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.
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Hi Guys -
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
If you got first LUD on AP within last month .. Just wait for some days to complete the month from the day of first LUD. If it is more than 1 month, I believe you should take infopass appointment.
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
If you got first LUD on AP within last month .. Just wait for some days to complete the month from the day of first LUD. If it is more than 1 month, I believe you should take infopass appointment.
You can sue this guy successfully there is no doubt, but you should have guts to do.
:mad:
i did watch the show, i feel my blood arousing to fight back. Well, we can try exposing his false faces to other TV show hosts like msnbc, foxnews etc.
Am sure there should be some law point to help us sue this guy.
:mad:
i did watch the show, i feel my blood arousing to fight back. Well, we can try exposing his false faces to other TV show hosts like msnbc, foxnews etc.
Am sure there should be some law point to help us sue this guy.
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Kid? Pot calling the kettle black?
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
Who is your employer?
When you GC is screwed you dont have a reason or purpose to keep quiet.
Post their name here, no one will ever join him.
File a lawsuit against them..I am sure you may have had emails about his promises or you paying money for GC.
When you GC is screwed you dont have a reason or purpose to keep quiet.
Post their name here, no one will ever join him.
File a lawsuit against them..I am sure you may have had emails about his promises or you paying money for GC.
Again, incorrect english - Why dont you go learn english and then post here - Till then use your local language forums only !
I am not in the bed with you to take your direction
I am not in the bed with you to take your direction
Hi Guys,
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
My younger brother just entred US last OCT , If you live in Dallas you can go to any DMV rules are different in different counties my bro went to Denton county and no questions asked matter of fact he got a 6yrs valid DL (technically he should be getting it until his H1B is valid ) . I would say either go to Carrollton or Denton county DMV.
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
My younger brother just entred US last OCT , If you live in Dallas you can go to any DMV rules are different in different counties my bro went to Denton county and no questions asked matter of fact he got a 6yrs valid DL (technically he should be getting it until his H1B is valid ) . I would say either go to Carrollton or Denton county DMV.
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Please tell me why you are not going to the Rally? Would really like to see you all there.
Hi All,
Sorry to bring this thread back.
See, what IV few members have written. I found them again in user control panel along with RED dots. I stopped caring about RED dots.
But, there are some comments that really hurts.
These are the comments few IV members wrote about my posting while giving a RED dot. Though I stopped caring about RED/Green's
One must behave like a civilized person. We came here with atleast Bachelors Degree. Some of them with Master Degree / PhD's. Majority of us are educated and know how to behave with people.
Do you know , how it hurts some one?. Are they doing in Green Card frustration? or Are they doing it wanted?.
Guys, all those who responded previously to this thread and and backed up fellow IV members, what do you say now?.
Good Bye for ever guys?.
don't support such kind of behaviour.But the problem is there is nothing anyone can do about it. Hope you understand the limitations of the admins.
Sorry to bring this thread back.
See, what IV few members have written. I found them again in user control panel along with RED dots. I stopped caring about RED dots.
But, there are some comments that really hurts.
These are the comments few IV members wrote about my posting while giving a RED dot. Though I stopped caring about RED/Green's
One must behave like a civilized person. We came here with atleast Bachelors Degree. Some of them with Master Degree / PhD's. Majority of us are educated and know how to behave with people.
Do you know , how it hurts some one?. Are they doing in Green Card frustration? or Are they doing it wanted?.
Guys, all those who responded previously to this thread and and backed up fellow IV members, what do you say now?.
Good Bye for ever guys?.
don't support such kind of behaviour.But the problem is there is nothing anyone can do about it. Hope you understand the limitations of the admins.
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ICE: "Sham" University, Cover For Illegals - FoxNews.com (http://www.foxnews.com/us/2011/01/28/ice-sham-university-cover-illegals/?test=latestnews)
Why is everyone blaming just the Chinese University for trying to circumvent the immigration system? It says 95% of the students were from Andhra Pradesh. These are the people who are causing delays in reforms and we pay the price by being stuck in the hole. The founders and all these students should be deported and banned from entering the US for life.
Why is everyone blaming just the Chinese University for trying to circumvent the immigration system? It says 95% of the students were from Andhra Pradesh. These are the people who are causing delays in reforms and we pay the price by being stuck in the hole. The founders and all these students should be deported and banned from entering the US for life.
There should a seperate quota for immigrants from Jhumri Talliya
In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.
I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.
I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.
In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.
I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.
I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.
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I guess we have to request Greg Siskind to post it on his blog? Usually he is very good in doing that
Best Regards
Best Regards
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How does one get to know if his Labor Substitution was rejected? If a Receipt Notice was received does that mean that it was accepted? And, can they reject it later?
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
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Shamu
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
Medicaid, I believe I don't quality because of my pay.
I am looking for some payment options from Hospitals which take care from prenatal to Delivery. I have individual insurance but, that would not cover maternity insurance. In Texas you would not get individual insurance with maternity.
But I have learn't that when you have individual insurance would cover all complications of delivery, including new born baby, but not regular delivery charges.
I hope some one on this forum would have some good information which would be helpful to me.
Any one reading this post, please provide your suggestions or ideas. That would be really helpful.
Thanking in advance.
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
Medicaid, I believe I don't quality because of my pay.
I am looking for some payment options from Hospitals which take care from prenatal to Delivery. I have individual insurance but, that would not cover maternity insurance. In Texas you would not get individual insurance with maternity.
But I have learn't that when you have individual insurance would cover all complications of delivery, including new born baby, but not regular delivery charges.
I hope some one on this forum would have some good information which would be helpful to me.
Any one reading this post, please provide your suggestions or ideas. That would be really helpful.
Thanking in advance.
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You still didn't explain how "immigrant status verification is related to homeland security" logically.
door lock and security are related. How is "immigrant status" and "security" related ? Would you mind explaining it logically ?
Sure, why not. An immigrant who is not in valid status is one who is legally not allowed to be in the country. Therefore he is a security threat. If somebody who should not be allowed in your house were in your house, you would consider him to be a security threat, wouldn't you? Am I missing something here?
door lock and security are related. How is "immigrant status" and "security" related ? Would you mind explaining it logically ?
Sure, why not. An immigrant who is not in valid status is one who is legally not allowed to be in the country. Therefore he is a security threat. If somebody who should not be allowed in your house were in your house, you would consider him to be a security threat, wouldn't you? Am I missing something here?
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To all the antis posting here........read this.........
http://www.leei.us/main/media/AACOP_STATEMENT_ON_SENATE_BILL_1070.pdf
Obviously Sherriff Joe Arpaio didn't get this memo............
http://www.leei.us/main/media/AACOP_STATEMENT_ON_SENATE_BILL_1070.pdf
Obviously Sherriff Joe Arpaio didn't get this memo............
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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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Kit your castle was wild, was it done from a photograph? Yeah, I used one of my old holiday snaps as a reference. One of the places I used to get taken on holiday to when I was a kid was up near Gloucester, and there was this old ruined castle. Used to love going there, and in the middle of this battle I suddenly remembered it and dug out my old photos. Had that next to me while I was drawing it. :)
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Don't preach...if this is your life..keep it with yourself..others have other reason to move forward with their life..no one has asked for any advise..just answer his questions..
Munna Bhai,
Why did you choose this pseudo name? Is it because of the character in that movie and the "Jaado ka jhappi" sentiments or something else?
This is the exact thing snathan was trying to do. I think you are an arrogant man.
snathan, it was touching and a very good post.
Munna Bhai,
Why did you choose this pseudo name? Is it because of the character in that movie and the "Jaado ka jhappi" sentiments or something else?
This is the exact thing snathan was trying to do. I think you are an arrogant man.
snathan, it was touching and a very good post.
If USCIS says, there is no problem to continue with our employment as long as we have applied for EAD renewal, there wouldn't be all this emotions. Every one would have normal BP. They must just come out and say that I would be ok to continue working.
It is so inhuman to treat us like this. They say "The day EAD expires, you must quit working until you receive the new EAD card".
Most of our jobs are replaceable in today's world. There is no shortage of "skilled workers". So, I for sure cannot take a long leave and wait for EAD to come by and re-join....because my job would be gone by then to some other "skilled" person. And its not easy to get another one quickly and without moving to a different place.
It is so inhuman to treat us like this. They say "The day EAD expires, you must quit working until you receive the new EAD card".
Most of our jobs are replaceable in today's world. There is no shortage of "skilled workers". So, I for sure cannot take a long leave and wait for EAD to come by and re-join....because my job would be gone by then to some other "skilled" person. And its not easy to get another one quickly and without moving to a different place.
It seems from your previous thread posts... you didn't wait till June 30th to file your wife's application, you filed it on the 6th...
don't preach what you can't follow yourself...
I beg you please close this thread!!! the other's are not agreeing to you, they are just playing along to see how far you can take this crazy idea...
pls get out of here and stop bothering people who are trying to get answers so they can get ready to file thier applications.
don't preach what you can't follow yourself...
I beg you please close this thread!!! the other's are not agreeing to you, they are just playing along to see how far you can take this crazy idea...
pls get out of here and stop bothering people who are trying to get answers so they can get ready to file thier applications.
