whatever comes to you.
Also post the company details so that fellow desis wont become prey..
Well..they lied to you..that is good enough in this country to sue them.
If you want to whip their a** dont think what reason should you go with, take whatever comes to you.
Also post the company details so that fellow desis wont become prey..
2010 Gucci Mane: Bricksquad Mafia
neelu
04-20 03:23 AM
Me too.
I added some facts about how much I paid in SSN, Medicare, Fed and State taxes (in the last 10 years that I have been here) as well as some detail about what I'm contributing (patent pending) to this country. Another thing I mentioned was about my volunteering during the 2008 campaign (implying that I would be voting for the president's party if I ever become a US citizen in 2050 :~).
Thank you, MMJ, for taking the initiative.
I also sent my letter to WH today.
Good job MMJ.
I added some facts about how much I paid in SSN, Medicare, Fed and State taxes (in the last 10 years that I have been here) as well as some detail about what I'm contributing (patent pending) to this country. Another thing I mentioned was about my volunteering during the 2008 campaign (implying that I would be voting for the president's party if I ever become a US citizen in 2050 :~).
Thank you, MMJ, for taking the initiative.
I also sent my letter to WH today.
Good job MMJ.
more...
apnair2002
04-01 10:20 PM
Sent faxes
hair From 1017 Brick Squad
Ram_C
11-09 01:18 PM
anyone of you see a pattern here with this FP notice delay??
or USCIS is still claiming its consistency in being inconsistent :rolleyes:
or USCIS is still claiming its consistency in being inconsistent :rolleyes:
more...
DSJ
07-17 10:12 AM
Man I-485 Texas procesing dates went back to August 07 2006
hot 1017BrickSquadMOP-1.jpg
sledge_hammer
02-27 05:57 PM
It is evident to anyone following this thread who hijacked it. I was only responding to the OP when you came here with your crappy comments about how people should not enforce personal morals on drug traffickers.
Why don't you explain to everyone how is telling the OP that we do not condone taking or selling drugs something of a personal opinion?
If your next post does not address the issue, then we all know who the real immature person is. Unless you have an answer, I will consider this case closed.
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
Why don't you explain to everyone how is telling the OP that we do not condone taking or selling drugs something of a personal opinion?
If your next post does not address the issue, then we all know who the real immature person is. Unless you have an answer, I will consider this case closed.
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
more...
house 1017 Brick Squad/Asylum/Warner
chanduv23
11-16 03:10 PM
but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
tattoo 1017BrickSquadMOP-1-1.jpg
Pagal
06-24 02:14 PM
Hello,
Great! I sent individual messages to all senators through their websites and was able to send a 'hand delivered' message to Jeff Sessions for $8.95 through following website (https://ssl.congress.org/congressorg/mailapp/).
For those interested, here is the link to the body of the message (http://immigrationvoice.org/forum/members-forum/24810-viral-video-clear-up-legal-immigration-issues.html#post383866).
I know that I'm focusing on a small part of what our community needs, but hope it's a small step to improve immigration for us and all future immigrants.
Great! I sent individual messages to all senators through their websites and was able to send a 'hand delivered' message to Jeff Sessions for $8.95 through following website (https://ssl.congress.org/congressorg/mailapp/).
For those interested, here is the link to the body of the message (http://immigrationvoice.org/forum/members-forum/24810-viral-video-clear-up-legal-immigration-issues.html#post383866).
I know that I'm focusing on a small part of what our community needs, but hope it's a small step to improve immigration for us and all future immigrants.
more...
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venkygct
09-03 03:38 PM
^^^^^^^
dresses #rick squad #1017 brick
gcformeornot
08-21 10:07 AM
I guess this is wrong. I did talk to the OIG this morning and was told that this is a fraud and they can investigate the case
Please.
Please.
more...
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Jaime
05-26 10:35 AM
Thanks!
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ek_akela
02-11 07:29 PM
For AP renewal, do I need to send photos by mail again? I thought USCIS uses the picture on file. Folks please correct me if I am wrong. Could some one PM me the letter format?
Appreciate your help
This is the part I don't understand, during Efile on the intrsuctions list, it never says that you have to send photos
Here is the list
DO attach one copy of this Confirmation Receipt as a cover page for the supporting documentation that you
are submitting.
� DO keep the extra copy of the Confirmation Receipt and the copy of the application for your records.
� DO NOT send a copy of your e-filed application with your supporting documentation.
� DO NOT include any applications or fees with your supporting documentation for this e-filed application.
Appreciate your help
This is the part I don't understand, during Efile on the intrsuctions list, it never says that you have to send photos
Here is the list
DO attach one copy of this Confirmation Receipt as a cover page for the supporting documentation that you
are submitting.
� DO keep the extra copy of the Confirmation Receipt and the copy of the application for your records.
� DO NOT send a copy of your e-filed application with your supporting documentation.
� DO NOT include any applications or fees with your supporting documentation for this e-filed application.
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BharatPremi
11-07 10:02 AM
Surprisingly today I got second LUD on AP. Content is changed as under.
Receipt Number: LIN****
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 7, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service
Receipt Number: LIN****
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 7, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service
webm
12-31 01:08 PM
This thread seems to express my thoughts.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
We are in the same boat my friend....keep hope!!
Happy Newyear 2009!! we might get Green soon...
--------------
PD:EB3-I Oct 2001.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
We are in the same boat my friend....keep hope!!
Happy Newyear 2009!! we might get Green soon...
--------------
PD:EB3-I Oct 2001.
prem_goel
05-29 09:44 PM
Guys, along with the vote, it'll help if you post some comments too! You may have to register but its a 2 min process. I am hoping this gets seen by the people in .org.
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