Dakota Newfie
07-03 11:27 AM
I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
wallpaper and talented Jodie Foster.
virald
07-24 12:05 PM
Virald,
What makes you start another stupid thread?
There are gazillion threads that discussed this issue at length. Already people have discussed this and are planning their plan B and for your kind information, Greg didnot say that all July 2 applications will be rejected.
Don't try to scare people and then try to back it up by saying "I am trying to figure that out too"
srikondoji
I am not trying to scare anyone. For you the thread might be stupid, not for me. Please keep your negative remarks to yourself. Just the fact that people are discussing in this thread invalidate your kind of comments.
Also, my assumption was people come here to discuss issues, when they have doubts. No one is a lawyer here, certainly not me, hence my statement. If you are so scared please do not visit this thread.
Peace.
What makes you start another stupid thread?
There are gazillion threads that discussed this issue at length. Already people have discussed this and are planning their plan B and for your kind information, Greg didnot say that all July 2 applications will be rejected.
Don't try to scare people and then try to back it up by saying "I am trying to figure that out too"
srikondoji
I am not trying to scare anyone. For you the thread might be stupid, not for me. Please keep your negative remarks to yourself. Just the fact that people are discussing in this thread invalidate your kind of comments.
Also, my assumption was people come here to discuss issues, when they have doubts. No one is a lawyer here, certainly not me, hence my statement. If you are so scared please do not visit this thread.
Peace.
krishna.ahd
01-30 01:21 PM
Unpaid bench means you are "Out of Status". Not illegal.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.
Good Luck.
Krishna
"When the going gets tough, the tough gets going"
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.
Good Luck.
Krishna
"When the going gets tough, the tough gets going"
2011 Taxi Driver Pictures.
acecupid
07-13 11:57 AM
I suggest this thread be closed and we stop giving murthy any more publicity than she actually deserves. :mad:
more...
PresidentO
02-03 02:06 PM
Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?
shahrks
02-02 03:56 PM
Just wanted to make sure that the organizers are aware that the 4/4 and 4/5 dates will fall in the middle of Cherry Blossom Festival in DC and specifically in and around the national mall. Travel and stay could get little expensive. Just wanted to make sure that this gets on to the radar. On the more positive note, lots of IV members will get a chance to visit DC during the most beautiful time of the year. Will attend anyways and will spread the word.
National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)
National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)
more...
natrajs
07-06 05:33 PM
Got approval emails yesterday.
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
Congrats and Best Wishes
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
Congrats and Best Wishes
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amitps
09-26 12:11 PM
Please send a thank you email to the reporter....
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
This will be a great gesture on IV's part.
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
This will be a great gesture on IV's part.
more...
dummgelauft
04-07 11:50 AM
After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.
(2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.
(3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.
So, Cut the crap and do your work.
(2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.
(3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.
So, Cut the crap and do your work.
hair Jodie Foster
greyhair
06-10 12:56 PM
May be we should do some thing dramatic. Like sending letter to Canadian Government, here we are 1000 skilled people with extensive experience and International degrees. Collectively we going to bring in $1 million or more. Can you expedite our Permanent residency!!
All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.
Although USCIS does not report to Congress, USCIS merely implement the laws created by 100 Senators and 435 House members. Our anger towards USCIS is mis-directed. The anger and focus should be on the Congress to pass the laws that will fix green card wait time.
All Senators are actors. They pretend that they know our problems but they actually do not do anything to fix our issues. Otherwise, why would this amendment have 70 votes as pappu said in his post.
All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.
Although USCIS does not report to Congress, USCIS merely implement the laws created by 100 Senators and 435 House members. Our anger towards USCIS is mis-directed. The anger and focus should be on the Congress to pass the laws that will fix green card wait time.
All Senators are actors. They pretend that they know our problems but they actually do not do anything to fix our issues. Otherwise, why would this amendment have 70 votes as pappu said in his post.
more...
gsc999
04-08 11:02 AM
I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs.
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
-------
yawn. Weak post. Just substitute "I" for wherever you use "We" start with "I have to come to my senses." Don't patronize and don't be condescending.
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
-------
yawn. Weak post. Just substitute "I" for wherever you use "We" start with "I have to come to my senses." Don't patronize and don't be condescending.
hot jodie foster taxi driver age.
meridiani.planum
03-13 11:48 AM
I believe you can get an interim EAD from local USCIS office once the application has been pending for 3 months...
not any more. Local offices stopped issuing interim EADs a year or two ago.
Now-a-days if your renewel does not complete on time (ie. you dont get new
EAD card in hand, on time) you need to stop working as soon as old one expires.
not any more. Local offices stopped issuing interim EADs a year or two ago.
Now-a-days if your renewel does not complete on time (ie. you dont get new
EAD card in hand, on time) you need to stop working as soon as old one expires.
more...
house Jodie Foster
rajeev_74
07-05 11:09 AM
Hope this helps...
Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.
Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.
Hope you understand.
Thanks
Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.
Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.
Hope you understand.
Thanks
tattoo Taxi Driver, their 1970s
mirage
02-03 08:17 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
more...
pictures by Jodie Fosters acting.
diptam
09-28 10:09 AM
We have given some our most energetic and productive years of life in this country. We paid taxes,we spent money here,we got set with the way of life and peoples here.
There is no question of running away. We got the skills,qualifications , attitude - we can settle anywhere we want - That's not an issue. Ther issue is that we should not run away from Problems. Otherwise where ever we go - we will have to moveout from there too in couple of years - who knows !!
At the end of the day, its comes to ones preferences.
The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.
Pros and cons will be everywhere.
India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.
I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.
Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.
Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.
I will like to ask everyone one question.
Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?
Folks think about it.
I am sorry if i offended anyone, but this is what i feel.
I believe in fixing things then running away from them. Thats my take.
GO IV GO
TOGETHER WE CAN
There is no question of running away. We got the skills,qualifications , attitude - we can settle anywhere we want - That's not an issue. Ther issue is that we should not run away from Problems. Otherwise where ever we go - we will have to moveout from there too in couple of years - who knows !!
At the end of the day, its comes to ones preferences.
The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.
Pros and cons will be everywhere.
India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.
I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.
Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.
Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.
I will like to ask everyone one question.
Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?
Folks think about it.
I am sorry if i offended anyone, but this is what i feel.
I believe in fixing things then running away from them. Thats my take.
GO IV GO
TOGETHER WE CAN
dresses jodie foster taxi driver age
bkarnik
07-25 06:46 PM
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
Guys,
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(
From: Attorney
Sent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.
-----Original Message-----
From: Bkarnik
Sent: Tuesday, April 18, 2006 6:49 AM
To: attorney
Subject: Question..
Dear Attorney:
Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.
Thanks once again.
Bkarnik.
-----Original Message-----
From: AttorneySent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
Hello BKarnik,
Your argument is sound, however, U.S. Immigration does indeed adjudicate
I-765 EAD applications based upon eligibility for filing. Please click this
link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.
I hope this answers your questions.
Attorney
________________________________
From: Bkarnik
Sent: Monday, April 17, 2006 2:16 PM
To: Attorney
Subject: Question..
Dear Attorney:
I had a question for you (actually, it is a series of sub questions).
However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:
The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: 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. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
If
that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
Therefore,
the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.
With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?
Thank you for your time and patience,
Sincerely,
Bkarnik
Guys,
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(
From: Attorney
Sent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.
-----Original Message-----
From: Bkarnik
Sent: Tuesday, April 18, 2006 6:49 AM
To: attorney
Subject: Question..
Dear Attorney:
Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.
Thanks once again.
Bkarnik.
-----Original Message-----
From: AttorneySent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
Hello BKarnik,
Your argument is sound, however, U.S. Immigration does indeed adjudicate
I-765 EAD applications based upon eligibility for filing. Please click this
link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.
I hope this answers your questions.
Attorney
________________________________
From: Bkarnik
Sent: Monday, April 17, 2006 2:16 PM
To: Attorney
Subject: Question..
Dear Attorney:
I had a question for you (actually, it is a series of sub questions).
However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:
The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: 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. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
If
that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
Therefore,
the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.
With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?
Thank you for your time and patience,
Sincerely,
Bkarnik
more...
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dressking
09-28 05:34 PM
Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc.
I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.
Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.
Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.
But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.
Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.
Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.
We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.
Have I made it clear?
I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.
Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.
Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.
But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.
Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.
Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.
We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.
Have I made it clear?
girlfriend Currently Channeling: Taxi
zuhail
04-03 01:37 AM
Hello there,
Please contact me at fermion_boson@ymail.com if you are interested to take part in efforts to re-capture unused visa numbers for EB categories.
Let's do this NOW.
"To strive, to seek, to find, and not to yield" --Lord Tennyson in "Ulysses"
Please contact me at fermion_boson@ymail.com if you are interested to take part in efforts to re-capture unused visa numbers for EB categories.
Let's do this NOW.
"To strive, to seek, to find, and not to yield" --Lord Tennyson in "Ulysses"
hairstyles At 14, Jodie Foster was
thirdworldman
03-09 11:55 PM
Here is my wireframe / project screenshot
http://www.inmod.com/casey/subway_wire.jpg
[.soulty - removed img tags.. lets not make the thread too wide]
http://www.inmod.com/casey/subway_wire.jpg
[.soulty - removed img tags.. lets not make the thread too wide]
gcseeker2002
12-27 10:38 AM
Dubai - no issues without valid stamp
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
God Bless Asian countries :
Singapore - Never heard of transit visa
Bangkok - Never heard of transit visa
Seoul - Never heard of transit visa
Tokyo - They may introduce it soon as they think they are western country
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
God Bless Asian countries :
Singapore - Never heard of transit visa
Bangkok - Never heard of transit visa
Seoul - Never heard of transit visa
Tokyo - They may introduce it soon as they think they are western country
gc28262
08-11 05:07 PM
August 15th being Independence day.
In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is
Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)
I will be there and make sure the voice is heard. Do we have any standard document or something.
I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...
Just my thoughts...
Contact Starsun
ivcoordinator @ gmail.com
In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is
Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)
I will be there and make sure the voice is heard. Do we have any standard document or something.
I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...
Just my thoughts...
Contact Starsun
ivcoordinator @ gmail.com
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