girishvar
08-15 12:54 PM
Whether H! or EAD, if you are changing job it should be same or similar job classification. Using EAD is a blessing in disguise as there is no need to notify USCIS, unless there is a RFE. However, it is always better to inform USCIS and keep the job change in their file. It will help you when you travel on Adavnce parole. At POE, you need not fear to answer the question, whether you work for the same employer? you can answer saying you work for a new employer and AC21 has already been notified to USCIS.
Again the key is Same or similar occupation.
I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
Again the key is Same or similar occupation.
I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
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BumbleBee
08-22 01:25 PM
Its beyond me, why would EB3 go back to 2001 when new numbers will be available beginning Oct 07. Disappointed and mad :mad:
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oguinan
02-10 12:58 AM
Guys, I'm as furstrated as everybody else with the process and I would like to direct that frustration into something positive. :)
I live in San Francisco so my congresswoman is Nancy Pelosi and Dianne Feinstein's office is in the city.
I'm very impressed with the momentum that this group is putting together and I would be happy to be a part of the work that you are doing.
I live in San Francisco so my congresswoman is Nancy Pelosi and Dianne Feinstein's office is in the city.
I'm very impressed with the momentum that this group is putting together and I would be happy to be a part of the work that you are doing.
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rajeshalex
08-17 11:01 AM
Where is it mentioned that LC sub has been rejected ? I looked at the link and
I couldnt find any thing.
Rajesh
I couldnt find any thing.
Rajesh
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Gravitation
12-13 10:12 AM
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.
perm2gc
12-20 12:08 PM
What are the advantages you will have now than before.Allowing H4's to work might be Big New Year gift for many our members.
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lotus26
05-30 07:09 PM
Done
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baburob2
04-01 10:16 PM
sent it.
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desi3933
06-19 10:58 PM
What is EVL, is it experience letter.
Employment Verification Letter indicating job position still open for employee. This COULD BE different from current job.
Employment Verification Letter indicating job position still open for employee. This COULD BE different from current job.
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GCneeded
04-03 05:09 PM
I have webfaxed both 10 & 11.
more...
bujjigadu123
02-21 02:52 AM
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
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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.
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eb3_nepa
11-08 04:26 PM
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
AP is sent to the lawyer if you filed the G328
AP is sent to the lawyer if you filed the G328
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Berkeleybee
04-10 08:51 PM
Bee:
Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
more...
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diptam
08-01 10:34 AM
I know we are just narrowly thinking about 485 for the retrogressed battered world but they are taking big picture :)
whatever it is - we have to wait with patience for atleast another month
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
whatever it is - we have to wait with patience for atleast another month
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
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nixstor
06-20 03:34 PM
Thanks Arihant. Yes it is strange and I am trying to find their ulterior motive behind this. All the while I thought my employer is not one of the typical desi employers (read blood sucking) we hear about in this forum. Hope I am right.
By the way, my question was related to AC21 (after 180 days of filing 485). If I quit my current employer and join another company, how would I let USCIS know to forward all their RFEs to my new employer/lawyer and not to the old one. Am asking this because I heard the I-9 form we fill while changing employment is only for the employer and he doesn't forward it to anybody. Does my query make any sense at all or am I just blabbering BS :o
The stuff in bold is something I am trying to figure out. How will we answer RFE's after 180 days if we file our selves? Company lawyer and employer will not be even willing to talk to us as we have moved away. What are the chances that USCIS will ask stuff related to your old employer? Can some one confirm that it should not arise as we have moved away using AC21 and all RFE's can be answered by new employer?
Thanks
By the way, my question was related to AC21 (after 180 days of filing 485). If I quit my current employer and join another company, how would I let USCIS know to forward all their RFEs to my new employer/lawyer and not to the old one. Am asking this because I heard the I-9 form we fill while changing employment is only for the employer and he doesn't forward it to anybody. Does my query make any sense at all or am I just blabbering BS :o
The stuff in bold is something I am trying to figure out. How will we answer RFE's after 180 days if we file our selves? Company lawyer and employer will not be even willing to talk to us as we have moved away. What are the chances that USCIS will ask stuff related to your old employer? Can some one confirm that it should not arise as we have moved away using AC21 and all RFE's can be answered by new employer?
Thanks
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alterego
12-14 06:56 AM
Labour Sub the way it is used is legal but not necessarily moral. However the USCIS has always looked at this ONLY from the EMPLOYERS eyes and therefore don't see much wrong in it. I am sure this is one thing we would agree with the programmers guild on.
The really scary thing is "Vintage wine" is really precious and very much in demand. However if it were available in huge quantities, it would be had as often as you want. Problem for us is that with BECs moving applications very fast, there will be sure to be many more of these floating around and freely available. As long as they allow this, the pace of movement of PDs will be anemic at best.
One argument to be made which might get more traction is that this practice is unfair to the newer companies as compared to more established ones.
The stench of this system is at times unbearable. I have always said, it selects its criteria and positively discriminates on such things such as place of birth, yet places little value on the importance of a particular skill set (after all it is EB immgration we are talking about). In many ways it is its simplicity as a system in a much more complex and manipulative world that causes these problems. Whether this is by design or not is another discussion. Either way it stinks!
The really scary thing is "Vintage wine" is really precious and very much in demand. However if it were available in huge quantities, it would be had as often as you want. Problem for us is that with BECs moving applications very fast, there will be sure to be many more of these floating around and freely available. As long as they allow this, the pace of movement of PDs will be anemic at best.
One argument to be made which might get more traction is that this practice is unfair to the newer companies as compared to more established ones.
The stench of this system is at times unbearable. I have always said, it selects its criteria and positively discriminates on such things such as place of birth, yet places little value on the importance of a particular skill set (after all it is EB immgration we are talking about). In many ways it is its simplicity as a system in a much more complex and manipulative world that causes these problems. Whether this is by design or not is another discussion. Either way it stinks!
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ramus
06-27 10:43 AM
I will say we should just ban this guy.. What he says does't make any sense..
rajakannan, can you please contribute to IV.. Let me know what is your thought on this.
rajakannan, can you please contribute to IV.. Let me know what is your thought on this.
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vdlrao
06-04 06:47 PM
which VB are you quoting..link doesnt work...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see the VB now its working.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see the VB now its working.
grupak
08-07 07:10 PM
Finally, its easy to say this, but really hard to follow - don't discuss this to your fiance(e) before wedding about the complexity of the situation, unless she is very understanding and can take it without a panic. Most of all, take it easy, relax and enjoy your wedding.
Good luck!
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
Good luck!
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
jethro11
04-21 02:16 PM
vhd999,
Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.
Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.
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