heywhat
06-17 12:00 AM
I support this campaign. My 3-4 friends moved on to EAD because of just visa re-validation(rejection) fear.
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rajuram
01-05 12:15 AM
So is it worth while to invest $500 in PMI certification?
Yes
Yes
paskal
08-31 05:09 PM
why can't we count now?? just approx. is also fine, can we have some sort of poll??
go check the tri state poll, see if it's crossed 50 responses out of 3,500 + members. to have a poll and make it meaningful you need willing participants. that means many people need to spend a whole 30 secs not thinking about receipts. everyone worries about them- i'm talking here about the significant number that obsess about them. do note that the July 2 thread dies after work hours. so most people who refresh all day do it only at work.
nah! we can't have a poll. it would be a meaningless exercise. my guess is that we will only get people to understand what the problems really are when another knock like July 2 comes along. and that is just too sad....
go check the tri state poll, see if it's crossed 50 responses out of 3,500 + members. to have a poll and make it meaningful you need willing participants. that means many people need to spend a whole 30 secs not thinking about receipts. everyone worries about them- i'm talking here about the significant number that obsess about them. do note that the July 2 thread dies after work hours. so most people who refresh all day do it only at work.
nah! we can't have a poll. it would be a meaningless exercise. my guess is that we will only get people to understand what the problems really are when another knock like July 2 comes along. and that is just too sad....
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greyhair
07-08 11:23 PM
eb3retro, i think u & i need not as much worry about oscarzumaran et al..... as we should worry about those who remain silent..... day after day....
Why should we worry about those who are silent? What do you mean?
Why should we worry about those who are silent? What do you mean?
more...
Atpugkeviv
12-14 12:31 PM
The status on USCIS site chagned from initial receipt to approved and sent after about 105 days of receipt notice. I hope I recieve it next few days. I had applied to Dallas lock box - paper application.
lordoftherings
07-17 12:06 PM
and how are you so sure that all EADs that will be entering the market are freshers. My wife (now on H4) already has 4 years exp in UK (psychology) before coming to US. I know a lot of H4s who have 7+ yrs exp (may not be very recent as they couldn't work on H4). So most of them may not be freshers but yes, competition is always healthy.
lotr
Yes you are right, there is bound to have EAD flood in market, with spouses of hi-tech worker will come to market to search hi-tech job with spouse phone support. I have seen such cases countless times in past few years and yes they will be in future without exception. However, matter of fact, these fresh EAD (previous H4) don't get the dream job in first attempt, it takes good 2 year to find a similar job that H1b hitech worker does.
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.
lotr
Yes you are right, there is bound to have EAD flood in market, with spouses of hi-tech worker will come to market to search hi-tech job with spouse phone support. I have seen such cases countless times in past few years and yes they will be in future without exception. However, matter of fact, these fresh EAD (previous H4) don't get the dream job in first attempt, it takes good 2 year to find a similar job that H1b hitech worker does.
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.
more...
svrk
08-22 07:52 AM
Hi SMohan,
I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.
Please verify with your lawyer too. Good luck!
I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.
Please verify with your lawyer too. Good luck!
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guy03062
04-12 12:19 PM
I totally agree with bkarnik.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
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.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
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.
more...
mrow
06-19 07:18 PM
Thought I should share my EB-3 (horror) story:
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
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rweworld1
08-12 09:31 AM
In my case my GC sponsoring employer had consent signed from me before filing my GC that- I need to work for them for 1 yr at least after getting my GC. Otherwise I need to pay them all legal expenses they have spent on my GC process if I leave them before 1 yr.
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
more...
rajuram
08-01 10:00 PM
The key is that....there should not be substantial difference in the job duties and the responsibilities.
what do 180 days start, RN date or notice date?
what do 180 days start, RN date or notice date?
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rameshraju11
11-25 05:54 PM
Pappu and Forum Admin,
1. I would recommend you to discuss with USCIS on EB1 Application Fraud for MNC( Consulting Service Compnaies) Managers by their Employers. This is one issue we should be more careful. Brought up this issue with USCIS and Recommend more scrutiny on these kind of applications since a lot of fraud in this area and by passing the whole process and harming every genuine applicant.
2. Remind USCIS about the quarterly spill over according to the Law
Thanks
1. I would recommend you to discuss with USCIS on EB1 Application Fraud for MNC( Consulting Service Compnaies) Managers by their Employers. This is one issue we should be more careful. Brought up this issue with USCIS and Recommend more scrutiny on these kind of applications since a lot of fraud in this area and by passing the whole process and harming every genuine applicant.
2. Remind USCIS about the quarterly spill over according to the Law
Thanks
more...
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RDB
08-20 03:45 PM
EB3-I.
EAD Card production ordered as of 8/19.
E-filed: 7/11
Receipts: 7/18.
No Finger printing notice received. This was at NSC. Mostly will get 2 years EAD as my PD is nowhere near to current but will update everyone for sure once I receive the cards!
EAD Card production ordered as of 8/19.
E-filed: 7/11
Receipts: 7/18.
No Finger printing notice received. This was at NSC. Mostly will get 2 years EAD as my PD is nowhere near to current but will update everyone for sure once I receive the cards!
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drona
09-22 05:42 PM
If you are from Northern California, please join the local chapter here:
http://groups.yahoo.com/group/NC_Immigration_Voice/
Southern California folks, please join the group here:
http://groups.yahoo.com/group/SC_Immigration_Voice/
We look forward to adding active members to our local chapters.
http://groups.yahoo.com/group/NC_Immigration_Voice/
Southern California folks, please join the group here:
http://groups.yahoo.com/group/SC_Immigration_Voice/
We look forward to adding active members to our local chapters.
more...
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file485
01-01 07:55 PM
Thanks Harsh..
you think it is safer to submit the last 2/3 paystubs while on H1 earlier along with the other documents we submit while filing for H1, or not even submit them.. I know the officer is at full liberty to ask whatever document he fancies at that moment and my stars at that time..
Do you think they will ask for the W2's while on H1 period..?
others too, pls share your thoughts.
you think it is safer to submit the last 2/3 paystubs while on H1 earlier along with the other documents we submit while filing for H1, or not even submit them.. I know the officer is at full liberty to ask whatever document he fancies at that moment and my stars at that time..
Do you think they will ask for the W2's while on H1 period..?
others too, pls share your thoughts.
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svrk
08-22 07:52 AM
Hi SMohan,
I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.
Please verify with your lawyer too. Good luck!
I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.
Please verify with your lawyer too. Good luck!
more...
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rajeshalex
08-17 11:01 AM
Where is it mentioned that LC sub has been rejected ? I looked at the link and
I couldnt find any thing.
Rajesh
I couldnt find any thing.
Rajesh
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arvindkappula
01-18 03:47 PM
Folks, can dependent's participate in writing letters to President? I have already mailed my hand written letter to White House and copy to IV team, in addition to that I got confirmation from other Indians with whom I work also mailed their letters..If dependents are also allowed then count for another 10 letters from my side...;)
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paskal
09-01 10:46 AM
nixstor this is just standard senthil talk.
pouring water over efforts is what he does.
senthil, i will not have a gc for years. neither will many others.
and if you believe the rally is to build muscle for iv for coming congress sessions, so be it. it's still a worthwhile cause. join us in it. it's hard to actually make you join any concrete campaign- how about you show up for this one! believe me it will give weight to all your arguments if you walk the talk for a change...
pouring water over efforts is what he does.
senthil, i will not have a gc for years. neither will many others.
and if you believe the rally is to build muscle for iv for coming congress sessions, so be it. it's still a worthwhile cause. join us in it. it's hard to actually make you join any concrete campaign- how about you show up for this one! believe me it will give weight to all your arguments if you walk the talk for a change...
ash0210
12-06 10:22 AM
Those who complains about curruption in back home, will NOT try to improve system back home and also in case of GC processing, their contribution will be only "Negative comments" but NO constructive approach to improve ANY systems..
Ignore such "Cribesh"...
Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.
THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.
Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
Lets discuss whether this swap will be possible or not, or what the loopholes are.
thanks
Ignore such "Cribesh"...
Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.
THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.
Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
Lets discuss whether this swap will be possible or not, or what the loopholes are.
thanks
lskreddy
06-13 12:26 PM
Every one has his own vantage point. Mark K has his own and the others who represented for legal immigration has their own. Mark K's argument to only allow the so called 'Einstein caliber" people speaks volumes about how he has simplified the problem.
Sitting on a high position in an immigration research facility does not necessarily mean that he is abreast with the technological needs. From his arguments, he certainly has proven that he has very little or no idea of where the resource needs are.
Everyone of us are here because there is room for us to work. If his research shows that there are more US people who will fill our shoes, then I am sure the market needs would govern the numbers. For all the anti's who cite articles about how low paid we are, how less qualified we are, they should research to complete the full circle. They leave it half-hearted, its not as if they don't know, they just want to stick on to the rhetoric.
Even to entertain Mark K's idea about bringing the so called cream of the crop, there has to be proven ways to identify who these people are. One way of doing it is to allow people to come here on F1, prove their worth in research, work for a few years. One does not become an EB1 qualified before he steps into the country, he probably climbs his way up to that qualification. Some may succeed, some may fail. To selectively choose the best and expel the rest would mean disaster for the country. These are human lives we are talking about, not parts in a process control factory where you can chuck as and when you need as it does not meet 'specifications'.
He has blinders on, and that will never change. You can't debate a person who has already decided on what the outcome. The most amusing part personally for me is that most of the anti-legal folks accuse the entire industry of conspiring to screw their own. I can see how one or two companies to do that, but to underline that the entire system is geared towards raping their own is blasphemous to say the least.
Sitting on a high position in an immigration research facility does not necessarily mean that he is abreast with the technological needs. From his arguments, he certainly has proven that he has very little or no idea of where the resource needs are.
Everyone of us are here because there is room for us to work. If his research shows that there are more US people who will fill our shoes, then I am sure the market needs would govern the numbers. For all the anti's who cite articles about how low paid we are, how less qualified we are, they should research to complete the full circle. They leave it half-hearted, its not as if they don't know, they just want to stick on to the rhetoric.
Even to entertain Mark K's idea about bringing the so called cream of the crop, there has to be proven ways to identify who these people are. One way of doing it is to allow people to come here on F1, prove their worth in research, work for a few years. One does not become an EB1 qualified before he steps into the country, he probably climbs his way up to that qualification. Some may succeed, some may fail. To selectively choose the best and expel the rest would mean disaster for the country. These are human lives we are talking about, not parts in a process control factory where you can chuck as and when you need as it does not meet 'specifications'.
He has blinders on, and that will never change. You can't debate a person who has already decided on what the outcome. The most amusing part personally for me is that most of the anti-legal folks accuse the entire industry of conspiring to screw their own. I can see how one or two companies to do that, but to underline that the entire system is geared towards raping their own is blasphemous to say the least.
