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  • logiclife
    12-28 12:44 PM
    There are more risks in using AC21 before 140 approval.

    Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.

    Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.





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  • guy03062
    04-12 12:19 PM
    I totally agree with bkarnik.

    I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!

    So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).

    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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  • OLDMONK
    07-19 12:46 PM
    Since we already applied for I-485, I am keeping my fingers crossed. Her employment letter (submitted) only says that she is employed with the company and her employment is valid till 2008.

    Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.

    I am sure so many in the same boat. Is there anything we could do?

    She would still need to be on the Payroll and reported as an employee, preferable from the date of COS, If making a case of vacation or medical leave.





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  • checklaw
    07-02 04:49 PM
    $1200 (Medical+Photocopying+Photos etc.)
    $700 (Lost wages)



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  • lazycis
    11-30 01:30 PM
    Congress never thought that I-485 processing would take more than 1 year (I-485 pending for 180 days is called "long-delayed" in 8 USC 1154(j), see also 8 USC 1571). If the USCIS was able to process all I-485 in one year time frame, there would be no retrogression!





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  • SkilledWorker4GC
    07-08 04:58 PM
    We need to call for unity ask people to come out and support this initiative.
    We got to do somthing. Enough is enough. Think of all high skilled workers not going to work for a day what kind of impact that will have? What kind of awareness that will create? I am ready to give up one day worth of pay for this. Anyone else?

    Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us



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  • naushit
    12-12 01:15 PM
    I understand they release new numbers every quarters ( Jan-Feb-March).
    Since all those numbers are already used up. we should not expect any movement in Feb and March either.

    Is this correct? I hope not.





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  • gps
    06-20 12:20 PM
    jahnavi
    May i know when was your last fingerprint done, my PD is Aug 2003 and i had finger print done long back so do they need to do the fingerprint gain before approving?



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  • Green.Tech
    06-27 03:36 PM
    using a flash is ok, just be careful if you wear glasses (you might need some retakes before you get it right). and turn on red eye removal. 3.2 mp for the size (2x2) of picture is good enough.. Even 1 mp is good enough if you are zooming in to take pictures. but if you are cropping a 1 mp picture to take out surroundings, its better to use 2mp plus camera.

    When using a flash you get harsher shadows, to counter that have light source both from left right and top and do the picture in daytime with atleast some natural light. Remember stand atleast 2 feet away from the white background.

    Flash results specially in home environment without proper lighting won't be good at nighttime unless you use multiple synchronised flash guns.

    I guess the other persons remark regarding flash may be related to lighting / over exposures/ shadows. (make sure you wipe your face if you have oily skin - no kidding )

    In the end if you really want to make your pictures look good and per specifications go to a portrait studio.

    Thanks Oldmonk for the detailed reply! I appreciate it.





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  • insbaby
    09-26 07:43 AM
    <quote>
    The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    </quote>

    If you are taking a supplementary examp of one subject of your previous sumester clearly says you have not graduated on Dec 2000, but only after June 2002. I dont' think any school give away degree without completing all exams.

    I have heard many such cases, people want to take advantage of EB2 and filed without meeting the requirements. But unfortunately many times they are trapped.

    There is only one way, talk to a good immigration lawer. The good thing is, this is not a crime, you still have enough evidence to prove that this is a user error and you have chance to file again. Go with EB3 for safe. But ONLY A VERY GOOD IM LAWER can do this.



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  • GC_SUCK
    07-19 02:19 PM
    This discussion scared me now.

    I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.

    The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.

    AM I IN PROBLEM?

    Please comment and give me hope.





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  • user2005
    06-26 01:19 PM
    Hello All,
    I finally got my GC. Here are the details.

    PD May 2002
    EB3/India

    I got welcome letter and then the card. I did not get approval notice.
    People who got apporvals recently, can you share your experience.
    Thank You.

    Congratulations.
    What is your I485 receipt date?



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  • reddy77
    07-03 02:25 PM
    My Expenses :
    Medicals - 600
    Shots - 80
    Gas - 100 (total of 600 miles)
    Attorney - 1300
    Affidavits - 30

    took my wife to medicals and travelled 150 miles (total of 600 miles) couple of times during her last month of pregnancy - priceless.





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  • singhsa3
    01-05 09:43 PM
    Especially after when you have kids. You are booted out of your bed and the kids take your place.
    Believe it or not I got so sick of sleeples nights (my 18 months old kid virtually rotates like a clock on bed all night long) that I had to buy a twin size sofa bed and place it next to our King Size bed. These days I am sleeping on that bed.

    this confirms that you are not married.
    I am, and as every married male knows, you sleep alone. Does not matter how many wives you have. Its something to do with the transformation that occurs in them as they go from girlfriend 1.0 to Wife 1.0.



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  • dan19
    04-13 12:01 PM
    GCard_Dream,

    I agree with you. I had also brought to the attention of the moderators about the restraint they need to exercise while closing threads.

    Let people discuss about the visa movement dates as long as it doesn't harm/hurt others. Discussing/predicting visa dates is not against the wishes of the larger immigrant community as long as anti-social acts like betting is involved.

    I again request the moderators to exercise their power with proper reasoning. If 1000 people wants a thread closed, it is not a proper reason for closing it.

    I normally don't post predictions. But I read it sometimes. They will be a few people who post genuine opinions. Their views are sometimes helpful!

    Just my thoughts. It's not against anyone.


    Well .. there you go. When I predicted few weeks ago that there will be a big jump in the priority dates, some of us came up with big speeches about how that thread was a big waste of time and the thread should be closed. The thread in fact was closed without any explanation. It appears that there has been several occasions where moderators are just closing the threads without any explanation.
    http://immigrationvoice.org/forum/showthread.php?t=3820

    Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.

    What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..





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  • gsc999
    09-09 06:55 PM
    I can help in carrying stuff!

    Plz pm me your ph number.



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  • imm_pro
    06-13 01:12 PM
    Guys if you have already called..please ask ur spouse or request ur friends to make the call..every call counts..





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  • gapala
    07-20 04:53 PM
    Thanks friend. I do hope your prayers work for me. But I still find it strange that if someone has a pending I-485 through consular processing route, then he/she can't get a visitor visa no matter what? What if it is a medical crisis? Family reunion issues? This sure sucks. I will check with some lawyer on this.

    And lastly what you detect as arrogance is my plain talking style. Did I make personal attack on anyone? no, right? Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?


    I do respect your views and To me, life is little more "serious business and it deserves due respect than entertainment aspect of a game" :) I hope you would respect other's views on life too.





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  • sumansk
    07-27 04:21 PM
    I must say I haven't seen so many interesting !!! people at one place....AMAZING ..Please send one to Bush Bhai...May be they will consider yours a special case and immidiately grant you GC...you are one really SMART...:D :rolleyes:





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    07-07 07:33 PM
    after watching it, don't forget to rate the youtube clip. :)





    needhelp!
    02-11 11:19 AM
    Thank you zachs..

    I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.

    Dear friends,
    Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.



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