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.
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.
wallpaper 1998 - 2004 Audi A6 RSR Side
PERM12
07-22 01:34 PM
This is un acceptable talk. Forum is to share - no one deny's it. ANTI or PRO - each can put their own thoughts...BUT not in the above said language
I hope we keep our dignity and self respect
I hope we keep our dignity and self respect
paskal
07-10 08:45 PM
http://www.afroarticles.com/article-dashboard/Article/CNN-s-Lou-Dobbs---The-Minister-of--Propaganda-and-Enlightenment-/23562
2011 Body Kit Tuning Styling and
JunRN
07-17 02:07 AM
I just don't like the tone of after getting work with a valid permit, then suddenly, one turns against those who are applying for work permit for the fear that they may take his job.
The anti-immigrants also fear that the immigrants are taking their jobs or lowering their wages atleast.
I'm sorry if I hurt your feelings but that's what I think and just my opinion.
The anti-immigrants also fear that the immigrants are taking their jobs or lowering their wages atleast.
I'm sorry if I hurt your feelings but that's what I think and just my opinion.
more...
InTheMoment
12-02 08:14 PM
Finally something concrete: :D
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061, Nov 30, 2007
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061, Nov 30, 2007
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.
sina
12-20 12:57 PM
If someone has already spent 6 years on H1B can he/she convert to H4 status?
more...
write2amar
09-22 04:47 PM
Hello,
CONGRATULATIONS for making the rally success!!!
I just joined in this group. I want to be an active member in this chapter activities.
Thanks,
write2amar
CONGRATULATIONS for making the rally success!!!
I just joined in this group. I want to be an active member in this chapter activities.
Thanks,
write2amar
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yabadaba
05-22 03:06 PM
They are saying that all those people who were illegal before 1st of Jan 2007 are eligible for Z visa. We all are currently in legal status.
u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.
i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system
u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.
i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system
more...
Arjun
01-04 12:50 PM
Question.
If you have one wife and u get divorced you have to give her 50% of what u have.
What happens if you have 2 wives? ;)
They both get 50/50 :D
If you have one wife and u get divorced you have to give her 50% of what u have.
What happens if you have 2 wives? ;)
They both get 50/50 :D
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IneedAllGreen
01-31 03:54 PM
Folks,
I guess from this link/pdf people will get hint on where USCIS will use new fees money.
http://www.uscis.gov/files/pressrelease/PRBuilding1.pdf
Thanks
INeedAllGreen
I guess from this link/pdf people will get hint on where USCIS will use new fees money.
http://www.uscis.gov/files/pressrelease/PRBuilding1.pdf
Thanks
INeedAllGreen
more...
add78
06-12 03:11 PM
If there was ever a greater need to call your congressman/woman/senator/CHC member, the time is NOW. As the momentum builds, we need to call in greater numbers to mobilize congressional support in terms of more sponsors. Please CALL per action items. Call now. Ask others to call. Make it a resolution to get one friend a day to call. And persuade that one friend to donate.
Together, we CAN make the change happen.
Together, we WILL be the change that we seek.
Yes We Can.
Yes We Will.
Yes We Are.
Together, we CAN make the change happen.
Together, we WILL be the change that we seek.
Yes We Can.
Yes We Will.
Yes We Are.
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CHRAMA
04-14 08:24 PM
Thank you everyone, Just I received my I140 approval.
more...
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GCaspirations
10-02 12:55 PM
NSC->CSC->NSC for 485
EAD/AP by CSC.
any idea on what are the processing dates for EAD and AP at CSC
and also finger printing timelines
Reading the forum I understand that EAD/AP approvals are coming fast from CSC.
I have not seen anyone posting about receiving finger Print notice if the case has been tansferred back to NSC from CSC.
This is the trend I have seen so far.
Anyone who has received FP notice if ur case has transferred from NSC to CSC and back to NSC - Please post.
EAD/AP by CSC.
any idea on what are the processing dates for EAD and AP at CSC
and also finger printing timelines
Reading the forum I understand that EAD/AP approvals are coming fast from CSC.
I have not seen anyone posting about receiving finger Print notice if the case has been tansferred back to NSC from CSC.
This is the trend I have seen so far.
Anyone who has received FP notice if ur case has transferred from NSC to CSC and back to NSC - Please post.
tattoo 1998-2004 Audi A6 RSR Body Kit
Munshi75
11-18 04:00 AM
hmmm, housing markets runs into sales of millions and millions of units, if people here are thinking of buying 100 homes each, yes! it will help increase the sales by .00002%
For Honda/ Toyota : They never lost their appeal , and don't tell me that you are driving a 2008 Corvett.
For Honda/ Toyota : They never lost their appeal , and don't tell me that you are driving a 2008 Corvett.
more...
pictures audi a6 body kits.
itstimenow
07-27 06:38 PM
Anyone know when they plan to post it?
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Pineapple
05-10 09:26 PM
There is something seriously wrong here.....one gets red dots for even simply truthfully recording answers to some questions asked by administrator......or are the red dots simply to protest/ express displeasure with the fact that my GC process was not as difficult as some other people.......its like "misery likes company" - i am miserable bcos i dont have a GC and hence am pissed off at this guy who despite not being crazy about GC got his in 7 months.........so i will give him red dots..............
Guys - get over it.........look at the general tone of posts from all on this particular thread - GC did not make any "big" change to most folks.......
For the more rational beings - i genuinely hope that you get your gcs within reasonable wait times and the waiting time does not take away from the personal and professional successes you deserve!
I gave you a green, if that helps.. perhaps someone did not notice the EB category in your signature. In any case, I agree it was unfair.
I hope you will stay engaged with the IV community, and help the rest of us in achieving our goals. We need everyone, not just those waiting for a GC, in this effort.
Guys - get over it.........look at the general tone of posts from all on this particular thread - GC did not make any "big" change to most folks.......
For the more rational beings - i genuinely hope that you get your gcs within reasonable wait times and the waiting time does not take away from the personal and professional successes you deserve!
I gave you a green, if that helps.. perhaps someone did not notice the EB category in your signature. In any case, I agree it was unfair.
I hope you will stay engaged with the IV community, and help the rest of us in achieving our goals. We need everyone, not just those waiting for a GC, in this effort.
more...
makeup This new Audi A6,
softcrowd
10-10 08:48 PM
...if you are willing to see things with open mind, they are very well glorified in US markets too....that's the reason they were able to convince & win the confidence of almost all of the fortune companies....I don't think just by media hype, one could win the markets so consistently and see a continuous growth in a capitalistic market like USA.
If you are talking about US Media, they are glorified there too. One of the recent NewYork times best seller - "The World is Flat" is actually inspired by the words of Infosys Ex CEO - Nandan.....There are numorous articles about Indian offshore companies & thier success in all the top magazines - NY Times, Washington Times, Fortune, Forbs, Business Week, Forbes....you name it, there were plenty of artcles in each and every of these.
Coming to the attrition of employees - Top Indian offshore comany's average attrition rates are around 12-15%, which is still on par with World-wide IT companies (including IT Bigwigs in US). Even great US companies like INTEL got so many frustrated employees (& ex emps) that they started a special website (www.faceintel.com) expressing all their bitterness.
At the end, you can still say - they are just glorified bodyshoppers...that's fine. Everyone has the right to live in thier own paradise :)
I rest my case!!
If you are talking about US Media, they are glorified there too. One of the recent NewYork times best seller - "The World is Flat" is actually inspired by the words of Infosys Ex CEO - Nandan.....There are numorous articles about Indian offshore companies & thier success in all the top magazines - NY Times, Washington Times, Fortune, Forbs, Business Week, Forbes....you name it, there were plenty of artcles in each and every of these.
Coming to the attrition of employees - Top Indian offshore comany's average attrition rates are around 12-15%, which is still on par with World-wide IT companies (including IT Bigwigs in US). Even great US companies like INTEL got so many frustrated employees (& ex emps) that they started a special website (www.faceintel.com) expressing all their bitterness.
At the end, you can still say - they are just glorified bodyshoppers...that's fine. Everyone has the right to live in thier own paradise :)
I rest my case!!
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Lasantha
05-11 03:06 PM
- How has greencard changed your life after receiving it?
A big weight off my shoulders. Much more freedom in getting new jobs. Easier to travel. Planning to buy a house finally!!!
- What did you do on the day you received it?
Went out with friends and just enjoyed the feeling of freedom
-How did the long wait upset your life?
The feeling of uncertanity was terrible. Had to put lots of stuff on hold, like buying a house.
-How did immigrationvoice help you during this long wait?
The forum on this web site was like a gem. Learnt a lot from the experiences of the others.
- Would you like to continue your support to immigration voice and help others waiting?
YES
- Any advice for everyone?
Don't give up but ALWAYS have a back up plan. If you are not interested in returning home, consider a second option like the Canadain PR status as plan B
A big weight off my shoulders. Much more freedom in getting new jobs. Easier to travel. Planning to buy a house finally!!!
- What did you do on the day you received it?
Went out with friends and just enjoyed the feeling of freedom
-How did the long wait upset your life?
The feeling of uncertanity was terrible. Had to put lots of stuff on hold, like buying a house.
-How did immigrationvoice help you during this long wait?
The forum on this web site was like a gem. Learnt a lot from the experiences of the others.
- Would you like to continue your support to immigration voice and help others waiting?
YES
- Any advice for everyone?
Don't give up but ALWAYS have a back up plan. If you are not interested in returning home, consider a second option like the Canadain PR status as plan B
hairstyles Audi A6 C5 Frontbumper SHADOW
illinois_alum
10-02 04:40 PM
Thx so much I got it..
For the "Class of ADmission" - if I have entered US on AP, do I enter "Parolee"
Yes - you should enter PAROLEE as status if you last entered the US on an AP document
For the "Class of ADmission" - if I have entered US on AP, do I enter "Parolee"
Yes - you should enter PAROLEE as status if you last entered the US on an AP document
spicy_guy
11-07 01:16 PM
Count me in...
My tickets / travel (Nov 18th) is at the brink of cancellation.
RD: 9/2. I raised SR to expedite. Not sure if they accept it.
Contacted congressman and sent them documents.
Need to contact Ombudsman.
Any inputs guys?
My tickets / travel (Nov 18th) is at the brink of cancellation.
RD: 9/2. I raised SR to expedite. Not sure if they accept it.
Contacted congressman and sent them documents.
Need to contact Ombudsman.
Any inputs guys?
Almond
07-17 11:02 AM
Almond: what browser are you using ?
Firefox but I tried it in IE too and nothing. I did a disk cleanup as well. Mystery:confused:
Firefox but I tried it in IE too and nothing. I did a disk cleanup as well. Mystery:confused:
