anukcs
09-26 09:53 AM
I sent a message
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yganreddy
05-09 12:06 AM
Hi
Atlast I received My Welcome notice on 05/05/08 morning. First I received Card Production order and after couple of hours I received Welcome notice mailed. Today I received Approval Notice sent mail at 5:00 PM
Thank you very much for all the information provided in forum. It was a great help. I will stick around.
My details
EB2 02/2003 (India) - TSC
Sent 485 on : Jun 29th 2007
Received on : Jul 02 2007
Notice Date : Aug 24 2007
Soft LUD on 485 : 12/07/2007
Card production ordered mail : May 05 2008
Contributed so for $100.00. Will contribute more.
Atlast I received My Welcome notice on 05/05/08 morning. First I received Card Production order and after couple of hours I received Welcome notice mailed. Today I received Approval Notice sent mail at 5:00 PM
Thank you very much for all the information provided in forum. It was a great help. I will stick around.
My details
EB2 02/2003 (India) - TSC
Sent 485 on : Jun 29th 2007
Received on : Jul 02 2007
Notice Date : Aug 24 2007
Soft LUD on 485 : 12/07/2007
Card production ordered mail : May 05 2008
Contributed so for $100.00. Will contribute more.
Nikith77
03-12 09:10 AM
Kumar1, Well said....
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smartboy75
07-11 01:17 PM
Thanks for your post. Is there any chance for any or Significant movement like this in EB-3. Now it's about time for EB-3 to move ahead. We have been trying for Bills every year, without any luck. Why is it so difficult for any movement in EB-3, which is stuck in 2001 and not moving ahead. It is really frustrating. EB-3 I is really suffering the most. Is there any solution for that ?
____________________
Phone calls to CHC Members
Written Letters to President & IV
Attended DC Rally
Contributed to IV
PD: October 2003, EB-3
The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....
____________________
Phone calls to CHC Members
Written Letters to President & IV
Attended DC Rally
Contributed to IV
PD: October 2003, EB-3
The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....
more...
actaccord
03-13 09:15 AM
/\/\/\/\/
shukla77
01-02 08:03 PM
I have posted about immigrationvoice.org in following yahoo groups
IIT- Global (2526 members)
IIT-midwest(317 members)
IITK-westcoast(766 members)
Inter IIT (4654 members)
I hope this helps.
Good Luck to All
-Shukla
IIT- Global (2526 members)
IIT-midwest(317 members)
IITK-westcoast(766 members)
Inter IIT (4654 members)
I hope this helps.
Good Luck to All
-Shukla
more...
chanduv23
11-11 12:59 PM
IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.
Shall we start a funding drive? rajuram - can you lead it?
Shall we start a funding drive? rajuram - can you lead it?
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pkak
07-13 11:45 AM
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
I agree
--------------------------------------------------------------------------------
Quote:
Originally Posted by justAnotherFile
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
I agree
--------------------------------------------------------------------------------
Quote:
Originally Posted by justAnotherFile
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
more...
sweet_jungle
04-22 12:42 PM
[QUOTE=caydee]Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.
I believe two IV members were on the dais. But, I do not know their names. Who were they? Were they the ones who met the Congressman later?
I believe two IV members were on the dais. But, I do not know their names. Who were they? Were they the ones who met the Congressman later?
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seahawks
07-26 08:49 AM
are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez
more...
ajthakur
07-15 02:52 AM
I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
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Lollerskater
10-20 01:11 PM
Highly Skilled workers:
Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.
Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.
Increase available green card numbers to reflect employer and employee demand.
Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.
Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.
The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.
It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!
Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?
John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.
The Republicans have been using this tactic for the past 8 years. They pretend to cater to your needs and then leave us shortchanged. Eg. WMD. Terrorism. Did that benefit us, really? Do you feel safer? Or do you feel just about the same except that gas has gone up about 300%, food 200%, unemployment 5%, housing market crumbled and economy about to "crater"?
He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?
Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.
Have you had a look at the candidates' actions though? Barack has been realistic and truthful so far. He's went a gotten a good VP to back up any inexperience he may have. He's been addressing issues at hand, and I can't really fault him for ignoring the immigration scene when the financial scene has gotten so bad.
McCain has been a total disaster. Sarah Palin? Really? At McCain's age, if anything untoward happens to him, she'll be your president. She'll be taking care of the mortgage sector and finance on wall street. All those companies the govt bailed out? Yes, she'll be taking responsibility for all those. Is that really where you want to spend your GC life in?
On top of that, McCain has been acting erratic and weird. He's suspended his own campaign, gotten his crowd so rowdy that he got himself booed by his supporters, refused to look at Obama in a debate... is that how a maverick works? Is that how a tried and tested veteran behaves?
And then he's done the Bush thing again. Flat out lied to everyone to benefit himself. See David Letterman's case, where he stood the poor host up.
Folks, look at the BIGGER picture, and not your own selfish needs. There is no point getting a GC to a land that was not the one you had in mind.
Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.
Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.
Increase available green card numbers to reflect employer and employee demand.
Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.
Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.
The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.
It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!
Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?
John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.
The Republicans have been using this tactic for the past 8 years. They pretend to cater to your needs and then leave us shortchanged. Eg. WMD. Terrorism. Did that benefit us, really? Do you feel safer? Or do you feel just about the same except that gas has gone up about 300%, food 200%, unemployment 5%, housing market crumbled and economy about to "crater"?
He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?
Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.
Have you had a look at the candidates' actions though? Barack has been realistic and truthful so far. He's went a gotten a good VP to back up any inexperience he may have. He's been addressing issues at hand, and I can't really fault him for ignoring the immigration scene when the financial scene has gotten so bad.
McCain has been a total disaster. Sarah Palin? Really? At McCain's age, if anything untoward happens to him, she'll be your president. She'll be taking care of the mortgage sector and finance on wall street. All those companies the govt bailed out? Yes, she'll be taking responsibility for all those. Is that really where you want to spend your GC life in?
On top of that, McCain has been acting erratic and weird. He's suspended his own campaign, gotten his crowd so rowdy that he got himself booed by his supporters, refused to look at Obama in a debate... is that how a maverick works? Is that how a tried and tested veteran behaves?
And then he's done the Bush thing again. Flat out lied to everyone to benefit himself. See David Letterman's case, where he stood the poor host up.
Folks, look at the BIGGER picture, and not your own selfish needs. There is no point getting a GC to a land that was not the one you had in mind.
more...
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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 !!!
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saimrathi
08-15 04:02 PM
This is already on another thread..!!!
http://immigrationvoice.org/forum/showthread.php?t=12391
http://immigrationvoice.org/forum/showthread.php?t=12391
more...
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04-14 01:00 AM
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feedfront
10-27 12:25 PM
Just few more days..
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coolmanasip
03-07 10:43 AM
Yates Memo clearly says that ability to pay should not be a factor.....read below......
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
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abd
09-23 09:47 AM
Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
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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
Legal
08-13 04:08 PM
I think thats AC21 recapture thing...
AC 21 numbers all have been used up some in 2002, some in 2005-2007. Nothing left from that. This was in a USCIS document that vdlrao posted some time ago.
AC 21 numbers all have been used up some in 2002, some in 2005-2007. Nothing left from that. This was in a USCIS document that vdlrao posted some time ago.
reddymjm
04-23 06:34 PM
for sharing the news
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