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.
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desi_voice
04-16 03:07 PM
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
Hi number30,
I know many of my friends who have Indian 3 yr bachelors & 2/3years of Masters + 5 years experience post education applied in EB2 and got I-140 approved and many of them got their GC too.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
Hi number30,
I know many of my friends who have Indian 3 yr bachelors & 2/3years of Masters + 5 years experience post education applied in EB2 and got I-140 approved and many of them got their GC too.
shree772000
10-26 08:15 PM
Maybe your I140 was withdrawn by the company A.
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GCard_Dream
06-26 04:05 PM
I am getting confused here about digital photo and USCIS not accepting them. I am assuming that "digital photo" just means pictures taken from a digital camera and printed out, which is what most of the studios do anyways, so why would USCIS have any problem with it. Is there a difference in pictures taken from a digital camera vs poloroid camera? If anything, digital camera most likey will have far better picture quality than poloroid camera so what's the deal with "digital photo" being unacceptable. Or do you guys mean a photo on a floppy of something when you say digital photo.
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nag2007
10-11 04:48 PM
Well that depends on lots of things. If your assumption is that the PD is gonna move slowly and gradually forward, then what you are saying is true. Again, once he/she files 485, his 485 is not going to be processed immediately. AP, EAD may be issued but it may take 6-9 months for 485 to get processed.
However, if PD moves so much ahead that your PD is also current, then you will get your GC (if other processes are complete) whereas he/she would have just filed 485.
I completely agree with you. Without all these process, u cannot get GC even if you have PD. I think we all are in a fix.
However, if PD moves so much ahead that your PD is also current, then you will get your GC (if other processes are complete) whereas he/she would have just filed 485.
I completely agree with you. Without all these process, u cannot get GC even if you have PD. I think we all are in a fix.
dingudi
12-28 11:51 AM
This is my first post so forgive if I am not in the right place,
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
I would suggest to wait for I-140 to be approved. Once I-140 is approved , PD belongs to you. You can then move to another employer and then restart GC and port the PD with the new employer when they file for I-140. There is a grey area where I am not sure if old employer withdraws I-140 , if you will still be able to port the PD. Some say you cannot port previous PD if previous I-140 is withdrawn due fraud or misrepresentation. Some say if its withdrawn then thats sufficient to lose the old PD no matter what the reason of withdrawl is.
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
I would suggest to wait for I-140 to be approved. Once I-140 is approved , PD belongs to you. You can then move to another employer and then restart GC and port the PD with the new employer when they file for I-140. There is a grey area where I am not sure if old employer withdraws I-140 , if you will still be able to port the PD. Some say you cannot port previous PD if previous I-140 is withdrawn due fraud or misrepresentation. Some say if its withdrawn then thats sufficient to lose the old PD no matter what the reason of withdrawl is.
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letstalklc
11-03 11:13 AM
EB2 I will remain same
EB3 I will move little bit...
Hoping for the Jan bulletin if at all any qurterly spillover.....
some one from Immigration Voice should get the info USCIS regarding thequrterly spillover.
EB3 I will move little bit...
Hoping for the Jan bulletin if at all any qurterly spillover.....
some one from Immigration Voice should get the info USCIS regarding thequrterly spillover.
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mbartosik
01-27 01:23 PM
To he who handed over $7K.....
If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).
These include things like H1B processing fees.
They might include labor certification fees (required for GC).
Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.
So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.
I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.
If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).
These include things like H1B processing fees.
They might include labor certification fees (required for GC).
Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.
So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.
I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.
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desi3933
08-10 06:50 AM
Questions for everyone to research and post the answers------
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
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krishna_brc
06-12 04:50 PM
The bill goes no where after the hearings unless there are enough co-sponsors and CHC members are ok with the bills. Then the house speaker will decide to let the bills be debated and voted on the house floor. If it goes through House then Senate will vote on it and then the Prez signs it off.
So the most important thing is to participate in the phone campaign esp the one targeting CHC members.
Hi,
Did this bill passed in House Of Representatives?
Thanks,
Krishna
So the most important thing is to participate in the phone campaign esp the one targeting CHC members.
Hi,
Did this bill passed in House Of Representatives?
Thanks,
Krishna
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chanduv23
02-07 12:47 PM
Some tri staters have reported sending out multiple letters - will get the number soon
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jchan
11-30 04:54 PM
Thanks for the good work. However, I saw a major potential flaw in estimating the applications from ROW. The report finds the life cycle for a ROWer to submit 485 is 1 year, thus assuming little AOS applications will be filed in the coming year from ROW. But this analysis forgot to consider those ROWers who started GC in year 2008. A person who started working in 11/2008 is ready to submit 485 now and uses one quota, even if a person who just started working won't be able to submit AOS till a year from now. With this under consideration, I feel the spillover will be much less than initially estimated.
Please correct me if I missed anything.
Please correct me if I missed anything.
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snhn
09-14 03:40 PM
You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.
Thanks!
Thanks!
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edaltsis
08-08 10:03 AM
Same thing happened with one of my friends. He went to India immediately got married and brought his wife to US, the GC status would not update at the port of entry system that quick so he took a chance. You can give a try to schedule an appointment at the Chennai embassy for dependent visa (through your H1B). My friend spoke with a reputed law firm (I dont want to mention the name here but you all know 'her') who advised this and he got lucky.
As the priority dates are current you can apply for 485 for your spouse. Good Luck!
As the priority dates are current you can apply for 485 for your spouse. Good Luck!
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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.
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Jaime
05-27 09:06 PM
Gianik:
Please feel free to send me a private message or email me at jaimemrm2002@yahoo.com and I will be glad to help you as much as I can with immigration to Canada.
Actually, immigrating to Canada is quite simple if you are the right person that they are looking for (and from the qualifications that you described you are, trust me). Canada has a very low natality rate and their strategy is to grow through immigration. Canada is the 2nd largest country in the world after Russia, but it only has over 30 millio inhabitants. They are admitting roughly 250,000 new immigrants a year.
The first step is to take the eligibility test, which if you pass, it means that pretty much you are in (the rest is just paperwork). You can take the assesment online (as well as find a lot of information) on the CIC ("Citizenship and Immigration Canada) website at:
http://www.cic.gc.ca/english/skilled/assess/index.html
Many people use Canadian immigration attorneys to file their petitions, but you don't really need one (I started with oe and then fired them when I saw the process was so simple!)
After that they will as you for: police reports, a medical exam, to take the IELTS English test, etc. Finally, they will send you a passport request (it all takes at the most 1 year) and they will stamp your and your family's immigrant visas on your passports. The you have a year from the date of your medical exams to go to Canada and finalize the paperwork at the port of entry (land, air or sea port) and that's it.
What's really nice is that if you want/need to you can keep your U.S. job for up to 3 full years after becoming a Canadian permaent resident before you are required to actually move to Canada, which gives you great flexibility.
The CIC website is your best tool (you are even be able to track your case on there). Also, visit the Canadian Embassy's website of your country of origin for ay special instructions. Let me know if you have any questions. Thanks!
Please feel free to send me a private message or email me at jaimemrm2002@yahoo.com and I will be glad to help you as much as I can with immigration to Canada.
Actually, immigrating to Canada is quite simple if you are the right person that they are looking for (and from the qualifications that you described you are, trust me). Canada has a very low natality rate and their strategy is to grow through immigration. Canada is the 2nd largest country in the world after Russia, but it only has over 30 millio inhabitants. They are admitting roughly 250,000 new immigrants a year.
The first step is to take the eligibility test, which if you pass, it means that pretty much you are in (the rest is just paperwork). You can take the assesment online (as well as find a lot of information) on the CIC ("Citizenship and Immigration Canada) website at:
http://www.cic.gc.ca/english/skilled/assess/index.html
Many people use Canadian immigration attorneys to file their petitions, but you don't really need one (I started with oe and then fired them when I saw the process was so simple!)
After that they will as you for: police reports, a medical exam, to take the IELTS English test, etc. Finally, they will send you a passport request (it all takes at the most 1 year) and they will stamp your and your family's immigrant visas on your passports. The you have a year from the date of your medical exams to go to Canada and finalize the paperwork at the port of entry (land, air or sea port) and that's it.
What's really nice is that if you want/need to you can keep your U.S. job for up to 3 full years after becoming a Canadian permaent resident before you are required to actually move to Canada, which gives you great flexibility.
The CIC website is your best tool (you are even be able to track your case on there). Also, visit the Canadian Embassy's website of your country of origin for ay special instructions. Let me know if you have any questions. Thanks!
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nk2006
12-01 11:27 AM
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
You can actually use the educational investment money outside USA also (atleast in some schemes). Also its not completely shut out - if you prefer to take the money outside of 529plans for other than educational purposes - you can do that but have to pay penalty just like early cash out of 401k.
Yes all these add to extra hassles a non-immigrant has to go thru even for as simple thing as saving money for kids education.
You can actually use the educational investment money outside USA also (atleast in some schemes). Also its not completely shut out - if you prefer to take the money outside of 529plans for other than educational purposes - you can do that but have to pay penalty just like early cash out of 401k.
Yes all these add to extra hassles a non-immigrant has to go thru even for as simple thing as saving money for kids education.
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mariusp
06-05 09:46 AM
Please read this: http://immigration-information.com/forums/blog.php?b=9
and look at the date when it was posted. Is it a coincidence that IV started a similar initiative two days later? could be... but he deserves some recognition. Ron is an immigration lawyer and not a 10k member organization such as IV so he does what he can, and in my opinion provides a good free of charge, service to the community, something that I don't see a lot of other people doing.
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
and look at the date when it was posted. Is it a coincidence that IV started a similar initiative two days later? could be... but he deserves some recognition. Ron is an immigration lawyer and not a 10k member organization such as IV so he does what he can, and in my opinion provides a good free of charge, service to the community, something that I don't see a lot of other people doing.
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
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katewill
01-31 10:46 AM
Where is this from? $905 for I-485?
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
fundo14
02-21 01:42 AM
No. I am not an employee of any of the companies named in H1B visa fraud last week. The current employer is my the sponserer of my H1 B visa and also my first employer . I did not change my employer.
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
coloniel60
08-15 01:32 PM
Some peoples think that they are the smartest world has ever Produced.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
If a lawyer is mailing the application and he probably is mailing hundreds of applications, he won't give the applicant's address in the USPS senders address. So there is no way to match a receipt to an applicant. Besides USCIS won't know what the contents of the package are.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
If a lawyer is mailing the application and he probably is mailing hundreds of applications, he won't give the applicant's address in the USPS senders address. So there is no way to match a receipt to an applicant. Besides USCIS won't know what the contents of the package are.
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