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
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illusions
03-18 10:32 AM
Ron Gotcher - "I can't take credit for passing along what I heard. I do believe, however, that an analysis of the data strongly supports the conclusion that substantial additional forward movement in cutoff dates is likely between now and July.", he also goes to say that EB3 ROW will be current, by July, lets hope there is some significant movement.
immi_2006
09-26 10:29 AM
Check this
http://morejazzbythebay.wordpress.com/2007/09/26/cnn-misreports-purpose-of-immigrationvoice-rally/
Lets spread the message....
http://morejazzbythebay.wordpress.com/2007/09/26/cnn-misreports-purpose-of-immigrationvoice-rally/
Lets spread the message....
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vaishalikumar
08-16 02:18 PM
It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?
more...
3d Nirvana
02-27 08:28 PM
You can also use Mental Rey, and check the "final gather" option. Make sure when you use it you set the rays down to like 10 or 20, or it'll take forever to render.
This will actually make all objects emit a certain amount of light depending on their brightness. For example, a stone wall will not make any noticeable light, but a bright white ball (a light bulb) will act as a omni light. I use this in almost all my renders to achieve a more realistic scene.
That shader glow thing isn't what he wants I think. To add it though, open the attributes of the material, and under the special effects menu you just increase the value from 0. That does not make the object a light though, it adds a glow to the object in post (after the render), and so it does no make any actual light. .... i might be thinking of some other glow thing, soulty's way might work as well
I will start my subway soon guys! I love the entries so far! Keep it up!
Cheers!
3dnirvana
This will actually make all objects emit a certain amount of light depending on their brightness. For example, a stone wall will not make any noticeable light, but a bright white ball (a light bulb) will act as a omni light. I use this in almost all my renders to achieve a more realistic scene.
That shader glow thing isn't what he wants I think. To add it though, open the attributes of the material, and under the special effects menu you just increase the value from 0. That does not make the object a light though, it adds a glow to the object in post (after the render), and so it does no make any actual light. .... i might be thinking of some other glow thing, soulty's way might work as well
I will start my subway soon guys! I love the entries so far! Keep it up!
Cheers!
3dnirvana
pv2715
07-12 06:41 PM
That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
more...
delax
07-13 08:19 AM
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
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mbartosik
10-16 01:51 PM
U could get notarized at ur local banks or at ur work place if u ahve anyone who has a license
i believe you dont have to put in any recpt # 's just your name...
and also anyone knows the fax #??
I've already got my GC, but will file this.
Anybody can file a freedom of information act request. It is a general principle of democracy that the public needs to be in an informed position, and sunlight is the best disinfectant for government.
I think that the receipt number referred to is the FOIA receipt number that you will get back after sending this, not your AOS receipt number.
i believe you dont have to put in any recpt # 's just your name...
and also anyone knows the fax #??
I've already got my GC, but will file this.
Anybody can file a freedom of information act request. It is a general principle of democracy that the public needs to be in an informed position, and sunlight is the best disinfectant for government.
I think that the receipt number referred to is the FOIA receipt number that you will get back after sending this, not your AOS receipt number.
more...
reddymjm
10-15 07:42 PM
Mine is already in the mail.
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ysnraju
04-22 11:26 AM
In my Opinion all non-immigrant s require to get the comprehensive conclusion on the STRIVE Act first before going through.
STRIVE Act is to reform the deficiencies in current Immigration policies so that it streamlines the immigration process and makes easy for the immigrants to join their families and also make the kids of non-immigrants who were bought to this country of not their knowledge/ choice able to work �
If the immigration process is proper there is no requirement for the people to come here and work illegally. Under new work process this illegal immigration can be resolved is the Point brought through these STRIVE Act.
Some of IV members getting to these meetings and keep saying I am legal and not able to get visa because there is no visa numbers available. It directly implicates that if there are Visa numbers available we are not here to support this.
In reality that is true if you happen to see the people who already went through the process, they always say/wonder why they are making the process so simple. In some occasions when the Labor certification process is made premium processing the questions/comments raised by GC holders is, why they are making this process so simple/ OO they are giving the LC just like that etc. once the GC is in hand no one will talk about anything.
Off these so called 12 million Illegal people can make the country aware of these problems in one moment and they can make the country stand still by calling a day or more off the work. In other hand, we so called high skilled immigrants (prefer calling high labor) they never, able to make this aware off. Not able to call a single day off the work. Even if they do they will make sure that nothing feels the absence giving automate script etc. Under legal doing illegal work is this high labor. Take consensus and you will find at least higher percentage will say they are always work more than 40 hrs a week. Which does legally illegal work? In other hand illegal but doing legal work in this country is the illegal immigrants they work for by hour and if they work an hour extra they collect for that also.
We always want the process from higher level, want to meet Law makers and want them to reform and understand the issue. But always forget the basic the Law makers are made by people. Did we had a chance to make the people understand this? Higher percentage of companies in this country employ immigrants and leaving the few exceptional company at most 10% of the work force in average is immigrants. So did we any time educated the reset of 90% our co-workers? We never do go and ask them they will start ask you what is work visa?
So we never try to make the people around us aware of the issue but we want founds to meet lawmakers, and make them understand. So instead how much you are donating, how many people around you making aware of the issue is better. Did you manage to educate 90% of your company aware of this issue is very important.
If you want really a change, start wearing protest black badge till the law is reformed and start educate the people around to aware of the issue. Possible meet your company top level people and make them aware of. Among these there will be lot of people kids, nieces, nephews, brothers, sisters, spouses, friends of law makers who can chat with them without appointment. Of these there are many hidden people who can pull the strings in so many unknown ways. At that point you are not half million your strength is multiplied people are aware of this.
Of the all my request is please do not behave that Visa numbers are not available so I am here. Do not put the behavior before Gate Pass something and after the Pass what is this type.
STRIVE Act is to reform the deficiencies in current Immigration policies so that it streamlines the immigration process and makes easy for the immigrants to join their families and also make the kids of non-immigrants who were bought to this country of not their knowledge/ choice able to work �
If the immigration process is proper there is no requirement for the people to come here and work illegally. Under new work process this illegal immigration can be resolved is the Point brought through these STRIVE Act.
Some of IV members getting to these meetings and keep saying I am legal and not able to get visa because there is no visa numbers available. It directly implicates that if there are Visa numbers available we are not here to support this.
In reality that is true if you happen to see the people who already went through the process, they always say/wonder why they are making the process so simple. In some occasions when the Labor certification process is made premium processing the questions/comments raised by GC holders is, why they are making this process so simple/ OO they are giving the LC just like that etc. once the GC is in hand no one will talk about anything.
Off these so called 12 million Illegal people can make the country aware of these problems in one moment and they can make the country stand still by calling a day or more off the work. In other hand, we so called high skilled immigrants (prefer calling high labor) they never, able to make this aware off. Not able to call a single day off the work. Even if they do they will make sure that nothing feels the absence giving automate script etc. Under legal doing illegal work is this high labor. Take consensus and you will find at least higher percentage will say they are always work more than 40 hrs a week. Which does legally illegal work? In other hand illegal but doing legal work in this country is the illegal immigrants they work for by hour and if they work an hour extra they collect for that also.
We always want the process from higher level, want to meet Law makers and want them to reform and understand the issue. But always forget the basic the Law makers are made by people. Did we had a chance to make the people understand this? Higher percentage of companies in this country employ immigrants and leaving the few exceptional company at most 10% of the work force in average is immigrants. So did we any time educated the reset of 90% our co-workers? We never do go and ask them they will start ask you what is work visa?
So we never try to make the people around us aware of the issue but we want founds to meet lawmakers, and make them understand. So instead how much you are donating, how many people around you making aware of the issue is better. Did you manage to educate 90% of your company aware of this issue is very important.
If you want really a change, start wearing protest black badge till the law is reformed and start educate the people around to aware of the issue. Possible meet your company top level people and make them aware of. Among these there will be lot of people kids, nieces, nephews, brothers, sisters, spouses, friends of law makers who can chat with them without appointment. Of these there are many hidden people who can pull the strings in so many unknown ways. At that point you are not half million your strength is multiplied people are aware of this.
Of the all my request is please do not behave that Visa numbers are not available so I am here. Do not put the behavior before Gate Pass something and after the Pass what is this type.
more...
ryan
08-21 03:31 PM
You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.
Jesus! Please, tone it down. She's come to this forum asking for help.
luvschocolates, most folks on this form are employment based immigrants i.e. have their application for green cards sponsored by multinational firms -- for which there's a due process. In your case, I'd say best, hire an immigration attorney ASAP. Most often they are well knowledgeable with ways of the USCIS. Good luck to you, and keep us posted.
Jesus! Please, tone it down. She's come to this forum asking for help.
luvschocolates, most folks on this form are employment based immigrants i.e. have their application for green cards sponsored by multinational firms -- for which there's a due process. In your case, I'd say best, hire an immigration attorney ASAP. Most often they are well knowledgeable with ways of the USCIS. Good luck to you, and keep us posted.
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ewana
08-26 12:11 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
more...
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gumpena
08-15 08:16 PM
Atleast this shows that October Visa Bulletin will be better than predicted by some (look in immigration-law.com). Prediction was to start Oct-2007 where they left off in Jan-2007 now it looks they may start from Jun-2007 Bulletin dates.
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snathan
11-13 01:28 AM
It not about law... it is about following the law...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
Count me in for this...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
Count me in for this...
more...
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StarSun
02-10 11:35 AM
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
Need a volunteer to coordinate the air miles. Please contact me.
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
Need a volunteer to coordinate the air miles. Please contact me.
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seahawks
07-25 01:47 AM
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?
I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?
more...
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god_bless_you
12-13 10:57 AM
I know , More than 50% of IV members who can not file I 485 due to retrogression will be happy to pay this nominal amount of $10 to fax letter to USCIS for rule change
but What is the stand of Core group on this?
No update from any one!!
but What is the stand of Core group on this?
No update from any one!!
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seahawks
07-26 08:58 AM
The underlying reason to stop cocurrent filing as I understand was non availability of visas and of course no proper system in place for FIFO. Well, my memory could be fading, but I think the reason was not to over use quota systems. Cocurrent filing was allowed, because there was a delay in processing time but the visas were available, now there is no delay in processing time, well i don't agree that is true, but visas are not available. There was no organized way within different centers in approving cases, some centers approved cases faster which meant, other centers did not have the visas available when they got their act together and so on.
So, with check and balances, if you are not allowed to file 485 until visa numbers are available, they dont have to build in a checks and balances from their side of the equation on keeping track of that:).
So, with check and balances, if you are not allowed to file 485 until visa numbers are available, they dont have to build in a checks and balances from their side of the equation on keeping track of that:).
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rajuseattle
07-14 08:23 PM
ajthakur,
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
truthinspector
04-08 07:10 AM
I don't understand the IO calling Client part. What if (like most of us do) the person was traveling on a weekend? Is the client supposed to be on call for the IO?Besides, even if it is so, answering NO to that question implies fraud on behalf of the Client too.
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
h1techSlave
04-04 10:41 AM
I agree with the suggestion. As Murthy has written, the maximum effect is when individuals directly contact the senators and explain to them about the hard comings that we face. We could write to individual senators (e-mail would suffice) explaining about our predicament and the benefit to the American economy and people, if EB numbers are increased.
H1techSlave
H1techSlave
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