cagedcactus
04-16 03:17 PM
The experience would have to be before the labor filing, in order for it to count. I suggest that you should talk to 3-4 attorneys and get the best possible approach.
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wahwah
06-05 04:39 PM
you 're right...so may what shivap80 is saying is correct also...
if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
sam_hoosier
12-13 03:30 PM
:D I am with you on this.
How is this fraud ? What he is doing is legal ;)
How is this fraud ? What he is doing is legal ;)
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h1techSlave
04-14 08:34 AM
See how Mr. Blog feed has omitted the fact that this law is against "unauthorized alien". To a casual observer it would appear that IV supports such endeavors (promoting illegal immigration).
And there's plenty of competition. Essentially, the bill makes the entire state a 287(g) state without the supervision of Department of Homeland Security. The bill's constitutionality seems extremely dubious, but we'll have to wait on the courts and I feel certain that a suit will be filed within days of the governor signing. Here is a summary of the bill's provisions. As an aside, I was struck by the "Profiles in Courage" passage from the LA Times coverage of the bill: [Governor] Brewer, a Republican, has not taken a public stance on the bill. She replaced Janet Napolitano, a Democrat...
More... (http://blogs.ilw.com/gregsiskind/2010/04/arizona-passes-nations-toughest-antiimmigration-law.html)
And there's plenty of competition. Essentially, the bill makes the entire state a 287(g) state without the supervision of Department of Homeland Security. The bill's constitutionality seems extremely dubious, but we'll have to wait on the courts and I feel certain that a suit will be filed within days of the governor signing. Here is a summary of the bill's provisions. As an aside, I was struck by the "Profiles in Courage" passage from the LA Times coverage of the bill: [Governor] Brewer, a Republican, has not taken a public stance on the bill. She replaced Janet Napolitano, a Democrat...
More... (http://blogs.ilw.com/gregsiskind/2010/04/arizona-passes-nations-toughest-antiimmigration-law.html)
more...
angelfire76
08-10 01:00 PM
The best thing DOL did was to get rid of Labor Subs. Period.
Why:
1. I've paid Social Security taxes + Medicare + Income taxes longer than people who've come here in 2006 and used LS. If I don't get GC (frustration due to retrogression), aren't these guys enjoying (or going to enjoy) benefits that I've paid for, for a longer time.
2. It's really no different than the system in India (or what used to be)for getting everything from telephone, passport etc. where a select few jump ahead in line by either knowing somebody or paying somebody. Isn't that one of the reasons a lot of us decided to move to the US for better(fairer?) opportunities.
3. Isn't this very similar to the falsifying of experience people do to get better positions in a company?
4. Yes, I do have a problem if after slogging my butt off to get a Ph.d, somebody with 3 yrs + 2yr of NIIT comes in through desi consultancy and gets far ahead in line than me. Now before somebody says NIW+ EB1, let me tell you that it's not that easy to get it in the Computer Sciences.
Anyway, having said that it's no time to be divided, but to present an unified front in getting legislation passed that eliminates exactly this kind of discussion. Atleast 20 yrs down the line when we talk about arranging marriages between our children, let how we got GC be a deciding factor in who's got the bigger status :D
Why:
1. I've paid Social Security taxes + Medicare + Income taxes longer than people who've come here in 2006 and used LS. If I don't get GC (frustration due to retrogression), aren't these guys enjoying (or going to enjoy) benefits that I've paid for, for a longer time.
2. It's really no different than the system in India (or what used to be)for getting everything from telephone, passport etc. where a select few jump ahead in line by either knowing somebody or paying somebody. Isn't that one of the reasons a lot of us decided to move to the US for better(fairer?) opportunities.
3. Isn't this very similar to the falsifying of experience people do to get better positions in a company?
4. Yes, I do have a problem if after slogging my butt off to get a Ph.d, somebody with 3 yrs + 2yr of NIIT comes in through desi consultancy and gets far ahead in line than me. Now before somebody says NIW+ EB1, let me tell you that it's not that easy to get it in the Computer Sciences.
Anyway, having said that it's no time to be divided, but to present an unified front in getting legislation passed that eliminates exactly this kind of discussion. Atleast 20 yrs down the line when we talk about arranging marriages between our children, let how we got GC be a deciding factor in who's got the bigger status :D
bluekayal
02-16 11:06 AM
Nandakumar,
The conference call is today. Please send me a PM. There is lots of exciting work ahead, and we need more hands!
Bluekayal
I live in south bay and would definitely like to join.
The conference call is today. Please send me a PM. There is lots of exciting work ahead, and we need more hands!
Bluekayal
I live in south bay and would definitely like to join.
more...
mwin
05-15 02:06 PM
You can some idea about 140jibjab by reading his old posts.
I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.
140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.
I am sure I am going to get a lot of red dots for this and so be it.
I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.
140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.
I am sure I am going to get a lot of red dots for this and so be it.
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raj3078
08-22 10:21 AM
It would be interesting to know....Wonder how credible their claim of State Dept official discussed with them about Visa Bulletin dates?
more...
jchan
06-05 09:46 AM
I found some things in our favor:
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
3. Once you have an approved I-140, you will never be subject to H1B cap:
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
....
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
3. Once you have an approved I-140, you will never be subject to H1B cap:
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
....
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?
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kode
02-02 06:43 PM
wow !! the first vote for my kastle !!! :P
thank you very much Oblique :love:
thank you very much Oblique :love:
more...
shamu
01-10 03:36 AM
IV friends,
Sub: Immigrant requiring info on Maternity insurance.
I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.
What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org
Also please provide me info, if any, on hospitals which provides maternity insurance.
Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.
Thanks in advance.
Thanks,
Shamu
** for pregnant with individual health insurance which does not cover maternity.
Sub: Immigrant requiring info on Maternity insurance.
I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.
What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org
Also please provide me info, if any, on hospitals which provides maternity insurance.
Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.
Thanks in advance.
Thanks,
Shamu
** for pregnant with individual health insurance which does not cover maternity.
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Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"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. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
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.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"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. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
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.
more...
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for_gc
04-02 11:31 AM
Anybody from Memphis, Tennessee wants to join hands in this good fight ?
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saimrathi
07-06 02:14 PM
Thanks.. WIll def watch...
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EndlessWait
10-02 12:48 PM
NSC->CSC->NSC for 485
EAD/AP by CSC.
any idea on what are the processing dates for EAD and AP at CSC
and also finger printing timelines
EAD/AP by CSC.
any idea on what are the processing dates for EAD and AP at CSC
and also finger printing timelines
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optimystic
10-28 10:05 PM
Tough crowd :rolleyes: :rolleyes: :rolleyes:
You said it !
To give super-sensitive people a break, let me suggest something to the tough crowd...
- When you want to give a negative comment, give it with a Green Dot - This is akin to positive/constructive criticism!
- When you want to give a positive comment, Give it with a Red Dot - This is akin to an incentiveless praise. So as to keep a person down to earth :D
Just kidding!! :D .
Go have fun with dots/comments if you don't have too much on your hands ! But try to keep it *clean/civilized* !
You said it !
To give super-sensitive people a break, let me suggest something to the tough crowd...
- When you want to give a negative comment, give it with a Green Dot - This is akin to positive/constructive criticism!
- When you want to give a positive comment, Give it with a Red Dot - This is akin to an incentiveless praise. So as to keep a person down to earth :D
Just kidding!! :D .
Go have fun with dots/comments if you don't have too much on your hands ! But try to keep it *clean/civilized* !
more...
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SEP03NY
12-20 12:07 PM
If someoe is on H1B then he converted to H4. Then He converted to H1B.
He didnot leave(USA) the country any time. How his time calculated.
Thanks
He didnot leave(USA) the country any time. How his time calculated.
Thanks
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girishvar
08-15 12:54 PM
Whether H! or EAD, if you are changing job it should be same or similar job classification. Using EAD is a blessing in disguise as there is no need to notify USCIS, unless there is a RFE. However, it is always better to inform USCIS and keep the job change in their file. It will help you when you travel on Adavnce parole. At POE, you need not fear to answer the question, whether you work for the same employer? you can answer saying you work for a new employer and AC21 has already been notified to USCIS.
Again the key is Same or similar occupation.
I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
Again the key is Same or similar occupation.
I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
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h1bmajdoor
09-03 09:50 AM
To go one step further on your point, the whole world should have a better understanding and expectation of employment-based immigration to America. When the fact is out, it is really up to the indivdual to make an informed decision without complainting.
here is the reality:
you came here thinking they will love you because of your math skills.
what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.
we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.
make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.
this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.
here is the reality:
you came here thinking they will love you because of your math skills.
what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.
we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.
make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.
this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.
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.
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.
akv123
07-13 06:40 PM
I read, "why should I support if I am not affected or benefited". This level of selfishness surprises me (or considering average human nature, should not surprise me). Support is for the 'cause' not for the 'outcome' or its direct 'benefits'. If you believe in the cause, go and support; if not, go and oppose.
I read that most would-be immigrants are differentiating themselves as an 'illigal' or a 'legal' immigrant. People are forgetting that legal or illegal both are immigrant and want to have a better life for themselves or for their family compare to what their own country have to offer to them. Where is the difference - look deep into your heart - difference is one has some additional pieces of papers while other does not. Stop differentiating! Start uniting and fight for the justice.
So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?
I read that most would-be immigrants are differentiating themselves as an 'illigal' or a 'legal' immigrant. People are forgetting that legal or illegal both are immigrant and want to have a better life for themselves or for their family compare to what their own country have to offer to them. Where is the difference - look deep into your heart - difference is one has some additional pieces of papers while other does not. Stop differentiating! Start uniting and fight for the justice.
So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?
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