abhijitp
07-08 11:29 AM
NBC news is old one on youtube and i rated 5 stars, but i think green card(other one) is new and awesome. rated 5 stars.
This new one is an excellent work of satire, and I had the power and the money, I would try to show it on every TV channel like a TV commercial... terse and poignant... this is the kind of thing that can spread the news like wildfire.
This new one is an excellent work of satire, and I had the power and the money, I would try to show it on every TV channel like a TV commercial... terse and poignant... this is the kind of thing that can spread the news like wildfire.
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bkarnik
04-10 03:26 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
venky08
12-30 05:24 AM
i think gc_maine2 has a valid question...especially if you use H1 transfer (6-9 years) for the new employer and not EAD
i am very curious myself to see how this will work out...any personal opinions please???
very smart question by the way gc_maine2...:cool:
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
i am very curious myself to see how this will work out...any personal opinions please???
very smart question by the way gc_maine2...:cool:
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
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immigrant-in-law
01-25 09:55 AM
All shops that hire OPTs and market them at ridiculously low rates with faked resumes must also be brought to justice.
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sprajulu
08-05 11:11 PM
Friends
Category:- EB2
Nationality:- India
PD:- December/2004
I140:- RD May-10-2007/Approved on Dec-21-2007
I485:-Applied Aug 13-2007
Category:- EB2
Nationality:- India
PD:- December/2004
I140:- RD May-10-2007/Approved on Dec-21-2007
I485:-Applied Aug 13-2007
qvadis
12-29 04:03 PM
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
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illinois_alum
09-30 04:54 PM
Thank you very much illionois_alum :)
You're welcome :)
You're welcome :)
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Macaca
08-31 10:38 PM
This is your only chance. There is no more rally later.
If you want to wait 10+ years for your green card, stay at home and hide. (Retrogression will just get worse, I guarantee). If you want to change your future and get a GC one day please show up at the rally. We are there to show that we even exist, no need to do anything else. We need everyone.
No one cares about people who doesn't exist.
I understand that you will be in DC!
Way to go. Thanks!
If you want to wait 10+ years for your green card, stay at home and hide. (Retrogression will just get worse, I guarantee). If you want to change your future and get a GC one day please show up at the rally. We are there to show that we even exist, no need to do anything else. We need everyone.
No one cares about people who doesn't exist.
I understand that you will be in DC!
Way to go. Thanks!
more...
vamsi_poondla
10-10 07:33 PM
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.
And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.
Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.
Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.
And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.
Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.
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sumansk
12-20 04:40 PM
I think what he is saying demands attention by the lawyers and core members.Thing is we never know what is going on until there is some transparency. The law many times is open to suit ones needs and I suspect DOS may be doing that.
Live Life !!
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Live Life !!
________
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Pineapple
07-07 06:20 PM
Just saw it. Very good. Covered the basic issue very well.
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hydboy77
05-30 11:28 AM
Latest count is 178. Keep it going.
Guys I beg all of you to who have not voted to please vote. It might seem irrelevant or not useful to vote but even small things like these add up. We have threads like spelling bee going into multiple pages but not threads relevant and useful to us. Please vote not just for this but also have an open mind and participate in all activites. There is a thread where you can send a letter to whitehouse explaining our misery and asking for removal of country quota and visa recaprure, how many of you have sent the letter. Please do that .
Guys I beg all of you to who have not voted to please vote. It might seem irrelevant or not useful to vote but even small things like these add up. We have threads like spelling bee going into multiple pages but not threads relevant and useful to us. Please vote not just for this but also have an open mind and participate in all activites. There is a thread where you can send a letter to whitehouse explaining our misery and asking for removal of country quota and visa recaprure, how many of you have sent the letter. Please do that .
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Leo07
11-30 04:50 PM
Why do we have to go into 'Contributions' issue on every thread? Just dedicate one thread for donations and be done with it.If it's so itching then can we open a Donor-Only thread?:)
Guys, We are all in it together---We can only get out together-No matter what the numbers say.
Remember vdlrao's predictions last year? it's the same logic, It made perfect sense then, just as these numbers. I'm not questioning the logic or the numbers here.
Cheers!
Guys, We are all in it together---We can only get out together-No matter what the numbers say.
Remember vdlrao's predictions last year? it's the same logic, It made perfect sense then, just as these numbers. I'm not questioning the logic or the numbers here.
Cheers!
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Saralayar
12-18 02:49 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where is he coming from. The law does not provide for lay-off exception.
Recently I heard that if you are laid off from the company, then the 180 days period won't come into picutre and you can very well move to another company, provided your I-140 is approved and not revoked. I think they have made some modifications recently to the law on this type of cases. Talk to your Lawer to find out these changes.
Regarding Shusterman's Q&A. I am not sure where is he coming from. The law does not provide for lay-off exception.
Recently I heard that if you are laid off from the company, then the 180 days period won't come into picutre and you can very well move to another company, provided your I-140 is approved and not revoked. I think they have made some modifications recently to the law on this type of cases. Talk to your Lawer to find out these changes.
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neokernel
02-14 07:20 PM
When they ask 245i (April 2001 Deadline) people to submit the application for legal status (Labor.. i-140 ..etc) why didn't they also create the VISA Number for them?
It's legal immigrant taking the hit because of illegal immigrants.
They should define completly different path and laws to make illegals to legal.
Agree?
It's legal immigrant taking the hit because of illegal immigrants.
They should define completly different path and laws to make illegals to legal.
Agree?
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hiralal
05-05 10:16 PM
Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
I agree with the above...subprime is not an area ..btw it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...THE Problem ..shiller and others wanted to give GC's to those who come to US on the first day ..he probably does not know that there are a million immigrant with good bank balances and GC (a small plastic card) is preventing them from buying a house.
as for the post above ..even 1 extra home sold helps ..and 100K homes sold definitely helps ...we just need to sell the idea and get the GC ..but maybe it is too late now
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
I agree with the above...subprime is not an area ..btw it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...THE Problem ..shiller and others wanted to give GC's to those who come to US on the first day ..he probably does not know that there are a million immigrant with good bank balances and GC (a small plastic card) is preventing them from buying a house.
as for the post above ..even 1 extra home sold helps ..and 100K homes sold definitely helps ...we just need to sell the idea and get the GC ..but maybe it is too late now
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ujjvalkoul
07-27 02:53 PM
From their tone, I can tell the were trying hard to be helpful.
But, no receipt for me yet. July 2nd filer here as well.
Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?
Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
This is paranoa!!!!!!!! STOP already
But, no receipt for me yet. July 2nd filer here as well.
Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?
Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
This is paranoa!!!!!!!! STOP already
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simikishore
08-09 11:43 PM
My GC got approved almost a three weeks ago. I stayed with my employer through the whole GC process till now. Now I want to move on with better job/salary.
My attorney suggested to stay with the company for atleast 6 months as it may cause issues during the citizenship application. He also mentioned, employer has the right to revoke the approved green card.
Is it really true, employer can revoke the green cards, just merely for switching jobs.
I have my doubts that they can. Did anyone else heard anything similar.
I tried looking at the web but could not find any written law by USCIS on this.
My attorney suggested to stay with the company for atleast 6 months as it may cause issues during the citizenship application. He also mentioned, employer has the right to revoke the approved green card.
Is it really true, employer can revoke the green cards, just merely for switching jobs.
I have my doubts that they can. Did anyone else heard anything similar.
I tried looking at the web but could not find any written law by USCIS on this.
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GCInThisLife
07-19 02:43 PM
Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.
Sorry you answer is not clear to me. You mean I was out of status and I will have problem at 485 stage?
Sorry you answer is not clear to me. You mean I was out of status and I will have problem at 485 stage?
priderock
05-15 11:43 AM
Its a good thing, hope this will lessen the abuse of the visas by these Indian companies. As I mentioned in another thread, I have seen that H1 and L1s who come from India dont get a very good salary. Not good.
I think they have to pay the minimum wage as declared in their petition.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...
Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.
I think they have to pay the minimum wage as declared in their petition.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...
Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.
new_gc
01-28 02:16 PM
letters sent both from me and spouse to WH and Iv.....convinced friends to do the same...15 of them(includin their spouses)
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