Saturday, June 25, 2011

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  • 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.





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  • Pewter
    02-02 11:41 PM
    I LOVED soul's castle...

    especially how it was 3d and just looked very nice

    ....HOWEVER

    eilsoe's was also quite hip...and it was also well done, but the comic speech bubbles made me....


    vote for eilsoe...


    but both of yours are very nicely done.





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  • pappu
    11-27 10:17 AM
    Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data. The data USCIS has published may not be 100% accurate. There are several thousand applications that may not have been pre-adjudicated at the time of publication of this data. The CP applications, field office applications etc are not part of this data.As an advocacy organization, based on the data we can work towards seeking explanation on slow movement of visa bulletin dates or wastage of visa numbers in the months to come. We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.





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  • raysaikat
    01-06 12:42 AM
    reminds me of a popular hindi maxim:
    "Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"

    loosely translated in english it means

    Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...

    (thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)

    He would definitely be rolling in his grave by your spelling :D It is "dessert". Unless you are one of the mythical Egyptian gods like Anubis, you are not going to eat a "desert" :p



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  • abhidos37
    08-23 03:46 PM
    Plassey and all,
    I just opened a session in IV asking for experience and knowhow which seems to have turned into a heated congress session.
    Plassey, regarding your thoughts and comments let me tell you something "GC is not the best thing in the world, for which one has to be so depressed and cry in bathroom". If you have talent and belief you can survive in any condition. I am not a preacher nor a saint, but nobody can stand such insolent reply from you. Good luck to you for the rest of day.





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  • aadimanav
    05-15 04:09 PM
    To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field... (Introduced in House)

    HR 6039 IH

    110th CONGRESS

    2d Session

    H. R. 6039

    To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.

    IN THE HOUSE OF REPRESENTATIVES

    May 13, 2008

    Ms. ZOE LOFGREN of California (for herself, Mr. CANNON, Mr. CONYERS, Mr. CARTER, Mr. GEORGE MILLER of California, Mr. SHADEGG, Mr. HONDA, Mr. TOM DAVIS of Virginia, Ms. ESHOO, Mr. GILCHREST, Mr. KENNEDY, Mr. REICHERT, Mr. CAPUANO, Mrs. MALONEY of New York, Mr. CROWLEY, Mrs. TAUSCHER, Mr. SMITH of Washington, Mr. MCDERMOTT, Ms. LORETTA SANCHEZ of California, and Ms. LINDA T. SANCHEZ of California) introduced the following bill; which was referred to the Committee on the Judiciary

    A BILL

    To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. UNITED STATES EDUCATED IMMIGRANTS.

    (a) Aliens Not Subject to Direct Numerical Limitations- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    `(F) Aliens who have earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in a field of science, technology, engineering, or mathematics and who have an offer of employment from a United States employer in a field related to such degree.'.

    (b) Procedure for Granting Immigrant Status- Section 204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is amended--

    (1) by striking `or' after `203(b)(2)';

    (2) by inserting `, or 201(b)(1)(F)' after `203(b)(3)'; and

    (3) by striking `Attorney General' and inserting `Secretary of Homeland Security'.



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  • user1205
    01-15 01:18 PM
    I did the same and got 2 more people to send them and I'm hoping for 2 more. We're a small office but any letter counts :)

    I have bought stamps/envelops and printed # of letters by myself and going desk to desk and urging Desi's to sign and send letters.





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  • mirage
    05-17 09:51 AM
    I am wondering everybody here is throwing stones at small consulting companies, I wonder how these people came to US surely somebody did there H1? right? People are working in big companies HP/Oracle/SAP bla bla.. but I'm sure they are not the ones who brought you guys here. Also the day they'll get their green cards each of these people are going to open similar companies and do the same thing. This is amazing how people forget their past and forget the people who brought them here...I will call you guys thankless....



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  • dixie
    11-16 05:47 PM
    Non-immigrants are routinely charged a hefty premium on mortgages and loans just based on the fact that their stay in the US is limited in time - irrespective of what your credit score and other usual risk assessment metrics have to say.
    Bank of America is discriminating against non-immigrants by not leting then open self directed brokrage account. It's like going in to a store and store personal telling you that I cannot sell you gallon of milk because you are non immigrant.





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  • nrk
    10-27 08:56 AM
    Sorry there was a typo in the application mailed in date it is 8/7/2007 and notice date is 9/26/2007.


    as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....



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  • karanp25
    07-24 05:31 PM
    Similar situation here...applied EAD/AP renewals 1st week of May at NSC for self and spouse. So far only my EAD has been approved, which is pretty much of no use to me since i am on H1B - but employer was paying all costs, so the law firm applied it anyway.

    Spouse needs EAD ASAP before expiry, but nothing yet. I want to modify wht u quoted below:

    "USCIS won't give u what u want" I think they somehow have an idea of how desperate u r for someting and ur processing/wait time is proportional to your desperation. :-)

    E-filed on May 5th, FP on June 6th, no updates since. Concerned as I'm working on EAD and current one expires August 29th.

    Paper filed AP in late June, approved already (as per e-mail) even though I only needed it in mid October!!

    Just like the the old Stones song... "You can't always get what you want"





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  • Drifter
    04-06 02:59 PM
    A core member has been helping me in this matter. I really have to thank the core for being so responsive and for giving this matter the kind of attention it deserves. There is some progress in this case and the quickness with which the IV Core acted on this and moved the issue forward gives me and my family hope.
    We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
    We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.



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  • tikka
    03-26 03:43 PM
    I spoke to a staff at Michael R. McNulty's office.
    He comes to Albany on weekends only.
    Rest of the time (5 days a week) he is in Washington.
    We can meet staff members any time betwenn 9 to 5 (no appointment required).

    Spoke to staff member at Schumer's office.
    He is not available for a meeting.
    Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
    I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
    We can change if this is not convenient.
    I am not sure if this is gonna help, as it is 2 weeks away.

    Please provide feedback.
    hi
    Are you going alone to Schumer's office?
    I am come along if you'd like.

    Varsha send me all the necessary docs. Let me know if I can assist in some way





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  • dish
    01-10 10:27 PM
    We can demand a purple card for any techworker who had worked and paid taxes and contributed to Social Security and medicare for three continuous years. This card should allow free travel and work permit for spouse. Counterpart of blue card for illegals......Once the priority date becomes current and adjustment of status is complete, purple card is replaced by green card !!!!!!!!



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  • prioritydate
    08-10 04:15 PM
    BUMP :p:p:p:p:p





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  • svam77
    08-10 01:01 PM
    And on the top nothing is justified .....

    only two centers process LAbor Certs. Chicago approves in 4 days mx, but Atlanta Center approves in 4 months .... So people who applied in chicago can file their 485 but people who filed in Atlanta cannot.

    Why dont u show ur frustration there ??

    And legally, LS or LC or what ever or GC for that matter in these cases, is an employer based peition. And if a legal company wants to do it ......why r u guys worried .......DO NOT GENERALIZE EVERYONE. and on the top .... no one is a dharmatma here as someone said .......

    And I know many people even on this forum who just alter their experience letters to match the skill set on the labor ? What about that ? Even that is a bigggg fraud ......Even if it is ur own labor

    And I was in the US for the past 8 years, (F1 and H1) and me opting for a labor from last year .....How far is it justified ..... yes i did not want to jump ahead ........

    And all of you are here to show ur frustration just because of July fiasco .....otherwise .......Hmmmmm Try to work with IV to do something for the community but jsut do not waste ur time forsomething which is past nowww, sickening ....

    The whole GC thing is a broken process ....... Just leave this topic here
    and it would be good if the moderator closes this thread ......



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  • cnndwag
    09-27 09:13 PM
    enggr ran away. He faked his experience(which most of the people do, I think to get GC) and tried to get EB2. Good and Inteligent IO catched it and sent RFE. Ran away for life.





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  • snathan
    06-17 09:31 PM
    Below are some links for those who are looking for visa stamping related 'disaster' stories.... I think this is a lost cause since the DOS/DHS really does not care...justice and fairness is probably not in their dictionary.

    http://immigrationvoice.org/forum/showthread.php?t=18760
    http://immigrationvoice.org/forum/showthread.php?t=19066
    http://immigrationvoice.org/forum/showthread.php?p=270800#post270800
    http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=4724019812&m=772108581&p=57
    http://www.facebook.com/group.php?gid=50933335266
    http://spreadsheets.google.com/pub?key=pd-XmqrjF_Zob58NgG0GjWg&output=html

    If possible contact those affected members and spread this news. We can draft a letter along with their stories and send it to all media and congressmen, DOS officials.





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  • anandrajesh
    01-31 03:00 PM
    Form No. Current Fee Proposed Fee Difference
    I-129 $190 $320 $130
    I-131 $170 $305 $135
    I-140 $195 $475 $280
    I-485 $325 $905 $580
    I-765 $180 $340 $160

    DAYLIGHT ROBBERY





    met3259
    05-25 03:42 PM
    MET3259- Thanks for the Post. It was great.
    Could you address my quiestion regarding "low" wages. How "low" are they and what does 'low" mean in Canada, relative to cost of living and especially real estate prices. Can you afford to buy a decent house or apartments in average salary?

    Thanks


    Excellent question. Wages are lower (with a few exceptions like teachers) than in the US, but we are not talking about "poor house" wages. I made $70K Cdn (remember, a dollar is still a dollar at home - so don't convert to US$) and made $77K US my first year in the US. The job though went from a process engineer, to a plant manager of a small plant.

    I have tried to talk to my friends in Canada about this (and job opportunity) and figure it out - how come I can make more in the US and have more carrier opportunities. I really do not know the exact answer, but... (let me try anyway):

    It is easy to "shine" in the US - again, the average (and by no means not all) person here is less educated and has less drive/ability than at home -- thus more competition (relatively speaking) than in the US.

    Economies of scale in the US present more opportunity.

    I did notice, that in the US, you can be a grade 8 drop out and still make a lot of money if you are willing to work (and have at least a little luck - re: the song "sun screen"). That very rarely(if ever) happens back home.
    Along this line of thinking, it is easier to sell a "widget" in the US as the average consumer is not that bright. Canadians are at least a little more hesitant/intelligent/cautious with purchases. The US have more disposible imcome than Canadians (which should tell you a lot right there).


    Another difference is the banks in Canada will tell you how much you can spend. In the US, they just keep giving morgates, car loans, credit cards to anyone (even my 6 year old son got a peapproved application for a credit card). In Canada - the bank will say - "you can not afford that" - we do not have people morgated to the hilt, with a SUV (or 2) in the driveway ready for bankrupcy if they loose their job.

    Conclusion - you can afford a house and renting in Canada (unlike the US) is actually cheaper. Wages can be and most liekly are lower, but - no ghettos, no bankrupcy due to illnesss, safer streets (although it is getting worse).

    Hope that helps.





    kshitijnt
    11-12 09:04 PM
    You may be able lodge a complaint at your district attorneys office. you have to find your local DA's details. If you are from one of the coasts the chances of your DA's office having a section for immigration related complaints is high.

    I agree. You should contact the office of the district attorney and ask for help prosecuting your employer for financial fraud. Also change your job immediately to avoid any further trouble.

    By law your employer can not fire you for being a whistleblower but since he is an unethical moron, he can stoop to any level



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