vnsriv
12-12 03:52 PM
What is the significance of April Barrier !
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Ramba
02-20 10:16 AM
As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.
wahwah
06-06 10:57 AM
i think what you're saying is not just a plausible but most likely scenario.
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
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JA1HIND
01-26 06:00 PM
hey thanks for the replies....
I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.
I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?
be careful with what your employer say's "....that this is a standard clause that is put in almost every company's offer letter."..one thing is for sure, if its written in terms & condition or some type of agreement, I don't understand how can your employer say that its standard clause.....is he/she gone out their brains??
You take training or don't take training and still planning to leave before agreed contract then company will have full support legally to BURN YOUR A** at any time if they need to....(FYI- I am the personal victim and ended up paying 7K..which hurts when I think about it....) and just wanted to warn you to be careful before you make any such decisions and might end up something like what happen to me....
I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.
I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?
be careful with what your employer say's "....that this is a standard clause that is put in almost every company's offer letter."..one thing is for sure, if its written in terms & condition or some type of agreement, I don't understand how can your employer say that its standard clause.....is he/she gone out their brains??
You take training or don't take training and still planning to leave before agreed contract then company will have full support legally to BURN YOUR A** at any time if they need to....(FYI- I am the personal victim and ended up paying 7K..which hurts when I think about it....) and just wanted to warn you to be careful before you make any such decisions and might end up something like what happen to me....
more...
paskal
12-20 11:41 PM
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/20/AR2006122001910.html
both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
wonder if they might be interested in something like this.......
both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
wonder if they might be interested in something like this.......
greencard
07-27 03:02 PM
This is the attitude of our guys. So desperate. The agents get irritated because of this.
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
more...
meg_z
11-17 12:54 PM
I can second that. I do have an inactive discover card (I have not activated the new cards they sent to me as I have better cards to use). I have had discover cards for years. Just recently, a person from Discover Card called me to offer me those 5% reward cards. I said sure. Then she asked me if I was a citizen. Then she asked if I was a permanent resident. After two nos, she said then I can't give you the card.
Discover does not issue a credit card if you are not a PR or citizen..even though you have good credit history..
Discover does not issue a credit card if you are not a PR or citizen..even though you have good credit history..
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bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
more...
lazycis
12-28 11:29 AM
This is my first post so forgive if I am not in the right place,
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
You cannot change employer and keep I-140 if you have not filed I-485 yet. You will have to start the GC process anew if you change the jobs now. So wait untill you apply for I-485. Wait 180 more days after that and you are free to change jobs if your new job is same or similar to your current job.
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
You cannot change employer and keep I-140 if you have not filed I-485 yet. You will have to start the GC process anew if you change the jobs now. So wait untill you apply for I-485. Wait 180 more days after that and you are free to change jobs if your new job is same or similar to your current job.
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a_yaja
12-14 01:35 PM
For how long is USCIS issuing the EAD & AP these days?
My EAD got approved in 54 days. Online status went straight from Initial Review to Card Production Ordered. I got the CPO email last Friday (12/10/2010) - still waiting for the card. Not sure about AP as I did not apply for an AP this time.
My EAD got approved in 54 days. Online status went straight from Initial Review to Card Production Ordered. I got the CPO email last Friday (12/10/2010) - still waiting for the card. Not sure about AP as I did not apply for an AP this time.
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Abhinaym
07-29 12:37 PM
Is not DUE the limits, is due many aplications from India.
The reality is pending ROW 2005 - 12,815 India 2004 - 14,191 :eek:
Well if the system were fair, it wouldn't say x pending ROW, it would be like x pending eb3 and y pending eb2. Yes, there are a lot of applications from India, it is a large country! But why should it be relevant in EB based processing?
Did you choose the country you would be born in, or is somehow one's skillset dependent on national origin?
The reality is pending ROW 2005 - 12,815 India 2004 - 14,191 :eek:
Well if the system were fair, it wouldn't say x pending ROW, it would be like x pending eb3 and y pending eb2. Yes, there are a lot of applications from India, it is a large country! But why should it be relevant in EB based processing?
Did you choose the country you would be born in, or is somehow one's skillset dependent on national origin?
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coloniel60
08-14 07:58 AM
Yes, there is no point in re-filing,rather it will create confusion. I spoke to USCIS ,at this point the fedex receipt no. is good enough ,to prve that your application reached service center,before 17th august . Now it makes sense to just wait for the receipt.
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
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Aah_GC
12-18 11:24 AM
Guys, Just wondering if I would need a copy of my Perm and I140 while invoking AC21. I do have a copy of the I140 but my desi employer would not support me in any way. Please let me know.
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LC2002
09-21 04:20 PM
That I heard too!! GCs were distributed at Monument but I was late as I could only join at Captol Hill :p so got only FP notice.
I'm waiting for next Rally to get my GC ... :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
I'm waiting for next Rally to get my GC ... :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
more...
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sareesh
10-29 10:36 PM
hi, personally i am looking for a chance to move to eb2. Being in eb3-I is as good as u will never get ur GC,or by the time you get ur GC, u would have lost your time and patience to live in this country anymore. follow your instincts..
Hello All,
My Lca was applied with MS + 2 yrs
But my I-140 got approved under EB3(my lawyers mistake)
What should I do?
PD 03/25/2005
Hello All,
My Lca was applied with MS + 2 yrs
But my I-140 got approved under EB3(my lawyers mistake)
What should I do?
PD 03/25/2005
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crystal
02-10 08:44 PM
my receipt also start with wac currently in nsc and there is an lud on my case today .
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drirshad
07-29 03:51 AM
NSC: Self E-Filed May 19 (Current EAD expires Sep 18)
Document Send: May 26
FP Done: May 28
EAD CPO: July 26 (for me & spouse)
Priority Current next month
(not sure if they gave a 2 yr validity)
Still waiting on AP (LUD same as EAD)
Document Send: May 26
FP Done: May 28
EAD CPO: July 26 (for me & spouse)
Priority Current next month
(not sure if they gave a 2 yr validity)
Still waiting on AP (LUD same as EAD)
girlfriend Altro: Piercing al naso,
godspeed
11-03 01:36 PM
no, its called covering our behind, if in future something comes back to bite ;),
As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
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cool_desi_gc
07-26 01:33 PM
Do we also need to include te fees for Biometrics if this is for AP renewal ? I have a valid AP till Nov 28th.I need to apply for renewal.
shana04
08-20 05:52 PM
Friend,
Even if you paid cash, probably should have withdrawn from bank. And you should be having that bank withdrawl slip or you can go online to get a copy of your bank statement, which shows that you have withdrawn that amount - this is just a proof.
Now call your employer to refund all your money with interest and the loss that you incured for working all these years and the opportunity that you have lost for not filing I 485, else you would file a case agains him with police and FBI for taking cash as this would not provide any proof for filing labor and not filing I 485.
Now you threaten that you would file a suit against him, give all kinds of threats to these A**H***S. sorry could not control my words.
I am kind of same situtation but my employer filed my 485, but exploiting me.
Bastarads, would not progress of some one else money.
I am sorry for you my friend.
Even if you paid cash, probably should have withdrawn from bank. And you should be having that bank withdrawl slip or you can go online to get a copy of your bank statement, which shows that you have withdrawn that amount - this is just a proof.
Now call your employer to refund all your money with interest and the loss that you incured for working all these years and the opportunity that you have lost for not filing I 485, else you would file a case agains him with police and FBI for taking cash as this would not provide any proof for filing labor and not filing I 485.
Now you threaten that you would file a suit against him, give all kinds of threats to these A**H***S. sorry could not control my words.
I am kind of same situtation but my employer filed my 485, but exploiting me.
Bastarads, would not progress of some one else money.
I am sorry for you my friend.
pappu
08-31 09:50 PM
How was the response? I have contacted the following " The Hindu, Deccan chronicle and some telugu and kannada newspapers and TV news channels" so far no responses, I am planning to speak to my dad and his friends (they retired from the news media recently) to get some responses, but whats the point. The July 2nd fiasco was very well publicized in India, rural India too, even a small village or mandal office issuing birth certificates knew abt the visa bulletin and its reversal!!! and what do we have now...non committal friends who are not interested to come to the rally and some even make fun of it!!
Anyways lets keep trying...
Thanks for your initiatives
Anyways lets keep trying...
Thanks for your initiatives
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