BharatPremi
03-12 08:49 AM
It is safe that your I40 be approved but not necessary.
In theory you are right. But practically Very big corporations/companies have recently started a practice not to hire a person on EAD if I-140 is not clearly approved. Why? Lawyers advise them to do so. I have been hired by very prestigious company recently of course on EAD and first thing they wanted to make a check was on whether I have I-140 approved or not. Secondly they ask if I could submit 3 years audit report for "previous employer". That could make sense to me as it was a clear hint that they wanted to check whether I am coming from good financial based company or not... Why? The reason is that if that would not have been the case then there could be the chance of denying I-140 although it was approved. At least in my network of friends I am the third person who experienced this level of scrutiny before hiring on EAD. The reason is simple. They do not want to hire a guy who can not work at some time of the initial period due to I-140 related problems. So bottom line, I-140 approval is must nowadays for working in big corporations with EAD.
In theory you are right. But practically Very big corporations/companies have recently started a practice not to hire a person on EAD if I-140 is not clearly approved. Why? Lawyers advise them to do so. I have been hired by very prestigious company recently of course on EAD and first thing they wanted to make a check was on whether I have I-140 approved or not. Secondly they ask if I could submit 3 years audit report for "previous employer". That could make sense to me as it was a clear hint that they wanted to check whether I am coming from good financial based company or not... Why? The reason is that if that would not have been the case then there could be the chance of denying I-140 although it was approved. At least in my network of friends I am the third person who experienced this level of scrutiny before hiring on EAD. The reason is simple. They do not want to hire a guy who can not work at some time of the initial period due to I-140 related problems. So bottom line, I-140 approval is must nowadays for working in big corporations with EAD.
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sonaliak
09-19 10:05 AM
Legal Immigrants Voice is a good suggestions, place card was very heavy in future try to make place less heavy :)
It is first time around 1000 people gathered for their rights, it was awesome view, and you are demanding your rights in front of number one democratic institution in the world. For movement I can feel what participants might have felt when Martin Luther King gave "I�ve dream" speech on the same ground long time back.
It is not only mathematics of the number or support, It felt good for me, my wife and others, with the help of Immigration Voice, I was a part of movement which is democratic, legal, peaceful and required.
It is first time around 1000 people gathered for their rights, it was awesome view, and you are demanding your rights in front of number one democratic institution in the world. For movement I can feel what participants might have felt when Martin Luther King gave "I�ve dream" speech on the same ground long time back.
It is not only mathematics of the number or support, It felt good for me, my wife and others, with the help of Immigration Voice, I was a part of movement which is democratic, legal, peaceful and required.
pappu
03-10 03:03 PM
Do you fully realize your statement about the 2A category which is for spouses and children of green card holders? That means that if someone got a green card (whether through the family or EB category), they have to wait 5+ years to reunite with their spouse and children. At least those with H1B can bring their spouse into the country right away.
I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.
Please input correct and full details in your tracker profile or leave everything empty
I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.
Please input correct and full details in your tracker profile or leave everything empty
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gcnirvana
04-23 12:41 PM
Great to hear that the event was a success. I was one of the volunteers who had the oppurtunity to call CA members and I just have one suggestion. Please update your profiles with your latest email and phone numbers. Of the 25 people I called, atleast 5 or 6 had incorrect phone numbers. One even went to a fax number. The intent for IV is to reach you quickly in such case but looks like the intent for such members is 'do-not-disturb'.
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ramus
07-05 02:02 PM
Can we please stop this discussion and follow some action items...
Lets stop this now...
Thanks...
Lets stop this now...
Thanks...
ushkand
07-24 11:57 AM
Simply_GC:
yes there is an option for you. When you get the I-485 receipot, mail in the employment letter along with copy of 485 receipt (just so they can track) and a another letter stating the oversight.
Doesn't receipting an application automatically mean they accepted the application?
yes there is an option for you. When you get the I-485 receipot, mail in the employment letter along with copy of 485 receipt (just so they can track) and a another letter stating the oversight.
Doesn't receipting an application automatically mean they accepted the application?
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pappu
02-22 12:28 PM
Pls post your schedule and location on the the IV agenda thread so that it is visible on the homepage. Urge more NJ members to come to the temple to help you distribute flyers and talk to interested people.They will also have a chance to and meet other NJ chapter members. At least one core member will also come for this and everyone will have a chance to meet and ask any questions.
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nojoke
03-01 04:06 AM
Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.
They are throwing good money into a black hole.:mad:
They are throwing good money into a black hole.:mad:
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Green.Tech
03-05 05:16 PM
There should have been one more option -
5. I will be buying a house now since I am on H-1B, and also have a pending I-485 and approved EAD
There may be many like me who would vote for the above. But I guess this would probably be detrimental to what this poll is trying to achieve?
That is exactly what I mentioned in one of my previous posts in this thread...but it conveniently got ignored :)
5. I will be buying a house now since I am on H-1B, and also have a pending I-485 and approved EAD
There may be many like me who would vote for the above. But I guess this would probably be detrimental to what this poll is trying to achieve?
That is exactly what I mentioned in one of my previous posts in this thread...but it conveniently got ignored :)
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uma001
03-21 01:26 PM
I replied to your message. Pls check it.
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nat23
06-13 08:41 AM
Interesting Article on the revival of the CIR
http://www.usnews.com/usnews/politics/bulletin/bulletin_070613.htm
http://www.usnews.com/usnews/politics/bulletin/bulletin_070613.htm
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pointlesswait
07-28 11:51 AM
madira - is a godly drink..;-)
did the bottle say lord ganesha..or was it just an elephant headed cartoon?
its deliberate attempt to garner some free publicity!
take it easy...
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
did the bottle say lord ganesha..or was it just an elephant headed cartoon?
its deliberate attempt to garner some free publicity!
take it easy...
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
more...
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ars01
07-24 11:14 AM
I agree with jcmenon. We want to push for filing of Adjustment of Status or I-485 application to get EAD, Advance parole, etc. We are not asking to be given that status. The law says the status will only be given if the numbers are available. I think that is exactly what we are trying for in SKIL BILL as well. I think it is worth pursuing this option directly with USCIS.
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msgrewal81
02-18 06:04 PM
I agree. it makes things easier for illegals and difficult(LC process) for legals.
I have Punjabi background. My uncles came to this country illegally. they always make fun of me that why I came legally. They were all given green cards by Reagan and Clinton.:mad:
I have Punjabi background. My uncles came to this country illegally. they always make fun of me that why I came legally. They were all given green cards by Reagan and Clinton.:mad:
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stucklabor
07-24 12:42 PM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
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crazyghoda
01-30 02:20 PM
Ok now I am confused. I was laid off while in India. Since I could not then use my H1 to reenter, I used the AP. So my I-94 is stamped as AOS. Are you saying this was not a lawful admission? Are you implying that from the time I entered the US on AP (Dec till date) is unlawful?
Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.
245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).
Please have all AC-21 related documents for latest job (or job offer).
Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.
245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).
Please have all AC-21 related documents for latest job (or job offer).
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EB2_Jun03_dude
02-21 05:11 PM
I-485: EB2 India with PD June 2003
I was wondering why I am I getting a LUD in Feb 08? (since EB2 India is 'U').
Now I know why :) it seems USCIS is getting ready for the deluge in April 08' :D
I was wondering why I am I getting a LUD in Feb 08? (since EB2 India is 'U').
Now I know why :) it seems USCIS is getting ready for the deluge in April 08' :D
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wellwisher02
04-29 07:03 AM
I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.
Good luck to everyone else!
------------
Hearty Congratulations!
You can change yourself from Googler to Explorer. :-) :)
Good luck to everyone else!
------------
Hearty Congratulations!
You can change yourself from Googler to Explorer. :-) :)
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GreenLantern
02-21 05:09 PM
What is all this about LW. Everybody seems to think it's the bomb. Why? Maybe this needs to be it's own thread?
tabletpc
12-20 04:10 PM
"...I dont think you need to worry.. for you knwo what I am saying ..."
this is turning out be very hilarious form:):). Good way to get rid of GC frustation.:o
this is turning out be very hilarious form:):). Good way to get rid of GC frustation.:o
ssdtm
01-31 03:15 PM
What if the H4 candidate recieves H1 but decides not to start a job at all. What will be his/her status in that case? H4 or H1?
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