chintu25
01-14 02:23 PM
Letter sent out Last Thursday . Voted too
wallpaper Civic Type R - ep3
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.
gkrish
05-31 02:43 AM
count is 366 and going strong...!
Have sent to a few colleagues and friends as well..
Good luck to all!
Have sent to a few colleagues and friends as well..
Good luck to all!
2011 Fits Honda Civic EP3 Type R
ireddy
08-22 01:58 PM
They worked enough for this year and they have lot to do. According to my guess they have the following pending work.
1. Issue Receipts (Sep/October)
2. Issue EAD cards for approx 300,000 applicants? (October/November/December)
3. Issues AP for 300,000 (October/November/December)
On top of this they need to celebrate thanksgiving and christmas like every citizen. So don't expect too much from them for this year.
If at all there is some momement in EB numbers, that will happen only between Jan-March(before H1-B madness starts).
Good luck !
I think you missed a new one (in news today)
- Issue new Green Cards for 750,000 (cards without expiration dates have to be replaced)
1. Issue Receipts (Sep/October)
2. Issue EAD cards for approx 300,000 applicants? (October/November/December)
3. Issues AP for 300,000 (October/November/December)
On top of this they need to celebrate thanksgiving and christmas like every citizen. So don't expect too much from them for this year.
If at all there is some momement in EB numbers, that will happen only between Jan-March(before H1-B madness starts).
Good luck !
I think you missed a new one (in news today)
- Issue new Green Cards for 750,000 (cards without expiration dates have to be replaced)
more...
drona
07-06 11:25 PM
Well said Janilsal. I wish we could improve the atmosphere here in IV. Less bickering, insulting and abusing each other, and more cooperative effort and sharing of knowledge to help each other. We might even increase our membership. I know a few people who stay away from IV because of all the insults and abuses that are posted.
dingudi
11-30 11:18 AM
Guys,
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
I still have not received mine yet. I am pretty sure that our FP generation has some problem due to some glitch in their system.
What is DHS 7001 ?
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
I still have not received mine yet. I am pretty sure that our FP generation has some problem due to some glitch in their system.
What is DHS 7001 ?
more...
Gravitation
07-06 03:47 PM
Members: can you request IV to endorse this ... more than 100 people are waiting to get hear 'YES' from core...
http://immigrationvoice.org/forum/showthread.php?t=6025
thank you
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
http://immigrationvoice.org/forum/showthread.php?t=6025
thank you
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
2010 2002 Honda Civic Type R
reddymjm
05-14 11:07 AM
Are you also preaching? you made that guy delete his posts.
more...
pooja_34
12-22 02:27 PM
Now you are trying to hijack my other thread - Why dont you start your own threads MF?? And please update your priority date :)
They showed finger ? :D
They showed finger ? :D
hair Honda Civic Type R Ep3. Honda
BharatPremi
09-21 12:03 PM
:eek: Okay what exactly did you do in DC? ;)
:D
See my signature
:D
See my signature
more...
admin
02-04 08:10 AM
Way to go California team. The rest of the states should look to CA as our role model.
hot HONDA CIVIC TYPE R EP3
Life2Live
07-07 06:46 PM
Hi can someone provide link plz
more...
house Fits Honda Civic EP3 Type R
RNGC
04-24 03:16 PM
Sandy_77
Oh man...very sad for you.....this should not be happenning
Where are you ? If in India, go to CNN-IBN, NDTV or some news channel and get your story out....You are not doing any crime, you are just telling your side of the story.... I just sent a PM to pappu(admin) to see how IV can help people stuck in India
Oh man...very sad for you.....this should not be happenning
Where are you ? If in India, go to CNN-IBN, NDTV or some news channel and get your story out....You are not doing any crime, you are just telling your side of the story.... I just sent a PM to pappu(admin) to see how IV can help people stuck in India
tattoo HONDA CIVIC TYPE-R CIRCUIT
sjkumar
05-01 11:10 AM
Defence deals , trade , outsourcing and immigration have always been very closely related all these years . The main reason that Obama was in India was to sell American wares and the No 1 list of his agenda was the $10.1 Billion MMRCA deal apart from future contracts on India's Nuclear Power generation program.
India on the other hand too has always lobbied the US on H1Bs and overall outsourcing issue and the deliberate maligning of Indian outsourcing companies was responded to with a warning by India that the US will be seriously disadvantaged in its other trade with India should US politicians continue to target Indian IT companies and IT engineers particularly.
This was clear in the Doha talks starting in 2007 and later years in where India chose to bring specifically the H1-B visa issue always , although the Doha talks might not have been the right forum to bring such issues. ( see link below )
India Links Visa Flap with Doha Talks (http://www.businessweek.com/globalbiz/content/may2007/gb20070518_492934.htm)
"The country's Commerce & Industry Minister says stories of work visa abuse by outsourcing companies could hurt chances for a global trade deal "
So the carrot of "Global trade" with India was being used very effectively so far by India to lobby for getting other concessions in the outsourcing industry and I am not sure how much this is going to be possible now .
In reality the level of Indo US relations has reached has never been so low in recent times and the below articles aptly details out the causes and the sentiment.
Nothing positive in Indo-US ties since nuclear deal - Times Of India (http://articles.timesofindia.indiatimes.com/2011-04-29/india/29487082_1_nuclear-deal-nuclear-liability-law-indian-nuclear-power-sector)
"Its unclear whether he(Obama) will listen to his advisers to pay India back for its decision(MMRCA)."
Outsourcing.. Immigration ...Trading.. India Opening couple of more sector for MNC to invest all are related.. Shortly we will hear news about India Opening Retail or some other sector for MNCs to invest or open shop.. Remember one of India's biggest Export is Skilled Man power .. be it IT engineers,Nurses,Plumbers etc...
India on the other hand too has always lobbied the US on H1Bs and overall outsourcing issue and the deliberate maligning of Indian outsourcing companies was responded to with a warning by India that the US will be seriously disadvantaged in its other trade with India should US politicians continue to target Indian IT companies and IT engineers particularly.
This was clear in the Doha talks starting in 2007 and later years in where India chose to bring specifically the H1-B visa issue always , although the Doha talks might not have been the right forum to bring such issues. ( see link below )
India Links Visa Flap with Doha Talks (http://www.businessweek.com/globalbiz/content/may2007/gb20070518_492934.htm)
"The country's Commerce & Industry Minister says stories of work visa abuse by outsourcing companies could hurt chances for a global trade deal "
So the carrot of "Global trade" with India was being used very effectively so far by India to lobby for getting other concessions in the outsourcing industry and I am not sure how much this is going to be possible now .
In reality the level of Indo US relations has reached has never been so low in recent times and the below articles aptly details out the causes and the sentiment.
Nothing positive in Indo-US ties since nuclear deal - Times Of India (http://articles.timesofindia.indiatimes.com/2011-04-29/india/29487082_1_nuclear-deal-nuclear-liability-law-indian-nuclear-power-sector)
"Its unclear whether he(Obama) will listen to his advisers to pay India back for its decision(MMRCA)."
Outsourcing.. Immigration ...Trading.. India Opening couple of more sector for MNC to invest all are related.. Shortly we will hear news about India Opening Retail or some other sector for MNCs to invest or open shop.. Remember one of India's biggest Export is Skilled Man power .. be it IT engineers,Nurses,Plumbers etc...
more...
pictures HONDA CIVIC TYPE R EP3 TYPER ALLOY RACE ENGINE RADIATOR Manifolds Downpipes
vrbest
08-25 10:44 AM
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
dresses **Red Ep3 Type R Seats with
abd
04-04 02:24 PM
Sent both the faxes.
:)
:)
more...
makeup Honda Civic Type R - FD2
dixie
12-04 05:12 PM
Why is this good news again?
One less "what if" to worry about with regards to retrogression and its consequences.
One less "what if" to worry about with regards to retrogression and its consequences.
girlfriend Drives:Honda Civic Type R
nixstor
12-14 04:42 PM
Hey brother,
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
If you are really interested in learning more how these allocations work, You might want to talk to 2 depts in Bureau of Consular Affairs.
1) OFFICE OF FIELD SUPPORT LIAISON (CA/VO/F)
2) OFFICE OF INFORMATION MANAGEMENT AND LIAISON (CA/VO/I)
Their numbers as per foia
http://foia.state.gov/Phonebook/OrgDirectory/OrgDir.asp?ID=27
Try your luck and enlighten all of us. Tell them that the VB is more exciting than the BCS rankings.
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
If you are really interested in learning more how these allocations work, You might want to talk to 2 depts in Bureau of Consular Affairs.
1) OFFICE OF FIELD SUPPORT LIAISON (CA/VO/F)
2) OFFICE OF INFORMATION MANAGEMENT AND LIAISON (CA/VO/I)
Their numbers as per foia
http://foia.state.gov/Phonebook/OrgDirectory/OrgDir.asp?ID=27
Try your luck and enlighten all of us. Tell them that the VB is more exciting than the BCS rankings.
hairstyles Standard Facelift EP3 Type-R
gc_buddy
06-05 01:40 AM
USCIS releases new AC21 Memo..Not too sure what the revisions are..:confused:
Source :
http://www.immigration-law.com/
Source :
http://www.immigration-law.com/
guchi472000
05-31 03:58 AM
Yes... 368:)
Keep voting guys........ Lets see it will help or not......
Keep voting guys........ Lets see it will help or not......
map_boiler
08-08 10:12 AM
...as some other folks here have suggested would be to get F1 first, and then get married. Will need to move on the F1 quickly (since it is already August), especially if she needs to do TOEFL/GRE/GMAT. Might also need to postpone wedding by a few weeks. This seems like the best option.
Congrats, and all the best!
Congrats, and all the best!