bkarnik
04-10 03:26 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"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. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"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. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
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skp71
12-12 09:49 PM
What's going on with EB3 ROW? No movement at all!! What's goin to happen in coming months???
walking_dude
11-30 03:26 PM
Where did you get this number 80,000 FB numbers given to EB immigrants? Please show me the source !
Also, you are forgetting about 7% country quota and the demand from ROW (which itself is retrogressed!).
So no matter what you may think, without IV it's going to be a long wait
The other bottleneck is USCIS' inefficiency, not a lack of visa numbers.
If you go thru the statistics of last few years, the annual quota for EB is 140,000 + 80,000 from family other category.IV might want to convince us otherwise, but looking at the numbers, I do not see a shortage of visa numbers.
Also, you are forgetting about 7% country quota and the demand from ROW (which itself is retrogressed!).
So no matter what you may think, without IV it's going to be a long wait
The other bottleneck is USCIS' inefficiency, not a lack of visa numbers.
If you go thru the statistics of last few years, the annual quota for EB is 140,000 + 80,000 from family other category.IV might want to convince us otherwise, but looking at the numbers, I do not see a shortage of visa numbers.
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roseball
08-23 11:43 AM
What about if the I-140(EB2) rejected?. The 485 will be rejected too?. What are the possibilities of I-140 rejection?
Thanks
The request to adjudicate I-485 will go out only after EB-2 I-140 is approved. I-140 rejection "should" not trigger your pending EB-3 I-485 rejection but it all depends on how the IO interprets your case. He could issue an RFE (I would guess) asking for an EVL for your EB-3 case. In my colleague's case however, TSC automatically adjudicated the I-485 since the new EB-2 I-140 carried the same Alien# as the pending I-485. It seems TSC has a system in place to identify such cases, NSC doesn't. Another colleague of mine whose I-485 is pending at NSC and EB-2 I-140 approved at TSC is still waiting for I-485 approval and its been a month since his I-140 was approved.
Thanks
The request to adjudicate I-485 will go out only after EB-2 I-140 is approved. I-140 rejection "should" not trigger your pending EB-3 I-485 rejection but it all depends on how the IO interprets your case. He could issue an RFE (I would guess) asking for an EVL for your EB-3 case. In my colleague's case however, TSC automatically adjudicated the I-485 since the new EB-2 I-140 carried the same Alien# as the pending I-485. It seems TSC has a system in place to identify such cases, NSC doesn't. Another colleague of mine whose I-485 is pending at NSC and EB-2 I-140 approved at TSC is still waiting for I-485 approval and its been a month since his I-140 was approved.
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dtekkedil
07-06 04:37 PM
Hello everyone!
Forward the times of india link to your friends! Spread the word!
Forward the times of india link to your friends! Spread the word!
meridiani.planum
12-19 11:28 AM
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
wish life were simple huh?
Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=934109056
wish life were simple huh?
Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=934109056
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mheggade
05-15 10:22 PM
I agree with Munna Bhai on this. There is no need to put salt on the wound , we should help if we can on the issue in hand instead of judging others.
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
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ken
09-30 12:04 PM
Thanks Ebizash. Yes I too have soft lud's on my wife AP on 9/25 and 9/28. I sent it to NSC. Yes the same barcode scanning reason was told to me by USPS. I hope that USCIS recieved the documents.
Thanks again for putting some light on this
Thanks again for putting some light on this
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coloniel60
08-14 06:23 AM
This is called OBSSESSIVE COMPULSIVE DISORDER
Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.
On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.
Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.
On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.
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leoindiano
08-21 12:20 PM
In last 2 days, 20th and 21st, Texas approved cases with 2002/2004 PD only, source:
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Soul
02-13 04:31 AM
Oh wow a tie, thats kinda cool :beam:
Congrats Eilsoe :bounce:
Well done everyone else too, I liked all the entries :)
This has got to be the biggest battle yet, most entries, most quality and most votes! :)
- Soul :goatee:
Congrats Eilsoe :bounce:
Well done everyone else too, I liked all the entries :)
This has got to be the biggest battle yet, most entries, most quality and most votes! :)
- Soul :goatee:
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gcseeker2002
03-02 02:51 PM
Did you wire transfer funds too many times in larger amounts?
this is absurd, why would wire transferring money have immigration officer visit the candidate, if they dont want to give us GCs then most people will continue to transfer money.
this is absurd, why would wire transferring money have immigration officer visit the candidate, if they dont want to give us GCs then most people will continue to transfer money.
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skynet2500
11-25 04:12 PM
Thanks Pappu and IV. the data looks very rosy for EB2 I. I hope it is accurate..:)
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rsdang1
11-03 06:30 PM
I GUESS a slight movement forward - say 3 months.... :D
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cloud 9
05-31 01:30 PM
Voted
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Leo07
06-02 03:29 PM
<<<<<<<<<<<<<<<<<bump>>>>>>>>>>>>
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aachoo
02-17 09:20 PM
another LUD today for me 02/17
What was your RFE for?
I am still waiting to see what my RFE was for.
I had another LUD today as well (2/17) (also had one on 2/10, 2/13). wife only had 2/10 and 2/13.
-a
What was your RFE for?
I am still waiting to see what my RFE was for.
I had another LUD today as well (2/17) (also had one on 2/10, 2/13). wife only had 2/10 and 2/13.
-a
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Kitiara
02-13 05:05 AM
I can scarcely believe it... Although I have to say that it would have been impossible to choose between the two entries. Perhaps this is the fairest result in the end. :)
Actually, I think results from three battles need to be put up - this one, the cartoon characters one and the line art one. Are there any more that haven't had the reults officially put up?
Actually, I think results from three battles need to be put up - this one, the cartoon characters one and the line art one. Are there any more that haven't had the reults officially put up?
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javadeveloper
01-09 11:37 AM
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
As per my knowledge:
You can take up to 60 days to submit COBRA forms.Apply for COBRA only when you used Doctors/Hospitals in these 20-30 days.If don't use doctors/hospitals in these 20-30 days you don't need insurance.You'll automatically get insurance from new company after 20-30 days.
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
As per my knowledge:
You can take up to 60 days to submit COBRA forms.Apply for COBRA only when you used Doctors/Hospitals in these 20-30 days.If don't use doctors/hospitals in these 20-30 days you don't need insurance.You'll automatically get insurance from new company after 20-30 days.
Daisy
01-07 01:14 AM
I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.
masala dosa
04-01 03:16 PM
Isnt no one reading this post?
only three Cos so far?
Shrey, please send me the plan for presentation .
Cheers mates
only three Cos so far?
Shrey, please send me the plan for presentation .
Cheers mates
