ras
05-30 03:25 PM
Voted yes on the link
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stucklabor
04-10 09:13 PM
I agree with bharnik..
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
karanp25
08-05 01:11 PM
Is this supposed to be cribbing, just for the heck of it? In what way can getting a 2 yr EAD be bad news?
For EB ROW, if they issue 1 yr EAD...does tht mean their 485s are not approved for at least 1 yr?
Received 2 year EAD card in email. Card is valid from jul 30th 2008 to jul 29th 2010. My PD is current.(May 06). Dont know if this is good news or bad news.
AR
For EB ROW, if they issue 1 yr EAD...does tht mean their 485s are not approved for at least 1 yr?
Received 2 year EAD card in email. Card is valid from jul 30th 2008 to jul 29th 2010. My PD is current.(May 06). Dont know if this is good news or bad news.
AR
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Shirdibaba
11-03 11:54 AM
Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
more...
suren1
02-12 11:41 AM
As per data - EB3 is dead horse for rest of the FY
:mad:
:mad:
ashkam
03-27 11:55 AM
I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.
Also, until you explain how an illegal intruder in a house doesn't qualify as a security threat, all your requests for logic smack of hypocrisy.
Also, until you explain how an illegal intruder in a house doesn't qualify as a security threat, all your requests for logic smack of hypocrisy.
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Pagal
04-21 08:42 PM
I wanted to send message also.Do you recommend giving original deatils on the form when sending message to white house and senators.
Thanks
I provided all details including my address, email, phone etc....
Thanks
I provided all details including my address, email, phone etc....
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naushit
02-01 05:18 PM
Also add....
7. STOP calling us "ALIENS". We are from just eastern part of earth.
when I am called alien...I am really pissed.
No tip for you....if you call me alien.
7. STOP calling us "ALIENS". We are from just eastern part of earth.
when I am called alien...I am really pissed.
No tip for you....if you call me alien.
more...
kaisersose
06-05 02:55 PM
I am more curious to know if you can use the EAD in conjunction with the H1B (working 2 jobs 1 on H1B and one on EAD).
This question was explictly asked by AILA to CIS in one of their monthly calls and CIS said they would get back on this. In other words, at that time, their position on this was not even clear to them.
This is why we see conflicting opinions on this topic from different attorneys. Some say the H-1 is gone and some say it is not.
Personally, I think it is possible to use both simultaneously and I think some people are already doing it.
This question was explictly asked by AILA to CIS in one of their monthly calls and CIS said they would get back on this. In other words, at that time, their position on this was not even clear to them.
This is why we see conflicting opinions on this topic from different attorneys. Some say the H-1 is gone and some say it is not.
Personally, I think it is possible to use both simultaneously and I think some people are already doing it.
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burnt
12-19 04:22 PM
If I try to use my AC21 then does title matter?
Example:
new offer has a title of "Lead software engineer".Current position is "Systems
Engineer".
Gurus please help
Iad
As per my understanding, The job duties should match your LC(Though position might be slightly different.), make sure that your Job Duties are Similar
Example:
new offer has a title of "Lead software engineer".Current position is "Systems
Engineer".
Gurus please help
Iad
As per my understanding, The job duties should match your LC(Though position might be slightly different.), make sure that your Job Duties are Similar
more...
fearonlygod
02-12 01:14 AM
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
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gc_on_demand
11-02 01:03 PM
I don't have any high hope. I am guessing that Mr Oppenheim will do quarterly spill over of first quarter into first month of second quarter. So Lets wait for Jan bulletin..
I argue all members not to keep too much hope for Dec bulletin. Eb3 India will move little bit but few months only.
I argue all members not to keep too much hope for Dec bulletin. Eb3 India will move little bit but few months only.
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grupak
06-12 04:35 PM
I just finished calling those 6 Reps - o how fun!
Anyways, so guys - does this Krikorian guy need some education or flowers? Let us provide him with what he needs and get this thing going further.
Can we call him like we are calling the Reps?
Lets go through the logic of Mr. Krikorian carefully and use it for our benefit.
Anyways, so guys - does this Krikorian guy need some education or flowers? Let us provide him with what he needs and get this thing going further.
Can we call him like we are calling the Reps?
Lets go through the logic of Mr. Krikorian carefully and use it for our benefit.
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chanduv23
08-11 05:40 PM
If you have an approved I-140 and the job description matches that of your Labor, you shouldn't have any issues. The job title shouldn't matter either, it's all in the description/role/responsibilities and the technology. If the technology/tool changes then it's an issue because the Labor you have tells that there is a shortage of people in that area.
Good Luck!
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
Good Luck!
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
more...
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smuggymba
05-12 03:29 PM
DREAM Act Re-introduced in the Senate
A day after President Obama gave a speech on immigration, Senators Richard Durbin, Harry Reid, Robert Menendez and 30 others re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act that would allow young undocumented people to apply for legal status if they join the military or attend college for two years.
Each year about 65,000 undocumented students who were brought to the U.S. by their parents, often as very young children, graduate from high school and face a bleak future because of their status. Last fall, despite President Obama�s strong support, the DREAM Act passed the House but failed to attract the 60 votes needed to end a Senate filibuster.
Chung-Wha Hong, executive director of the New York Immigration Coalition welcomed the move, but pointed out that the bill faces a slim chance in the current Congress and said the President should use the authority of his office to protect young undocumented immigrants.
A day after President Obama gave a speech on immigration, Senators Richard Durbin, Harry Reid, Robert Menendez and 30 others re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act that would allow young undocumented people to apply for legal status if they join the military or attend college for two years.
Each year about 65,000 undocumented students who were brought to the U.S. by their parents, often as very young children, graduate from high school and face a bleak future because of their status. Last fall, despite President Obama�s strong support, the DREAM Act passed the House but failed to attract the 60 votes needed to end a Senate filibuster.
Chung-Wha Hong, executive director of the New York Immigration Coalition welcomed the move, but pointed out that the bill faces a slim chance in the current Congress and said the President should use the authority of his office to protect young undocumented immigrants.
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plassey
08-01 10:49 PM
If you have a company's blank letter head and genuine salary slips then every thing goes...
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
more...
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girishvar
07-19 07:13 PM
Your wife might not get visitor visa approved because of dual intent. H4 and
L2's are allowed to have dual intent
Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?
Unless there are some other advantages of H4 which I am missing?
L2's are allowed to have dual intent
Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?
Unless there are some other advantages of H4 which I am missing?
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Jaime
08-31 04:22 PM
not sure there are "lies".
No lies, salary cannot be raised and people on H-4 cannot work. The article is right.
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
No lies, salary cannot be raised and people on H-4 cannot work. The article is right.
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
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transpass
12-01 12:09 PM
the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
like_watching_paint_dry
02-27 03:15 PM
LOL. This thread again...
They gamble, they lose and then they whine about rules being unfair here.
And this willwin guy has the nerve to give me a red mark on my post saying I'm not being diplomatic... like I care about being diplomatic when they want IV to shift its primary focus in order to cater to such ridiculous asks!! If I wanted to be diplomatic, I'd have come here on foreign service. :rolleyes:
They gamble, they lose and then they whine about rules being unfair here.
And this willwin guy has the nerve to give me a red mark on my post saying I'm not being diplomatic... like I care about being diplomatic when they want IV to shift its primary focus in order to cater to such ridiculous asks!! If I wanted to be diplomatic, I'd have come here on foreign service. :rolleyes:
beppenyc
03-16 03:53 PM
I did read it, and I really hope that something happen this year. The OC magazine is very focused on Immigration, like the AZ Central.
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