rayen
05-30 12:27 AM
Done.
wallpaper BEST FRIENDS FOREVER anime
h1techSlave
11-30 05:35 PM
I never said 80,000 FB visas are reserved for EB. Then those numbers would not be called as FB visas, would they?
Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !
Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !
ajm
01-28 03:55 PM
letter sent to WH and IV.
2011 Best Friends Forever Anime
Atpugkeviv
12-14 12:31 PM
The status on USCIS site chagned from initial receipt to approved and sent after about 105 days of receipt notice. I hope I recieve it next few days. I had applied to Dallas lock box - paper application.
more...
ppt.b
04-09 11:42 AM
Agreed 100%. Last year I was part of this lottery system, had a genuine job offer but was not lucky enough to be selected in the lottery. I know so many people who were lucky to get thru the lottery but are still hunting for jobs.
I hope this changes....may be after Presidential elections....
I hope this changes....may be after Presidential elections....
ragz4u
02-20 10:16 PM
These are the posts by the user hadron:
For anyone intending to 'vote with their wallet', please keep the following in mind:
- Only US citizens are allowed to contribute to political campaigns (it is even illegal to give money to a citizen friend and have him contribute as a straw-man)
- there are regulations regarding political action committees (PAC) controlled by 'agents of a foreign power'
We are well aware of this and WILL not be contributing to any political campaign. And in any case, where does contributing to political campaign come in the picture? We are just trying to get ourselves heard! Is that illegal in this 'free' country too?
While I appreciate the enthusiasm of the folks setting up IV.com (and I have no reason to doubt the sincerity and honesty of their efforts), I don't see a whole lot on the groups website dealing with the legal aspects noted above.
And then when I posted:
A lot of foreign governments and entities legally employ lobbyists in Washington. They are merely getting your voice heard by the people's representatives!
I am not a US Civics expert, but neither can be everybody else here!
hadron, just because somebody is Board-certified in one field of Medicine does not make them experts in everything else!
Please expound your expert views on how to win this battle, and we will follow you if that is the better way! Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!
This was what he posted:
Correct, and they are very careful to be registered with the secretary of state as a PAC or public interest lobbying organization. As you point out I am certainly not an expert on the law in this area, but before you start collecting a lot of money, make sure you have competent advice from someone who is (I looked into registering an immigration related PAC a year ago, after realizing the red-tape and political minefields involved I decided not to do so).
We are again beating around the bush here. As I have mentioned earlier, we are registering ourselves as a 501C4 org and are not a Political Action Committee from any angle. Hence the red-tape etc that hadron is talking about is not applicable here at all
Quote:
Please expound your expert views on how to win this battle, and we will follow you if that is the better way!
I actually don't know how to do that.
The reality is, in washington there are two things that open the door of a lawmakers office to a lobbyist:
- a check from the PAC aligned with his cause
- evidence that he represents measurable share of voting citizens in the home district of the representative or senator
And do you see the problem here?
You guys can't legally contribute to political campaigns and you don't represent voting citizens. So, having a lobbyist might be a first step, but it doesn't mean that your cause will be heard.
Hadron seems to have a very myopic view for everything. Anything and everything for him leads to a political contributions. How about trying the old fashioned way of making the lawmakers aware of the situation of legal immigrants. I don't know whether he has ever seen a reply to a fax from any senator/rep, but all of these misconstrue our request as being either a) A request to increase H1b quota or b) Give amnesty to illegal immigrants. The fact of the matter is the lawmakers do NOT know about our plight. If you read another post in this forum by the CA team that visited Sen. Dianne Feinstein's office, it came out very loud and clear! They had no clue about our plight. This coming from a senator who handles all the high tech firms in Silicon Valley with thousands of legal alien constituents! Imagine how much a senator from a state with no techie firms (like say South Dakota/Wyoming etc) know about us? Nothing, Nada, Zilch....but their vote is worth as much as any other senator.....so the primary aim for us as an org is to make every lawmaker realize our plight and influnce their decisions
Our main ally in the immigration arena is the US chamber of commerce. They are spending considerable money on advocating for employment based immigration reform (their main thrust however is getting access to unskilled workers, either through a guest worker program or through legalization. in a secondary way they are interested in higher H1b quotas to get access to cheap professionals, fixing retrogression is not very high on their agenda). Have you talked to other organizations classically on our side yet ?
What makes Hadron think that what he believes (that US chamber of commerce is our main ally) is gospel? In case he does not know, there are many other orgs that have a similar agenda. We have made significant progress in establishing relations with many of these orgs. Unfortunately, we cannot reveal everything here. There is more to it than meets the eye! Thats where QGA is helping us immensely
Quote:
Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!
Please, save me the melodramatics.
Immigration bills get introduced by the dozen every year, most of them don't even make it into committee (but every time one gets introduced, people here on this board get all excited that finally 'relief is here'.) Even if a coalition of influential senators picks up the issue, there is no guarantee that it will go anywhere.
True, but how often do you see rallies across the country either pro or anti immigrants? How often do you hear about immigration being a hot issue and being discussed on CNN/Fox everyday? How often does the President address it in his State of the Union address? The fact of the matter is that this issue is really hot right now. Do not forget that this is an election year. A lot of the reps hoping to get reelected from border states like TX.AZ etc had promised their constituents that they will tackle immigration reforms. If they do nothing, they will face the wrath!
If there was ever a chance of an immigration bill passing, it is now. If that does not happen, forget about any chance of any immigration related stuff happening in the next 5 years. The question we need to ask ourselves right now is, 'Am I going to TRY to do something this time or should I try it after 5 years'. I know my answer is NOW. But if you want to be pessimistic and think that no bill might get passed, you are in the wrong place. You are better off visiting murthy.com and hope that she announces rapid movement of dates. the primary reason we are all converging here is because we believe that something will happen to the immigration bill and we want to make sure we are not forgotten
--------------------------------------------------------------------------------
This is last post:
I am not angry at anyone, and I don't think that any of my posts can be misconstrued to convey that impression.
I think it is a good idea to start (another) lobbying organization for immigrant rights as the existing ones have a interests very different from us. All the latino groups are only interested in family immigration and legalization of illegals, employment based immigration is only a little blip on their radar screen. Industry on the other hand has their own agenda, again not one coinciding with our issues.
I just think that some of the people involved in IV.com are taking step2 before they have taken step1. They have a nice website (no big suprise with a project run by IT professionals) and are already soliciting contributions, but some aspects of it make me wonder about the level of professionalism involved.
Just to clarify, we are all people with daily jobs other than Immigration Voice. This is a volunteer organization. Do not expect a macromedia flash welcome screen.
So as apparently some of the founders of this organization are present on this board, I would like the following questions answered:
- what is the legal form of your non-profit organization ?
Its on our home page, but just in case, we have applied for 501 C4 status
- is this entity registered in any state, if yes in which ?
Again, the address is listed on the web site.....but since you did not bother to check it, it is NJ
- who is registered as the owner of the organizations bank account ?
It is owned by Immigration Voice. Remember, this is a NON Profit organization. It cannot be 'owned' by a person. Again this is on the web site..
- what is the structure of the organization ? Do you have dues paying members, is there a board of directors, trustees ??
Yes....if you know about 501 C4 orgs, they all NEED to have an org structure and there are officers and a board of trustees
- who are the officers of the organization ?
Everything is in place. 501 C4 cannot be registered without that.
For anyone intending to 'vote with their wallet', please keep the following in mind:
- Only US citizens are allowed to contribute to political campaigns (it is even illegal to give money to a citizen friend and have him contribute as a straw-man)
- there are regulations regarding political action committees (PAC) controlled by 'agents of a foreign power'
We are well aware of this and WILL not be contributing to any political campaign. And in any case, where does contributing to political campaign come in the picture? We are just trying to get ourselves heard! Is that illegal in this 'free' country too?
While I appreciate the enthusiasm of the folks setting up IV.com (and I have no reason to doubt the sincerity and honesty of their efforts), I don't see a whole lot on the groups website dealing with the legal aspects noted above.
And then when I posted:
A lot of foreign governments and entities legally employ lobbyists in Washington. They are merely getting your voice heard by the people's representatives!
I am not a US Civics expert, but neither can be everybody else here!
hadron, just because somebody is Board-certified in one field of Medicine does not make them experts in everything else!
Please expound your expert views on how to win this battle, and we will follow you if that is the better way! Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!
This was what he posted:
Correct, and they are very careful to be registered with the secretary of state as a PAC or public interest lobbying organization. As you point out I am certainly not an expert on the law in this area, but before you start collecting a lot of money, make sure you have competent advice from someone who is (I looked into registering an immigration related PAC a year ago, after realizing the red-tape and political minefields involved I decided not to do so).
We are again beating around the bush here. As I have mentioned earlier, we are registering ourselves as a 501C4 org and are not a Political Action Committee from any angle. Hence the red-tape etc that hadron is talking about is not applicable here at all
Quote:
Please expound your expert views on how to win this battle, and we will follow you if that is the better way!
I actually don't know how to do that.
The reality is, in washington there are two things that open the door of a lawmakers office to a lobbyist:
- a check from the PAC aligned with his cause
- evidence that he represents measurable share of voting citizens in the home district of the representative or senator
And do you see the problem here?
You guys can't legally contribute to political campaigns and you don't represent voting citizens. So, having a lobbyist might be a first step, but it doesn't mean that your cause will be heard.
Hadron seems to have a very myopic view for everything. Anything and everything for him leads to a political contributions. How about trying the old fashioned way of making the lawmakers aware of the situation of legal immigrants. I don't know whether he has ever seen a reply to a fax from any senator/rep, but all of these misconstrue our request as being either a) A request to increase H1b quota or b) Give amnesty to illegal immigrants. The fact of the matter is the lawmakers do NOT know about our plight. If you read another post in this forum by the CA team that visited Sen. Dianne Feinstein's office, it came out very loud and clear! They had no clue about our plight. This coming from a senator who handles all the high tech firms in Silicon Valley with thousands of legal alien constituents! Imagine how much a senator from a state with no techie firms (like say South Dakota/Wyoming etc) know about us? Nothing, Nada, Zilch....but their vote is worth as much as any other senator.....so the primary aim for us as an org is to make every lawmaker realize our plight and influnce their decisions
Our main ally in the immigration arena is the US chamber of commerce. They are spending considerable money on advocating for employment based immigration reform (their main thrust however is getting access to unskilled workers, either through a guest worker program or through legalization. in a secondary way they are interested in higher H1b quotas to get access to cheap professionals, fixing retrogression is not very high on their agenda). Have you talked to other organizations classically on our side yet ?
What makes Hadron think that what he believes (that US chamber of commerce is our main ally) is gospel? In case he does not know, there are many other orgs that have a similar agenda. We have made significant progress in establishing relations with many of these orgs. Unfortunately, we cannot reveal everything here. There is more to it than meets the eye! Thats where QGA is helping us immensely
Quote:
Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!
Please, save me the melodramatics.
Immigration bills get introduced by the dozen every year, most of them don't even make it into committee (but every time one gets introduced, people here on this board get all excited that finally 'relief is here'.) Even if a coalition of influential senators picks up the issue, there is no guarantee that it will go anywhere.
True, but how often do you see rallies across the country either pro or anti immigrants? How often do you hear about immigration being a hot issue and being discussed on CNN/Fox everyday? How often does the President address it in his State of the Union address? The fact of the matter is that this issue is really hot right now. Do not forget that this is an election year. A lot of the reps hoping to get reelected from border states like TX.AZ etc had promised their constituents that they will tackle immigration reforms. If they do nothing, they will face the wrath!
If there was ever a chance of an immigration bill passing, it is now. If that does not happen, forget about any chance of any immigration related stuff happening in the next 5 years. The question we need to ask ourselves right now is, 'Am I going to TRY to do something this time or should I try it after 5 years'. I know my answer is NOW. But if you want to be pessimistic and think that no bill might get passed, you are in the wrong place. You are better off visiting murthy.com and hope that she announces rapid movement of dates. the primary reason we are all converging here is because we believe that something will happen to the immigration bill and we want to make sure we are not forgotten
--------------------------------------------------------------------------------
This is last post:
I am not angry at anyone, and I don't think that any of my posts can be misconstrued to convey that impression.
I think it is a good idea to start (another) lobbying organization for immigrant rights as the existing ones have a interests very different from us. All the latino groups are only interested in family immigration and legalization of illegals, employment based immigration is only a little blip on their radar screen. Industry on the other hand has their own agenda, again not one coinciding with our issues.
I just think that some of the people involved in IV.com are taking step2 before they have taken step1. They have a nice website (no big suprise with a project run by IT professionals) and are already soliciting contributions, but some aspects of it make me wonder about the level of professionalism involved.
Just to clarify, we are all people with daily jobs other than Immigration Voice. This is a volunteer organization. Do not expect a macromedia flash welcome screen.
So as apparently some of the founders of this organization are present on this board, I would like the following questions answered:
- what is the legal form of your non-profit organization ?
Its on our home page, but just in case, we have applied for 501 C4 status
- is this entity registered in any state, if yes in which ?
Again, the address is listed on the web site.....but since you did not bother to check it, it is NJ
- who is registered as the owner of the organizations bank account ?
It is owned by Immigration Voice. Remember, this is a NON Profit organization. It cannot be 'owned' by a person. Again this is on the web site..
- what is the structure of the organization ? Do you have dues paying members, is there a board of directors, trustees ??
Yes....if you know about 501 C4 orgs, they all NEED to have an org structure and there are officers and a board of trustees
- who are the officers of the organization ?
Everything is in place. 501 C4 cannot be registered without that.
more...
pete
12-13 03:11 PM
What you are doing is something USICS must stop!! Its wrong to jump the line and unfair on others.
Thats all!!
Pete MD
EBE2
Thats all!!
Pete MD
EBE2
2010 erin(best friends forever)
kumar_77
02-20 06:29 PM
47,000 applications pending .....Does this include all july filers too :rolleyes:
more...
MC4GC
01-24 01:08 PM
Hi,
MY company wants to know the list of Employers who have sent the letters. Is there any such info available.
Thanks,
MC4GC
MY company wants to know the list of Employers who have sent the letters. Is there any such info available.
Thanks,
MC4GC
hair friends forever anime. friends
H1bslave
09-19 04:38 PM
I was also looking here and there after rally no one handed me my green card :D
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
more...
andy garcia
02-01 03:17 PM
OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:
Accept the fee increases providing:
1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.
If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)
Be careful with point 3 lawyers will not be happy.
You can add
6. Stop using Commodore 64 for processing applications. Move to something called Doors ... sorry Windows;)
USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:
Accept the fee increases providing:
1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.
If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)
Be careful with point 3 lawyers will not be happy.
You can add
6. Stop using Commodore 64 for processing applications. Move to something called Doors ... sorry Windows;)
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new_horizon
12-14 10:11 AM
For how long is USCIS issuing the EAD & AP these days?
more...
house BestFriends.jpg Anime BFF
rockstart
02-23 03:10 PM
you can also show joint tax filed as additional proof. Her H4 stamping etc can be a proof too
tattoo Friends forever :) Love Hina
mbawa2574
07-06 06:27 PM
Bummer !!!!!
more...
pictures Best Friend
arunkotte
07-07 08:29 PM
Condi Rice Interview where she was asked about us.
http://www.cnbc.com/id/15840232?video=412859221
http://www.cnbc.com/id/15840232?video=412859221
dresses Friends Forever Anime.
![friends forever anime. Sketch] Friends Forever](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_t4E8NgSQqsT-za9XGf7JEil7arKd4AQ9SzmZsMkknNKfq9sWy38hn7Wsipuojadk6eHYN79fJcXkLyDhIh_ycDbt7QluQ-qREHDp7mugCro0xCo5UPqhHp6JmsBQigXZzI0gHM5oHNySQaDQq1n3TNyryrmf15aFovfKA6v8g2lx5nHUUZNIq1LXuZzQBxHKpVZ94DWbKAlLyuawsd6NerVU62qxvJp_VwFJ87lLOSPi0OmD2PFOIyXfvOOLmw6Pn-QB0-gf8pJoyLWDz30X1DayYZ-HcJP4fMWjPD8vCHnA=s0-d "Sketch] Friends Forever")
lazycis
12-28 10:54 AM
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Employer can withdraw I-140 even after 180 days. If possible, avoid that scenario. It will cause RFE or, worse, NOID. But ultimately you'll prevail.
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Employer can withdraw I-140 even after 180 days. If possible, avoid that scenario. It will cause RFE or, worse, NOID. But ultimately you'll prevail.
more...
makeup Six Best Friends Forever Image
hmehta
07-27 01:11 PM
Urgency of getting a receipt is that once you get the receipt, it means that USCIS has 'accepted' your application and it will not be rejected for lack of initial evidence.
Why do you keep calling them everyday? What is the urgency of getting receipts?
Why do you keep calling them everyday? What is the urgency of getting receipts?
girlfriend friends forever anime
widad2020
02-11 01:55 PM
I think MPADAPA' assumption about FB quota usage is not correct and I completely agree with realizeit.
Greatwork .
I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
Greatwork .
I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
hairstyles Best Friends Forever Pyama
akred
07-14 09:23 PM
Please dont talk BS if you do not even know who i am...i'm a member of this group since the start!!! So you have no right to say stuff you don't even know..i'm really tired of people being selfish and not caring about kids who do age out. Some children need this because they do become illegal, like myslef eventhough we we're legal...it doesnt harm you guys...so please help the dream act effort!!!
So let me guess, your parent applied under 245(i) in 2001 and thats why you have aged out. No thanks, that 245(i) amnesty has caused us enough problems with the labor certification backlogs.
So let me guess, your parent applied under 245(i) in 2001 and thats why you have aged out. No thanks, that 245(i) amnesty has caused us enough problems with the labor certification backlogs.
srd
02-07 01:28 PM
I am in same boat
bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
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.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
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.
