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  • wellwishergc
    04-10 07:24 PM
    Berkeley,

    I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.

    Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..

    Please advise..

    Sincerely,
    Raj
    bkarnik,

    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available

    OR

    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.





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  • vina92
    07-14 10:37 AM
    Hi Dinesh,

    I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?





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  • new2gc
    05-12 01:21 PM
    Hope they don't pass this bill and kick us back by 5 Years.

    I don't see a relation between Obama saying ..... Cisco, Intel, Ebay started by Immigrants and DREAM. Those Immigrants he is referring to are from India/China and DREAM are from Mexico.
    Am i missing something here?

    Nothing but election stunt....trying for another trap.





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  • meg_z
    04-03 08:04 AM
    At least I think I did.



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  • dineshksharma
    07-14 01:45 PM
    Hi Dinesh,

    I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?

    Most of the state colleges, (In my case, none of the state colleges), including under-grad and medical schools, will accept application, if you do not have GC/ US citizenship. I tried, wrote letters, but of no use.
    You can apply and get admission in private college, which of course cost much more.
    Also, we were not able to take any federal loans.





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  • sheela
    11-29 07:49 PM
    Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos



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  • swamy
    04-23 06:30 PM
    if only the bill was in place 3 centuries ago we wouldnt have had all these problems...& anyone who thinks this is against only hispanics is daydreaming!arizona has a ton of international students who are going to be targetted too!no ruckus on campus between white & non-white students will be reported anymore so racists will potentially get away with anything and everything. as it is the terminolgy calling legal immigrants 'aliens' and 'parolee' &what not is demeaning & confusing butnow add to it the local overenthusiastic minuteman type police checking ur i94 & seeing advance parole status-will make helluva interaction!while democrats are cynically playing politics republicans are actually acting on their agenda.





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  • priderock
    08-13 04:09 PM
    Just curious, why would any one file again just because they did not get the receipt for the first one (unless there is a legitimate concern like no Fedex/currier tracking for the first one , change of conditions like have second/better LC etc)?
    What guarantees the second one will be accepted ? Just improving the odds ? Then, why stop at filing two applications ??



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  • gc_on_demand
    11-21 06:31 PM
    That's very true. Shame on us for being lazy and waiting for the right moment.
    The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.

    I was looking for some one who is from Dis 16th. Please start movement rfom there.. ( her office ) do let me know what comes out. I am ready with next action iteam.. call list... unless she agrees nothing can start except media drive.





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  • GodBlessYou
    04-01 07:17 PM
    god_bless_you

    I am not sure what the issue is with your account. I know Siva has been really busy. Can you, as a quick fix, create a new account and fax from that?

    Thanks

    OK Done !! sent two faxes!!



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  • thomachan72
    05-18 12:39 PM
    we should also include professional qualifications aquired in the US and not just MS or PhDs.





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  • gclabor07
    02-07 01:20 PM
    Just wanted to let you know I posted my letter to WH and IV.



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  • gc_check
    10-27 09:04 AM
    Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
    Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.

    From from the article. "On wooing back Indian talent, Murthy said there was no need to increase their salaries by 50 times to ensure this. But their lives could be made easier by providing schools, making sure that power condition and commuting is reasonably all right " Looks like he wants to still have the "less expensive" advantage over non-Indian companies / competition and he just wants more and easy H1B's and does not like the path to permanent residency and eventually citizenship and integrating with the American society - which is what American immigration is for. Just need the $$$. Though there are many good to learn from this company and this man, I do disagree with his views when it comes to immigration to USA.





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  • eb3retro
    04-16 01:04 PM
    Can anyone please give any advise/ideas on how to deal with this?

    Thanks.

    did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...



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  • apt29
    08-12 09:52 AM
    Wow dude you are impossible :D Good job though ;) Can you post your exact conversation in detail with second IO for benefit of us here.

    +1 to your avatar

    :D:D:D





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  • saravanaraj.sathya
    08-20 03:51 PM
    I feel sorrry for you...I saw this link but I do not know whether u can use it..
    why would he do that..is this a desi consulting comp? whtz the comp name?

    http://www.dol.gov/esa/regs/compliance/whd/fairpay/complaint.htm



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  • 485InDreams
    08-21 12:34 PM
    Guys...I found this blog in that site...This is one good example that employers watching the threads....so, wht may be the reason... never give the employer details...




    Hi,

    I was on Hib with EliteCareers and they had sposored by GC.
    It was very smooth sailing. They had everything down, very professional. Everytthing reltated to following up on time sheets, payroll, leave, etc was handeled very efficiently.
    When I had some problems with Blue Cross not passing a claim on the medical bill, I was able to get the benefits person in chanrge to talk to Blue Cross and resoolve it immediately.

    Jeri-Mc Fadden was the person with whom I mainly interacted. And she was always there to help, guide, and interface with the client. Most important, whatever terms I had discussed and agreed with her at the start, she was true to it all the time. Even when the company said, "oh, this is not company policy, we do not allow this". she stepped in and said, but for him, we had made an exception. Please proceed. That was very helpful.

    It was a totally stressless experience... not like other H1b experience I had where even if I had something in writing, I was never sure if the company would follow through.

    here, I knew, they would.

    For best reults, just make sure you have all agreements in writing... like when they will start your GC, who pays what. etc.

    So even if Jeri is no longer there, you have that in place. And the company is professional to follow through.


    Best part, my GC came through in 6 months of filing.... I-140 and 485 was a breeze.

    Just my experience....make sure, you go throughall situations and agree on who does what before, and then no issues. The company follows through. It is a well managed.

    - Biju





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  • paskal
    07-17 02:01 AM
    but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)

    All all this does is to push the bottleneck further down the pipeline.

    the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending

    Sorry I dont share the enthusisam

    jasguil


    of course it's a band aid
    important to maintain perspective.
    the fight is not over, whatever happens tomorrow.
    our goals remain to be met and we must continue this work.





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  • 485Mbe4001
    07-08 04:25 PM
    why single out one guy, he is doing what is good for him. What do you expect if the even people registered on this site are not willing to do do something to help themselves. The attidude is i have EAD/AP i am free or I am EB1/2 its just a matter of time till i get the GC. Even the politicians are using us for their own agenda and to score political points.


    Just to add to your description of indians, We have people like Bobby Jindal of indian origin who doesnt care about his own roots and his own people but would do anything for his own selfish political career.(Even change religon and change name). Shame on you Mr Jindal.





    snathan
    06-22 12:35 PM
    come on guys....





    kart2007
    05-17 12:52 PM
    First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.

    So I assume you told this to your neighbor who lives downstairs :D



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