GCHPLC
10-31 03:14 PM
It is EB3 India vote, is it right? I can't place my vote if I am from another country...
wallpaper We want the CUP! Go Canucks!
kaisersose
07-24 02:05 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
santa123
01-26 12:45 AM
Pls participate & write to CIS on your hardships
http://immigrationvoice.org/forum/showthread.php?p=312718#post312718
http://immigrationvoice.org/forum/showthread.php?p=312718#post312718
2011 Sedin Twins Stanley Cup
anurakt
01-17 02:08 PM
Well Said Pappu, if you ask for people to ask IV for updates 20 times a day, we will get thousands of contributions ...but when it comes to money to support the cause .....all these beggers (yes beggers ! ) don't show the faces. These people call themselves high skilled , I call them high skilled beggers ...they want everything without contributing a cent .... shame on you beggers ... Please go back to your country , you won't get GC.....:mad: :mad:
Shameless creatures, not even a single guy came and blasted me out for such comments ..! This means that I am telling the truth. You guys don't even have any self dignity left to come and face off with me.
:mad: :mad:
Shameless creatures, not even a single guy came and blasted me out for such comments ..! This means that I am telling the truth. You guys don't even have any self dignity left to come and face off with me.
:mad: :mad:
more...
yabadaba
08-15 04:14 PM
i am squishing up a baby bumble bee ..wont my mommy be so proud of me...i m squishing up a baby bumble bee...ewww its yucky
abcdefgh
01-17 08:17 AM
Pappu:
Can we post link to this thread some where on every page so that who ever visits IV sees this thread right away? May be in different color or in some way so that it stands out. It looks like this thread is lost among all other threads.
Can we post link to this thread some where on every page so that who ever visits IV sees this thread right away? May be in different color or in some way so that it stands out. It looks like this thread is lost among all other threads.
more...
frodobaggins
04-03 11:52 PM
:mad:
Hey imv116, how about the fact that it is totally unethical and illegal? How can you support this? I myself have done MS and have seen the effect of this ridiculous practice. I was very good and yet could not get any job because the market is flooded with false resumes. So employers think there are many experienced candidates and do not want freshers!!
Also, just like others have mentioned, it undermines the quality and experience of the genuine people. I agree that students sometimes do not have a choice in the current scenario. But at the same time, many of them are just not good enough to get a job on their own merit. That is why they have no problem resorting to such shameful tactics.
:mad:
Hey imv116, how about the fact that it is totally unethical and illegal? How can you support this? I myself have done MS and have seen the effect of this ridiculous practice. I was very good and yet could not get any job because the market is flooded with false resumes. So employers think there are many experienced candidates and do not want freshers!!
Also, just like others have mentioned, it undermines the quality and experience of the genuine people. I agree that students sometimes do not have a choice in the current scenario. But at the same time, many of them are just not good enough to get a job on their own merit. That is why they have no problem resorting to such shameful tactics.
:mad:
2010 download full-size wallpaper
angelfire76
09-28 04:33 PM
Having worked for short periods of time in Germany and Netherlands, I would say that they very much make you feel that you are a foreigner, you can never fit in and are most unwelcome in the country. What irked me is the attitude that they will take your money gladly but don't want you there.
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
more...
vandanaverdia
09-10 01:41 PM
No in-state tuition for legals (only for illegals) - You are a legal high-skilled immigrant and have played by all the rules while contributing greatly to the economy, yet your children are not eligible for in-state tuition, while the children of illegal aliens ARE!!!!!
This holds true for even your spouse not being eligible for in-state tuition. WHY???? Because you are a legal dependent(spouse/children) immigrant?
But the children/spouses of the illegal aliens are eligible for the same!!!!!
This holds true for even your spouse not being eligible for in-state tuition. WHY???? Because you are a legal dependent(spouse/children) immigrant?
But the children/spouses of the illegal aliens are eligible for the same!!!!!
hair A professionalstanley cup no
anurakt
12-27 10:55 AM
it would be useful to all if people who have traveled could let us know their experience transiting through different airports, also we should compile a detailed list of the airports that have some transit visa requirements.
Austria
Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.
US Passport Holders: Not required
Indian Passport Holders: Not Required
For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text
Address / Contact numbers in USA
Austrian Consulate General
31 East 69th Street
New York, NY 10021
Tel: +1 (212) 737 6400
Fax:+1 (212) 585 1992
E-mail: info@austria-ny.org
Public hours: Mo - Fr 9:00 am - 12:00 noon
Kuwait
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.
Address / Contact numbers in USA
Kuwait Information Office
2600 Virginia Ave, NW, Suite 404
Washington, D.C. 20037
Phone: 202-338-0211
Fax: 202-338-0957
Email:questions@kuwait-info.org
Netherlands
US Passport Holders: Not required
Indian Passport Holders: Not required
Address / Contact numbers in US
There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp
UK
US Passport Holders: Not required
Indian Passport Holders: Required*
*Exemptions
YOU ARE EXEMPT IF::
You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
You have a valid US Immigrant Visa packet (form 155A / 155B); or
You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
You have a valid common format Category D visa issued by EU/EEA member states; or
You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
You hold a diplomatic or a service passport issued by the People's Republic of China; or
You hold a diplomatic or an official passport issued by the government of India; or
You hold a diplomatic or an official passport issued by the government of Vietnam.
Note :
Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.
There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.
For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.
http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313
This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.britainusa.com/consular/locate.asp
Switzerland
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.
www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html
* It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.
Austria
Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.
US Passport Holders: Not required
Indian Passport Holders: Not Required
For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text
Address / Contact numbers in USA
Austrian Consulate General
31 East 69th Street
New York, NY 10021
Tel: +1 (212) 737 6400
Fax:+1 (212) 585 1992
E-mail: info@austria-ny.org
Public hours: Mo - Fr 9:00 am - 12:00 noon
Kuwait
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.
Address / Contact numbers in USA
Kuwait Information Office
2600 Virginia Ave, NW, Suite 404
Washington, D.C. 20037
Phone: 202-338-0211
Fax: 202-338-0957
Email:questions@kuwait-info.org
Netherlands
US Passport Holders: Not required
Indian Passport Holders: Not required
Address / Contact numbers in US
There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp
UK
US Passport Holders: Not required
Indian Passport Holders: Required*
*Exemptions
YOU ARE EXEMPT IF::
You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
You have a valid US Immigrant Visa packet (form 155A / 155B); or
You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
You have a valid common format Category D visa issued by EU/EEA member states; or
You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
You hold a diplomatic or a service passport issued by the People's Republic of China; or
You hold a diplomatic or an official passport issued by the government of India; or
You hold a diplomatic or an official passport issued by the government of Vietnam.
Note :
Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.
There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.
For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.
http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313
This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.britainusa.com/consular/locate.asp
Switzerland
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.
www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html
* It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.
more...
arnab221
09-10 04:19 PM
This sucks man. Another reccess to delibrate on HR6020 and they will be back at 5:00 for a vote.
Who knows if we will ever get a chance to day or not. GURU's please give your opinions.
............................................
$470 till date
Maybe they will be too tired to vote and will all vote AYE !!!
Who knows if we will ever get a chance to day or not. GURU's please give your opinions.
............................................
$470 till date
Maybe they will be too tired to vote and will all vote AYE !!!
hot wallpaper 2011 Stanley Cup
pbojja
12-11 10:17 AM
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
Some one left a nasty message for this post with a red. I m not even worried about red but your comment made me sick and here is the message for you .
Looks like you are grown up wrong ? either you lived in a environment like the one in your message or completely out of your mind after you grow up .
I m surprsied you are educated and made it to US and waiting for GC ..wow what a sick idiot ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
Some one left a nasty message for this post with a red. I m not even worried about red but your comment made me sick and here is the message for you .
Looks like you are grown up wrong ? either you lived in a environment like the one in your message or completely out of your mind after you grow up .
I m surprsied you are educated and made it to US and waiting for GC ..wow what a sick idiot ..
more...
house Image; canuckscentral.com
a_yaja
07-09 04:47 PM
I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
How can USCIS adher to 7% per country quota when AC21 explicitly says that if visas are still available after allotment to ROW, the remaining visas must spill over to the over subscribed countries?
As a result of failure of this lawsuite, if they start adhering to 7% cap, then they are in violation of AC21. That would be another lawsuite for sure.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
How can USCIS adher to 7% per country quota when AC21 explicitly says that if visas are still available after allotment to ROW, the remaining visas must spill over to the over subscribed countries?
As a result of failure of this lawsuite, if they start adhering to 7% cap, then they are in violation of AC21. That would be another lawsuite for sure.
tattoo Go Canucks Go!
bkarnik
07-25 06:46 PM
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
Guys,
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(
From: Attorney
Sent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.
-----Original Message-----
From: Bkarnik
Sent: Tuesday, April 18, 2006 6:49 AM
To: attorney
Subject: Question..
Dear Attorney:
Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.
Thanks once again.
Bkarnik.
-----Original Message-----
From: AttorneySent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
Hello BKarnik,
Your argument is sound, however, U.S. Immigration does indeed adjudicate
I-765 EAD applications based upon eligibility for filing. Please click this
link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.
I hope this answers your questions.
Attorney
________________________________
From: Bkarnik
Sent: Monday, April 17, 2006 2:16 PM
To: Attorney
Subject: Question..
Dear Attorney:
I had a question for you (actually, it is a series of sub questions).
However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:
The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: 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. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
If
that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
Therefore,
the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.
With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?
Thank you for your time and patience,
Sincerely,
Bkarnik
Guys,
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(
From: Attorney
Sent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.
-----Original Message-----
From: Bkarnik
Sent: Tuesday, April 18, 2006 6:49 AM
To: attorney
Subject: Question..
Dear Attorney:
Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.
Thanks once again.
Bkarnik.
-----Original Message-----
From: AttorneySent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
Hello BKarnik,
Your argument is sound, however, U.S. Immigration does indeed adjudicate
I-765 EAD applications based upon eligibility for filing. Please click this
link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.
I hope this answers your questions.
Attorney
________________________________
From: Bkarnik
Sent: Monday, April 17, 2006 2:16 PM
To: Attorney
Subject: Question..
Dear Attorney:
I had a question for you (actually, it is a series of sub questions).
However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:
The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: 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. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
If
that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
Therefore,
the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.
With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?
Thank you for your time and patience,
Sincerely,
Bkarnik
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gcisadawg
03-09 06:40 PM
I am tired of words "Something is Cooking". All I care now is cooked food - whatever is cooking.
u bet! :D
u bet! :D
dresses vancouver canucks 2011 stanley
singhsa3
03-04 09:44 AM
My letter to realtor.org
****************************
Dear Sir/Madam,
We don’t claim that my proposition here will make the housing crisis go away but what I am proposing is to let us think out of box and help each other.
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/sh...ad.php?t=17660
Yours truly,
Sanjeev Singh
****************************
Dear Sir/Madam,
We don’t claim that my proposition here will make the housing crisis go away but what I am proposing is to let us think out of box and help each other.
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/sh...ad.php?t=17660
Yours truly,
Sanjeev Singh
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makeup in the Stanley Cup final.
Marphad
02-07 01:52 PM
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
Apply little logic and prove me why other countries will not get a chance.
Sometimes people make argument without even thinking for a second based on some personal emotional belief.
Apply little logic and prove me why other countries will not get a chance.
Sometimes people make argument without even thinking for a second based on some personal emotional belief.
girlfriend stanley cup wallpaper,
kumarc123
10-15 07:23 PM
To all my IV Members,
I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.
1. Will put pressure on congress to honor the high immigrant bill in duck session.
2. We will get attention and the next upcoming president will know, we are hurting.
Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.
We have been passive for long now, lets be activist.
Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.
Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
Please lets not waste any more time in discussion, or questioning each others intentions.
I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.
1. Will put pressure on congress to honor the high immigrant bill in duck session.
2. We will get attention and the next upcoming president will know, we are hurting.
Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.
We have been passive for long now, lets be activist.
Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.
Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
Please lets not waste any more time in discussion, or questioning each others intentions.
hairstyles in the Stanley Cup final.
go_gc_way
01-18 02:05 PM
Hi Go_Gc_Way
Can you please modify the AD content.
Immigration voice is a non-profit 501 (c) (4) (pending) organization. All of Immigration Voice�s financial transactions will be audited by a CPA, submitted to the IRS.(please remove pending,we are approved)
Members from 6000 to 8000.
Content, content updated. Please verify and let me know.
Can you please modify the AD content.
Immigration voice is a non-profit 501 (c) (4) (pending) organization. All of Immigration Voice�s financial transactions will be audited by a CPA, submitted to the IRS.(please remove pending,we are approved)
Members from 6000 to 8000.
Content, content updated. Please verify and let me know.
dpp
06-13 10:40 AM
I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.
Yes, it doesn't look real. it is definitely cooked.
Yes, it doesn't look real. it is definitely cooked.
anurakt
01-17 03:54 PM
THIS IS THE BEST INVESTMENT OF YOUR LIFE, PUT 20$ / MONTH AND SEE IF IT MAKES YOUR LIFE BETTER !! GUYS JUST THINK OF THE LIFE U MAY GET ONCE YOU GET GC.... ALL SAID , DO YOU THINK I AM A FOOL CONTRBUTING SO MUCH MONEY FOR FUN.... ALL THOSE WHO THINK THAT IF ANY FRAUD EXIST , LET ME TELL YOU SOMETHING , BY THE END OF THE YEAR I WOULD HAVE CONTRIBUTED AROUND $2700 TO IV AND I SWEAR TO GOD IF I FIND THAT IV IS NOT A NON-PROFIT ORGANIZATION , I WILL SUE IV..... SO GET UP GUYS AND THINK THINK THINK.... THIS IS THE LAST YEAR FOR SOMETHING TO HAPPEN OR MY PREDICTION IS THAT IV WON'T EXISTS .... SO JUST DO IT