glus
09-26 07:35 AM
Hi,
I think at this point, you need to show that the original 2000 graduation date was final and true. I would try to get a letter from your school stating that you did graduate with B.S. degree in 2000 and 2000 was the graduation year. Try to get an official letter stating that. The letter could, if possible, explain why later dates appear on you degree transcript. However, it must underline that you graduated in year 2000.
I think at this point, you need to show that the original 2000 graduation date was final and true. I would try to get a letter from your school stating that you did graduate with B.S. degree in 2000 and 2000 was the graduation year. Try to get an official letter stating that. The letter could, if possible, explain why later dates appear on you degree transcript. However, it must underline that you graduated in year 2000.
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user1205
01-15 01:18 PM
I did the same and got 2 more people to send them and I'm hoping for 2 more. We're a small office but any letter counts :)
I have bought stamps/envelops and printed # of letters by myself and going desk to desk and urging Desi's to sign and send letters.
I have bought stamps/envelops and printed # of letters by myself and going desk to desk and urging Desi's to sign and send letters.
singhsa3
12-28 10:41 AM
I am but with an approved I-140
See http://immigrationvoice.org/forum/showthread.php?t=16245&highlight=independence
See http://immigrationvoice.org/forum/showthread.php?t=16245&highlight=independence
2011 Mercedes Benz CL 63 AMG Coupe
shana04
02-12 03:39 PM
I had the same soft LUD on all my cases after AC21 letter was filed. No FP yet.
Good to hear atleast some one is onthe same boat
Good to hear atleast some one is onthe same boat
more...
India_USA
04-23 03:18 PM
We have been living in a county which has implemented 287g for some time. And I believe all legal residents in my county feel safer because of its implementation. Sure, there is a chance that 287g can be misused by the police. But tell me one law which can not be misused by police.
The thing is that more counties are signing on to 287g. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml).
I went thru the proposal in Arizona and could not find even one point which might be bad for us. Did any of you find something? Format Document (http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.sb1070_04-13-10_houseengrossed.doc.htm). I feel, IV should support such laws. We want the citizens and law abiding people in this country to support us; not the illegals.
The bill itself may not have anything wrong, but the blatant racial profiling will lead to lunatics to take law onto their own hands.
Think Progress � Home Page (http://thinkprogress.org/) Arizona militia recruiting veterans with �kill records� to patrol border.
The thing is that more counties are signing on to 287g. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml).
I went thru the proposal in Arizona and could not find even one point which might be bad for us. Did any of you find something? Format Document (http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.sb1070_04-13-10_houseengrossed.doc.htm). I feel, IV should support such laws. We want the citizens and law abiding people in this country to support us; not the illegals.
The bill itself may not have anything wrong, but the blatant racial profiling will lead to lunatics to take law onto their own hands.
Think Progress � Home Page (http://thinkprogress.org/) Arizona militia recruiting veterans with �kill records� to patrol border.
gcnirvana
06-20 03:06 PM
Thanks Arihant. Yes it is strange and I am trying to find their ulterior motive behind this. All the while I thought my employer is not one of the typical desi employers (read blood sucking) we hear about in this forum. Hope I am right.
By the way, my question was related to AC21 (after 180 days of filing 485). If I quit my current employer and join another company, how would I let USCIS know to forward all their RFEs to my new employer/lawyer and not to the old one. Am asking this because I heard the I-9 form we fill while changing employment is only for the employer and he doesn't forward it to anybody. Does my query make any sense at all or am I just blabbering BS :o
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
By the way, my question was related to AC21 (after 180 days of filing 485). If I quit my current employer and join another company, how would I let USCIS know to forward all their RFEs to my new employer/lawyer and not to the old one. Am asking this because I heard the I-9 form we fill while changing employment is only for the employer and he doesn't forward it to anybody. Does my query make any sense at all or am I just blabbering BS :o
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
more...
SkilledWorker4GC
07-08 04:32 PM
I dont think we could expect such thing from our community as we are born selfish and scared of things. Everone is just hoping that some miracle will happen and everyone will get their GCs. Or else people are happy with EAD/h1b renewals.We really lack the kind of leadership and atitude we had before independece both at home in india and here.I think people have made immigration problems as part of the many problems they have in their lives.
Leave alone ABCDs, Vinodh Khosla ka Ghosla, or Jindals or all the big shots ATA or TANA.
For a moment - lets look at our own community that is affected.
For all those who are not affected - this may seem a non issue except for universities, hospitals, and companies like MSFT etc.. where competition and talent is of high importance and where talent cannot be compromised and this mess is affecting them - it is OONLY these people who will support us and that too, they press more on h1b rather than green cards because they want man power and dont mind if it is h1b or GC. For an avg desi or any immigrant who is looking for a h1b, he has NO clue about this mess and will be glad to embrace the H1b quota increase and OPT extensions as everyone think GC is not an issue these days.
For a moment - look at the community that is affected - people like us. WE have to be on top of this. The backlogs seem to be close to a million and look at the number of people trying to do something about the situation. Anti immigrants paint us in bad light, media confuses our issues and writes rubbish, Lou Dobbs makes baseless comments and everyone in our community does nothing but trying to track EAD etc... A handful of people make phone calls, a handful send letters, a handful help IV. Others just sit and watch and pretend they don't know anything. When we make request to join state chapters very few join. Out of that very few actively participate in activities. When IIV asks people to enter a correct profile - very few do it.
Things will improve ONLY of the entire community stands up on their own without expecting others to do something for them
Leave alone ABCDs, Vinodh Khosla ka Ghosla, or Jindals or all the big shots ATA or TANA.
For a moment - lets look at our own community that is affected.
For all those who are not affected - this may seem a non issue except for universities, hospitals, and companies like MSFT etc.. where competition and talent is of high importance and where talent cannot be compromised and this mess is affecting them - it is OONLY these people who will support us and that too, they press more on h1b rather than green cards because they want man power and dont mind if it is h1b or GC. For an avg desi or any immigrant who is looking for a h1b, he has NO clue about this mess and will be glad to embrace the H1b quota increase and OPT extensions as everyone think GC is not an issue these days.
For a moment - look at the community that is affected - people like us. WE have to be on top of this. The backlogs seem to be close to a million and look at the number of people trying to do something about the situation. Anti immigrants paint us in bad light, media confuses our issues and writes rubbish, Lou Dobbs makes baseless comments and everyone in our community does nothing but trying to track EAD etc... A handful of people make phone calls, a handful send letters, a handful help IV. Others just sit and watch and pretend they don't know anything. When we make request to join state chapters very few join. Out of that very few actively participate in activities. When IIV asks people to enter a correct profile - very few do it.
Things will improve ONLY of the entire community stands up on their own without expecting others to do something for them
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another one
07-10 09:38 AM
People who saw the program yesterday... rather than ranting here please go and post a factually correct comment on CNN. If CNN receives the same number of comments as the number of posts on this thread it will be 100 times more effective use of time.
http://www.cnn.com/feedback/forms/form5.html?76
http://www.cnn.com/feedback/forms/form5.html?76
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jfredr
08-22 10:59 AM
Hey GC_sufferer sorry i thought u were member of AILA
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mihird
05-27 01:31 AM
Mihird:
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
I think, your best bet would be Canada....I don't know your nationality, but Indian immigration laws are tough...work visas are not easy to get...
Montreal is a great city! Very European and multi cultural...you can't avoid French influence, but you don't have to know French to survive...there are some great companies in Montreal...
If you need help identifying good employers in Montreal, send me a private email and I will be more than glad to help you!
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
I think, your best bet would be Canada....I don't know your nationality, but Indian immigration laws are tough...work visas are not easy to get...
Montreal is a great city! Very European and multi cultural...you can't avoid French influence, but you don't have to know French to survive...there are some great companies in Montreal...
If you need help identifying good employers in Montreal, send me a private email and I will be more than glad to help you!
more...
kevinkris
04-09 01:35 PM
http://i.cmpnet.com/informationweek/1179/H-1B_Approvals_for_initial_benefits_by_employers_FY0 7.xls
See this complete article.
http://www.informationweek.com/news/showArticle.jhtml?articleID=207001329&pgno=1&queryText=
So my estimate is there are around
50 to 60k consulting companies in whole USA.
Thanks,
Kris
I don't think consulting firms are alone to be blamed.
Lets say there are around 1000 consulting firms it the worst case there may be around 1500 firms which have a capacity to apply 15 H1B each.
still the number would come around 15000 to 30000 but the big 4 companies in India got 20,000 H1B last year, which means they might have applied around 45000 to 55,000 applications
my numbers may be bit off but i think Big 4 companies from India are doing more damage then consulting firms in US.
See this complete article.
http://www.informationweek.com/news/showArticle.jhtml?articleID=207001329&pgno=1&queryText=
So my estimate is there are around
50 to 60k consulting companies in whole USA.
Thanks,
Kris
I don't think consulting firms are alone to be blamed.
Lets say there are around 1000 consulting firms it the worst case there may be around 1500 firms which have a capacity to apply 15 H1B each.
still the number would come around 15000 to 30000 but the big 4 companies in India got 20,000 H1B last year, which means they might have applied around 45000 to 55,000 applications
my numbers may be bit off but i think Big 4 companies from India are doing more damage then consulting firms in US.
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plassey
08-01 10:49 PM
If you have a company's blank letter head and genuine salary slips then every thing goes...
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
more...
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GCaspirations
10-03 10:30 PM
GCaspirations...
How do yo uknow ur app moved from nsc to csc etc.. when you havenot got anything...other than just the lud on uscis website...
can u pl clarify?
I got transfer notice. Also LUD on the website.
How do yo uknow ur app moved from nsc to csc etc.. when you havenot got anything...other than just the lud on uscis website...
can u pl clarify?
I got transfer notice. Also LUD on the website.
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grupak
06-12 09:48 AM
Keep us posted.
more...
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logiclife
01-09 12:14 PM
http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML
FAQs About COBRA Continuation Health Coverage
What is COBRA continuation health coverage?
Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.
What does COBRA do?
COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.
Who is entitled to benefits under COBRA?
There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events:
Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time.
Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee's spouse, or an employee's dependent child. In certain cases, a retired employee, the retired employee's spouse, and the retired employee's dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries.
Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage.
Qualifying Events for Employees:
Voluntary or involuntary termination of employment for reasons other than gross misconduct
Reduction in the number of hours of employment
Qualifying Events for Spouses:
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
Qualifying Events for Dependent Children:
Loss of dependent child status under the plan rules
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
How does a person become eligible for COBRA continuation coverage?
To be eligible for COBRA coverage, you must have been enrolled in your employer's health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage.
What group health plans are subject to COBRA?
The law generally covers health plans maintained by private-sector employers with 20 or more employees, employee organizations, or state or local governments.
What process must individuals follow to elect COBRA continuation coverage?
Employers must notify plan administrators of a qualifying event within 30 days after an employee's death, termination, reduced hours of employment or entitlement to Medicare.
A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation or a child's ceasing to be covered as a dependent under plan rules.
Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to decide whether to elect COBRA continuation coverage. The person has 45 days after electing coverage to pay the initial premium.
How long after a qualifying event do I have to elect COBRA coverage?
Qualified beneficiaries must be given an election period during which each qualified beneficiary may choose whether to elect COBRA coverage. Each qualified beneficiary may independently elect COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child. Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.
How do I file a COBRA claim for benefits?
Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures must be described in the Summary Plan Description.
You should submit a claim for benefits in accordance with the plan's rules for filing claims. If the claim is denied, you must be given notice of the denial in writing generally within 90 days after the claim is filed. The notice should state the reasons for the denial, any additional information needed to support the claim, and procedures for appealing the denial.
You will have at least 60 days to appeal a denial and you must receive a decision on the appeal generally within 60 days after that.
Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from employers or benefits offices. There can be charges up to 25 cents a page for copies of plan rules.
Can individuals qualify for longer periods of COBRA continuation coverage?
Yes, disability can extend the 18 month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must:
Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage
Send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage
If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150% of the premium cost for the extended period of coverage.
FAQs About COBRA Continuation Health Coverage
What is COBRA continuation health coverage?
Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.
What does COBRA do?
COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.
Who is entitled to benefits under COBRA?
There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events:
Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time.
Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee's spouse, or an employee's dependent child. In certain cases, a retired employee, the retired employee's spouse, and the retired employee's dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries.
Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage.
Qualifying Events for Employees:
Voluntary or involuntary termination of employment for reasons other than gross misconduct
Reduction in the number of hours of employment
Qualifying Events for Spouses:
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
Qualifying Events for Dependent Children:
Loss of dependent child status under the plan rules
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
How does a person become eligible for COBRA continuation coverage?
To be eligible for COBRA coverage, you must have been enrolled in your employer's health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage.
What group health plans are subject to COBRA?
The law generally covers health plans maintained by private-sector employers with 20 or more employees, employee organizations, or state or local governments.
What process must individuals follow to elect COBRA continuation coverage?
Employers must notify plan administrators of a qualifying event within 30 days after an employee's death, termination, reduced hours of employment or entitlement to Medicare.
A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation or a child's ceasing to be covered as a dependent under plan rules.
Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to decide whether to elect COBRA continuation coverage. The person has 45 days after electing coverage to pay the initial premium.
How long after a qualifying event do I have to elect COBRA coverage?
Qualified beneficiaries must be given an election period during which each qualified beneficiary may choose whether to elect COBRA coverage. Each qualified beneficiary may independently elect COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child. Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.
How do I file a COBRA claim for benefits?
Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures must be described in the Summary Plan Description.
You should submit a claim for benefits in accordance with the plan's rules for filing claims. If the claim is denied, you must be given notice of the denial in writing generally within 90 days after the claim is filed. The notice should state the reasons for the denial, any additional information needed to support the claim, and procedures for appealing the denial.
You will have at least 60 days to appeal a denial and you must receive a decision on the appeal generally within 60 days after that.
Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from employers or benefits offices. There can be charges up to 25 cents a page for copies of plan rules.
Can individuals qualify for longer periods of COBRA continuation coverage?
Yes, disability can extend the 18 month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must:
Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage
Send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage
If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150% of the premium cost for the extended period of coverage.
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eastindia
07-29 01:11 PM
The "diversity" is a celebrated argument in USA. However, it takes a backseat when doling out amnesty. And "justice" is also important, and you can't sacrifice something as important as Justice for "diversity", which is just a long-term-point-of-view concept
Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?
Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?
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gk_2000
07-29 01:29 PM
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
It seems from your posts, the adage would apply to you: "You CANT wake up a man who is pretending to sleep". I will try not to pay any more attention to you
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
It seems from your posts, the adage would apply to you: "You CANT wake up a man who is pretending to sleep". I will try not to pay any more attention to you
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Macaca
08-31 05:46 PM
There is a blog attached to this article. Please follow up. Already, there are 72 comments.
On an unrelated note, my explorer dies on IV's new (since yesterday) home page. Some other explorer's work fine. How can I fix it? Thanks!
On an unrelated note, my explorer dies on IV's new (since yesterday) home page. Some other explorer's work fine. How can I fix it? Thanks!
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guy03062
04-12 12:19 PM
I totally agree with bkarnik.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
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.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
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.
DSJ
06-20 01:25 PM
I was saying all those things if the reason was money. If that is not the case then I am wrong, I am not an expert in suggesting different lawyer.
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
gc_maine2
05-15 01:00 PM
I agree too, it was inspiring story. good post snathan....
I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.
I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.
I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.
I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.
