Saturday, June 18, 2011

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  • vghc
    07-25 01:34 PM
    Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)

    Couldn't be that bad, he still have time to post something here. :D





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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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  • Sakthisagar
    10-28 04:11 PM
    The signature Quote of yours give an answer for your view point.

    Read your Katha upanishad quote:

    Wise take the path of joy and Fools take the path of pleasure. I leave it your discretion whom you are!!!:p

    Wow what a revelation. intelligent guy intellgent guy pat123... what a genius.





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  • thomachan72
    05-17 09:20 AM
    Give me a break! Do you know how many of these H1s procurred by the infosys / whatever will never be used during fy 08? you are right about demand and requirement etc, however, it should not be at the expense of other businesses. This policy of mass application is like getting an anticipatory bail that criminals rely on. Use it or not use it, either way you gain, right? I am not against infosys getting visas but am defenitely against mass visa applications by these and the head hunters. Why do you need middle men? are we going back to slave trading era? read the msn today and you will find an Indian couple (millionares) who kept slaves in their homes and are now behind bars. Watch the different forums and see how many complaints are comming up against the employers by software guys (not paying enough, not giving food, no paychecks for 10 months, threatening to fire /sue bla bla bla). Dont you feel sad when you read these?? I know people in software working on very very low salary. Why? think about it. Its time for the senators to really examine who claims all the H1s and I strongly support that. I even say that the H1 beneficieries salary should be linked to the INS in someway so that they immediately know when this person is not being paid or is laid off etc. Man, this is almost a mafia now.



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  • xyzgc
    01-03 05:16 PM
    why not invest in a full-fledged mba instead? It will help you a great deal in your career aspirations.





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  • Soul
    02-11 06:59 AM
    I do that sometimes Kit, especially when I can't really think of a reason.

    Right, I've finally made my vote lol...

    I voted for Kit because I liked the style, would ahve been better bigger but still cool :beam:

    - Soul :goatee:



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  • test101
    07-07 06:27 PM
    Do anyone think we should call/email NBC and refelect our opinion on this segment?
    it was brief but to the point.





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  • makemygc
    07-06 06:28 PM
    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
    So far there is nothing broadcasted which seemed to be breaking news.



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  • cooldudesfo
    09-11 12:05 AM
    Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.

    Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.

    Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.

    Comments ???





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  • ronhira
    07-21 09:01 AM
    doggy, (what a name) u just signed-up and this is your first post..... r u an agent of anti-immigrant website doing their media campaign :cool:


    Check Anti Antis: Conference call: To teach Antis how to post!!! (http://anti-antis.blogspot.com/2009/07/conference-call-to-teach-antis-how-to.html)
    Conference Call on Effective Posting - tomorrow, July 21st at 7:15pm

    How to Post for Maximum Impact
    Conference Call tomorrow night, 7:15pm Central

    Labor Day marks the beginning of national discussions on the corporate visa programs that allow companies to legally bypass the US workforce. Most tech workers see this bypass and confront this bypass when they are looking for jobs. But most recent college grads will never see or confront this issue because they will never be considered for jobs their degrees qualify them to do.

    This is the power of employment discrimination. This issue will be part of a national conversation on comprehensive immigration reform if we tell the truth about our own circumstances.

    Businessweek will be posting their article on H-1b exploitation on Wednesday. Join me to discuss why the "culture of bypass" is the necessary precondition to create the "culture of exploitation."

    Scheduled Conference Date: Tuesday, July 21, 2009
    Scheduled Start Time: 07:15 PM Central Daylight Time
    Scheduled End Time: 07:55 PM Central Daylight Time

    Type of Conference: Standard
    Dial-in Number: 1-219-509-8111
    Participant Access Code: 798504


    Reservation:
    NO, just dial in at 7:15pm Central

    Text of Email Sent Last Week:

    This culture of exploitation among IT labor contractors could not occur without the legal protections to bypass the US workforce. This is why the corporations are fighting hard to defend this protection and defeat the Durbin bill (S. 887).

    Readers may not make the connection between this corporate malfeasance and the bypass of qualifed citizens and green card holders - but your posts can. Make sure your posts mention the Durbin bill (S.887).

    Here's some talking points on corporate protections affored by visa programs:

    * The H-1b corporate visa program is responsible for these crimes because it protects corporations from ever considering local talent and opening the door to this culture of exploitation. Passing the Durbin bill will end this culutre of exploitation.
    * Protectionist measures in the current corporate visa programs are poisoning the IT industry - no corporation should be protected from the consequences of discriminatory hiring practices.
    * American labor laws and EEO have had a powerful impact on American society. These visa programs protect corporations from employing a workforce that knows their rights and can exercise them. That's why corporations don't want the Durbin bill (S. 887) to pass.
    * Far from protecting the US workforce, the Durbin bill (S.887) will give us a chance to compete for job openings in our own country, thus preventing these corporate crimes.
    * It's the responsibilty of the federal government to ensure that we have the freedom to compete- and we will get this freedom to compete when S.887 passes.
    * If these companies were required to seek local talent first, these shakedowns would virtually disappear.
    * The discriminatory practice of recruiting abroad for US job openings now breeds a form of exploitation unimaginable to 21st century Americans. These cheats could never swindle Americans this way.

    Our posts promoting the Durbin bill will be watched -- and measured -- by Congressional supporters of the Durbin bill and all of the players who will be at the table when this issue comes up in the fall.

    Your posts supporting the bill and defending American labor and talent will let all the players know that American IT professionals are standing up for what they want and shaping the circumstances of our lives.

    Donna Conroy
    Director
    Bright Future Jobs (http://www.brightfuturejobs.com)
    dmconroy@sbcglobal.net



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  • drona
    08-27 07:32 PM
    There are thousands of IV members in CA. Please book your tickets now. Yes, it is thousands of miles to DC and on a work day too but as I said we have one chance to voice our concerns. We are not going to get another chance like this anytime soon. It looks like we might have to fly in a few hundred people because DC appears to be sleeping.

    Come on California. Submit your vacation requests now. Book your tickets. Fly on Monday night and fly back on Tuesday night if need be. There are a few people already doing this. Make your contribution. Act now.





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  • file485
    01-06 06:09 AM
    I would follow the advise of your immigration attorney on this one. Sometimes they ask for pay stubs, sometimes they do not. So I would follow what your attorney advises on you. Normally USCIS will not ask for W2's. However an embassy will, when you go for stamping. They will ask for W2 and your tax returns to verify if you got paid whatever is written on your application as your salary.

    thanks Harsh...

    I will not leave the country and go face-to-face of all the places on the earth to the Madras embassy..!!

    Hopefully meanwhile, as always being hopeful my husbands EAD journey should reach and will switch on to that...



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  • dreamgc_real
    04-22 10:12 AM
    To all the antis posting here........read this.........
    http://www.leei.us/main/media/AACOP_STATEMENT_ON_SENATE_BILL_1070.pdf

    Obviously Sherriff Joe Arpaio didn't get this memo............





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  • anandrajesh
    08-01 12:05 PM
    mine reached at 7:55 am ...still no receipt :(
    mine reached at 9.01 am, no receipt as yet. :(
    Should i expect the Receipt Notice today???



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  • snathan
    07-06 11:10 AM
    ^^^^^^^^^^^^^





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  • DDash
    08-07 06:49 PM
    Sorry to hear your story man. I can empathize with you coz I went through hell last July/2007. I tried to advance the wedding and it caused havoc in the family. I got married in End of Aug/07 and by then the dates retrogressed back.

    Getting back to your situation:

    1) F-1 is sure is an option. She will have to make sure that she is independent on her own application.
    2) H-1 is an option as well, but then she will have to wait for next year lottery b.s.
    3) Now that you have G.C. you can go back to India and work. There is some restriction as to how you can maintain your GC.

    You may be found to have abandoned your permanent resident status if you:
    * Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    * Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    * Fail to file income tax returns while living outside of the US for any period.
    * Declare yourself a “nonimmigrant” on your tax returns.

    Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    4) Follow this thread and see if you can make sense out of it for your case:
    http://www.national-anthems.net/forum/article/misc.immigration.usa/198645

    I am not suggesting anything.....I am just give options, hoping to help you.

    Most of all, take it easy, relax and enjoy your wedding.

    Good luck!



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  • DSJ
    06-19 08:53 PM
    common guys why are you making it as bigger issue.

    All he is going to give is 2K more than normal lawyer fee, which is just a 1 dollar per year for an hourly employee. I would advice him to happily take this offer and file without any complication with employer.
    Note desi employer (consulting company) are doing us favor by applying GC, other wise where the heck they have a permanent job.

    Take it easy now and ACt after 6 months of filling 485.

    Also these days lawyers have to do Overtime to prepare documents for sudden surge of new filers.

    Ask your law firm why they are charging you so much. Below are the rates charged by my lawyer and should not be too different from what most of the others charge. If the lawyer doesn't answer, then show these numbers to your employer and lodge a strong protest with them.

    Adjustment of Status
    Principal applicant $1,000
    Dependent applicant $500

    Work Authorization Cards (each) $200
    Advance Parole Travel Documents(each)$200

    If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.





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  • bkshres
    08-08 09:05 AM
    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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  • kris04
    08-17 07:53 PM
    Dear Friends,

    One more to the list , with significantly older I 485 RD

    EB2 - India
    PD: July 2004
    I 140 AD: May 2005
    I 485 RD: Apr, 2005, AD::confused::confused::confused:
    NC-> Cleared , received letter from local Congressmen office who forwarded the note from FBI, confirmed again through Infopass.

    Note: As per the last call with NSC , my case was pre-adjudicated, Biometrics are current and everything is clear, but not yet assigned to IO





    vardinishankar
    10-28 04:33 AM
    Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

    Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)

    "This time you have a great opportunity to consolidate and by working in India, by becoming a good quality professional you will sustain the advantage we have created and will make growth in India a permanent rather than a temporary feature."

    Guys, wakeup! He isn't telling anything wrong - just a different opinion, very valid for a great percentage of Indians - not everyone can/is going to land in US and wait eternally for GC? and nothing wrong in what he is saying - to go for a better long term India than a spurt of growth. Why ridicule the other guy for giving a genuine advice to youngsters - how many of us haven't almost given up on our careers just for the same of EB GC? Are we just afraid of losing out to our brothers in India in future, rather than them joining our batch in the eternal wait? If we want to make US our home, at least we should start respecting another person's right to his opinion, even if we disagree. Why would it be called a gimmick?! There is no other way - if its not India, it will be China, Philippines etc. Look at the way the general product industry went? The same will happen unless there are restrictive trade policy - which, not only would be against the "US" principals of free trade, but would also automatically be harmful for the US economy.

    I personally don't see anything wrong in the article. He puts forth the right things that can be done to improve the life of Indian generations - now and for future. And if that happens, there would be a benefit for us in particular, and US economy and US jobs in general.





    madhu345
    10-09 10:51 PM
    Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.

    Dude...you still remember this Alpheratta GA company?



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