bkarnik
04-10 03:26 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
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PD_Dec2002
06-19 03:04 PM
You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....
desi3933 and WillIBLucky:
My lawyer as well as my wife's lawyer confirmed that an employment letter is not required if using pay stubs. Several posters on this forum have gotten the same information from their lawyers. Anyway, let's not get into a debate on who's correct or incorrect.
It's a different thing to have the employment letter to make the case stronger (probably), but you will definitely not get a RFE for using the pay stubs. And in "sats123"'s case, this is a less expensive and reliable option.
Of course, one could argue it's worth paying $5000 if it ensures a smooth adjucation, but then that would depend on the financial situation of the applicant. I cannot comment on that for "sats123".
Having written all this, please check with your own lawyers and do what they advise.
Thanks,
Jayant
desi3933 and WillIBLucky:
My lawyer as well as my wife's lawyer confirmed that an employment letter is not required if using pay stubs. Several posters on this forum have gotten the same information from their lawyers. Anyway, let's not get into a debate on who's correct or incorrect.
It's a different thing to have the employment letter to make the case stronger (probably), but you will definitely not get a RFE for using the pay stubs. And in "sats123"'s case, this is a less expensive and reliable option.
Of course, one could argue it's worth paying $5000 if it ensures a smooth adjucation, but then that would depend on the financial situation of the applicant. I cannot comment on that for "sats123".
Having written all this, please check with your own lawyers and do what they advise.
Thanks,
Jayant
Student with no hopes
04-23 11:04 AM
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
Arrived F1: Dec. 2001
H1-B: May 2005
Labor Applied: No
I-140 Applied: No
I-485 Applied: No
Laid off: April 2009
Departed USA: May 2009
You left US?
Arrived F1: Dec. 2001
H1-B: May 2005
Labor Applied: No
I-140 Applied: No
I-485 Applied: No
Laid off: April 2009
Departed USA: May 2009
You left US?
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ghouse1742
08-11 04:56 PM
I will use it surely when I come across a good opportunity. This is a provision provided by USCIS just for the specific purpose of changing jobs, so why do you anticipate any issues with using AC21 with in the guidelines for using it. I would also consult some one (best one will be a lawyer in my view) who has done this and has good knowledge of this to make sure everything is in order. Best of luck and enjoy the little flexibility AC21 provides.
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PD2002
04-04 01:24 PM
I have sent the fax to the senators in CA
prabasiodia
08-09 05:24 PM
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
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aquarianf
07-19 01:20 PM
No she cant becuase her visa appointment is on Aug 13.
I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your posibilities here. You have enough time to explore your options.
I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your posibilities here. You have enough time to explore your options.
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smisachu
08-08 12:44 PM
I am not sure you have to stick around for 6months or even 1 month. It is not specified anywhere. If the employer does not inform USCIS you are pretty much off the hook. Since we have GC now we dont have to tell USCIS or any one what we do. We can switch jobs/career paths and if the employer dosen't inform USCIS how will they know?
As far as people who used AC21, you are not with the original employer anyway so how does it matter if you switch jobs.
After being stuk on the career front for 10 years I am not waiting around anymore. I am going out and working on my career now that I finally have the freedom to do so..
As far as people who used AC21, you are not with the original employer anyway so how does it matter if you switch jobs.
After being stuk on the career front for 10 years I am not waiting around anymore. I am going out and working on my career now that I finally have the freedom to do so..
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Soul
02-02 06:30 PM
That hasn't been a rule in any past battle...
If we like another entry what doesn't it hurt to vote for it? In fact I think it's a good thing :beam:
- Soul :goatee:
If we like another entry what doesn't it hurt to vote for it? In fact I think it's a good thing :beam:
- Soul :goatee:
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vivek_ut
02-10 06:30 PM
Got the same email update today. Not sure what it indicates (if any).
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gc_kaavaali
06-05 11:50 AM
New memo is not helping us in terms of answering few questions. Can i comeback on H1B (without subject to cap limit) after changing job using EAD?
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485Mbe4001
01-19 08:05 PM
Posted letters to President and IV today. Contacted my company HR on friday, they expressed support, but i am not sure if they will mail a letter.
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chanduv23
07-31 10:47 AM
How did you get the LIN number for this case?
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styrum
03-27 11:23 PM
Then you are a hero!:D
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will take care of CO.
thx
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karanp25
06-05 06:37 PM
About 2 weeks back Murthy posted an article in it's bulletin "new AC-21 regulations expected soon" http://www.murthy.com/mb_pdf/050208_P.html which i believe was a result of some discussions USCIS had with AILA?
Now is this new AC-21 memo released today the one being referred to in the above mentioned Murthy bulletin? OR i should still hold my breath for more AC-21 changes coming from USCIS, so they can jeopardize status of people by changing their interpretation of laws every now and then? Anyone?
From Murthy:
AC21 Regulations under Revision
The liaison notes made brief reference to an AC21 regulation being under revision, with publication expected in the near future. AC21 became law in October 2000 and has been interpreted through a series of Legacy INS and USCIS memos, rather than regulations. There have been previous announcements of anticipated regulations on AC21, so it is unclear whether something is finally in the offing.
Now is this new AC-21 memo released today the one being referred to in the above mentioned Murthy bulletin? OR i should still hold my breath for more AC-21 changes coming from USCIS, so they can jeopardize status of people by changing their interpretation of laws every now and then? Anyone?
From Murthy:
AC21 Regulations under Revision
The liaison notes made brief reference to an AC21 regulation being under revision, with publication expected in the near future. AC21 became law in October 2000 and has been interpreted through a series of Legacy INS and USCIS memos, rather than regulations. There have been previous announcements of anticipated regulations on AC21, so it is unclear whether something is finally in the offing.
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Jayr
04-13 12:52 PM
Under predictions for the following months, it is noted that the demand for numbers has not materialized because of persistent backlog. To move things forward they have moved ahead the dates for ROW and the Phillipines. They have also stated that in the future months, they may continue this to include other areas and preference categories. This sounds like good news for those who have their labor certification completed. They also add a caveat that this advancement of dates may lead to eventual sudden and significant backlog in the future when the demand for numbers does materialize (read: when the backlog is actually cleared)
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ujjvalkoul
06-26 04:29 PM
Great. Thanks. That's what I had thought until someone came out and said that digital photos are unacceptable.
and that someone was me as my attorneys had suggested to in their memo. Now I will take this link back to them:
http://travel.state.gov/passport/gui...gital_880.html
and that someone was me as my attorneys had suggested to in their memo. Now I will take this link back to them:
http://travel.state.gov/passport/gui...gital_880.html
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PDOCT05
08-15 03:22 PM
I have just called USCIS and spoke to very good and friendly lady IO. She has told me that in case if our applications is rejected for any reason due to lack of intial evidence,less amount of check or any other reason they will send a notice for re-submittal of application.
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th5000th
11-25 07:13 PM
Current does not mean beyond your PD. There is no mention of PD's being current anytime soon.
What I mean is the analysis is too optimistic for EB2 China/India, which is hard for me to believe.
What I mean is the analysis is too optimistic for EB2 China/India, which is hard for me to believe.
nrk
10-26 08:55 PM
I just talked company A HR, my name one not among the withdrawn list, But he will look into that and let me know tomorrow.
Maybe your I140 was withdrawn by the company A.
Maybe your I140 was withdrawn by the company A.
Jaime
05-26 10:35 AM
Thanks!
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