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  • eb3retro
    04-12 11:48 AM
    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.


    very nice analysis.





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  • saimrathi
    07-06 06:20 PM
    Nothing yet.. Hope its on tomm.. please post correct info..

    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!!





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  • gc_chahiye
    12-13 06:18 PM
    I tried to recruit 3 guys with 7-8 yrs of experience. We already have a 12 member offshore team...the average asking rate (H1s and citizens) is 90K ..H1B quota restriction is working in our favor very much. Market rate for IT professionals has increased quite handsomely..put ur resume out to dice or monster and see for urselves.

    this 90k is in which part of the US? A salary number without specifying geography is pretty hard to rate :)





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  • mundada
    10-10 02:05 PM
    I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.

    If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
    Service industry is not always based on labor cost differentials. Many services are value added services. For example, stock brokers used to charge $200 and above for stock trades; however, electronic brokers came and made the industry efficient and hence can profit more by charging only $10 or even less. But this does not mean that the stock brokers are earning less. In fact they are earning more than before. However, their value additions come from faster settlement times and high volumes. This is easier to analyze. Now look at London or Hong Kong -- what services it provides and why is it booming?

    High investments in R&D in general is good for economy but not necessarily true for a company. For example, German manufacturers are best R&D shops; however, their over investment in precision is precisely their problem. On the other hand Apple copied mp3 music players from Creative and made millions. One can find countless examples of skilled marketing (services) not innovative products making money. So don't assume that R&D investments are always good for a company.

    Finally, Wipro & the likes -- they have already opened up shops in China, Mexico, Brazil (yes)... and finally if dollar falls further they could actually buy the US companies and make them efficient (Honda and GM example).



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  • dc2007
    08-23 03:13 PM
    Here comes one more preacher. Most people on this forum are no saint, they not even a man (or woman) enough to stand up for themselves.

    Please don't comment about anybody's else abilities without knowing him/her. You don't know me or what I have done. Then how can you comment that "not every man enough to stand up for themselves."

    Its easy to put comments/remarks like this. STOP THIS. And you are preaching, pushing : IN or OUT, please join ralley etc. I am not. Don't you understand ???


    We are a Union and thats how a union works that is actively supporting the cause of its members.

    You don't understand what does WE and UNION means and how to co-operate. I bet you must have issues with your co-workers also in work (if you work).

    How do you like my comments like this. This might get you more angry, but this is exactly what you are doing here to others.

    If one is stupid enough not to understand that we are trying to help everyone and thus this "one help" need to be demanded then god help that person.

    I don't need to justify my abilities or whether I can stand for myself or not, but the only reason I replied to this thread as I can't resist my self by seeing comments by people like you here.
    I believe in GOD very much and I believe that GOD does justice in HIS own way which most of the times we don't undersatnd. In short, I have seen very few unlucky people who are still in the process of GC with 8 years (like you). May be because of your traits this has happened to you. GOD's justice. May be you need to hear your inner voice and understand that don't hurt others feeling and don't need to go to DC or join IV.

    Understood, we all may have problems but those could be solved with whatever our share of work we can do to support this cause.

    See who talks about Sharing now :)

    If someone says that they don't know what IV policies and activites are and blames that nobody explained to them. Well... thats a lame excuse. It is very much on the front page of IV

    Number is the bargaining power and we are here to bargain. Period.

    Yes, u got that right. I am one angry man and regret that what I am doing goes against the spirit of IV.

    Now my direct question to you is : are in or are u out?

    My direct answer to you: With people like you propaganding for IV, I AM OUT.





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  • OLDMONK
    06-27 05:31 PM
    I am very surprised about the requests for cheap photos !!! What a pity.
    We were ready to spend thousands of dollars just a month ago just to have the ability to apply for I485, but when you get a chance , try to save a few dollars and risk an RFE , delay in processing or even denial.

    Walmart photos suck , so are CVS photos. I had them take my pictures in the past. Never used the walmart ones and CVS photos got rejected for visa revalidation. They used Polaroid camera at walmat and they were not good at all.

    I took them at Macy's studio , costed me about $30 for 6 copies but they are great. Please choose a professional studio, $20 extra dollars are worth every penny.

    Some one mentioned about saving $20 and have a dinner. I would rather have peace of mind knowing my pictures are good enough for USCIS than have a $20 dinner.

    Just my 2 cents though. May be I am extra cautious because I got burned once :)

    The issue for me is I have pictures from Picture People (a studio-upwards of $80) and a set of my Own. My own look better and are as per specs, but even then its just the thought of who do I blame when the pics get rejected. :-) so i am cool with the decision that the studio photos even though not perfect will be submitted as I can frickin blame someone in case of RFE.



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  • Raju
    07-17 08:59 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

    I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.





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  • psaxena
    05-29 08:00 PM
    Guys go to this website and sign up and vote yes for this bill.

    http://www.opencongress.org/bill/111-s1085/show



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  • Kitiara
    02-03 06:27 AM
    Pixel art is <i>hard</i>. :smirk:

    Eilsoe and Soul are neck and neck at the moment. Gripping! :beam:





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  • amslonewolf
    04-17 07:06 PM
    I have a EB3 India PD of May 2002.. That said, the snippet in the visa bulletin sounds very promising..



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  • humdesi
    11-27 09:34 PM
    this is a one-sided view of someone hell-bent over renting is better than buying.

    The website has got the views of well over a hundred other people. Read all the posts, esp the ones that do detailed financial analyses.


    and if you take 15 yrs mortgage, you will not pay more money towrads your interest.


    Then your tax benefits will be lower..and your monthly payments will be larger.





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  • ragz4u
    03-16 03:43 PM
    I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.

    Check out the following article from the OC register here http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php

    If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!

    WASHINGTON � The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.

    Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.

    No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.

    But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.

    Early this afternoon, Frist announced his intention to introduce a bill before next week�s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist�s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader�s measure.

    The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.

    For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.

    Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.

    The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.

    Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.

    The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.

    Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.

    Not all members of the committee agreed with these compromises.
    Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.

    And several committee members most opposed to a guest-worker program � most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.



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  • ashishgour
    05-29 08:37 PM
    Done...





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  • rb_248
    10-29 12:00 PM
    NRK,

    Did you visit any country that might have triggered this?

    Have you ever faced any issues with your last name being on no fly list?

    You have pretty much answered no to most of the questions asked by other posters. If the answers to the above questions are no too, then it must be USCIS error.



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  • EBX-Man
    05-12 08:54 AM
    I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?

    That is because he does not have the drive and initiative that you have ...





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  • smuggymba
    11-03 08:04 AM
    Sen Reid and Grassley win. I was hoping they would lose badly.



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  • another one
    07-06 04:20 PM
    of being a WHITE KISS ARCE

    STUPIDITY

    LOVE BEING A SUBMISSIVE SLAVE

    so much for a free modern world...bbbrrrrrrrrrrrr


    off to India ..no more pepsi, coke jeans for me ...the real GANDHIGIRI is wear home made khadi clothes....hit them where it hurts and that is MONEY


    HELP LOCAL INDIAN ENTERPRENEURS ..SENDING FLOWERS is really cheesy and idiotic ..who came up with this stupid idea???

    take it easy. You have fallen behind on times...





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  • alias
    04-02 07:22 PM
    Thanks all for making it so easy to webfax.





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  • shana04
    02-13 11:26 AM
    HI SHANA,

    Do we need to have labour approval notice to see the job title and job code and salary.. can you please email me the details to : gadde.rao@gmail.com
    if not can you give your email and phone#.
    iam also in the process of invoking ac-21 using h1b transfer..
    i would appreciate your help.. Does the job title, job description and salary need to be same for ac-21?

    All I have used is the same job title and salary specified in the new offer letter. did not specify the job duties.





    pointlesswait
    02-17 05:06 PM
    it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...

    i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..

    there are so many posts..i got a LUD what not.... its annoying...
    its like.. USCIS touched my lu(n)d..will i get a GC now..

    grow up ..
    i may have offended some purists on this board.... idgaf..<:-|


    I got LUDs on 2/10 on both mine and my wife's 485. My wife got an RFE email on 02/13. I do not know what this means either...





    thomachan72
    11-10 01:56 PM
    I think I have joined IV in last 3 years or so...
    Donated money once & have called congressmen & senators many times ...

    Could someone please tell me -

    What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.

    I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....

    Goel_ar, I dont know why anybody would give you a red for asking this question. It is a very valid question.
    I would like to say that dont count what IV has achieved but try to consider the situation "If there was no organization like IV around". Right now even if you have some issues (minor or major) you could communicate with like minded people in one place and hopefully get solutions. If you are a continued donor then IV even helps to solve some of the issues?
    There are lot of benefits in being organized and whether you donate or not it is well in our interest that this survives and stays strong. What is a new opportunity arises, immediately we have a platform to jump in, right? without IV existing that would be difficult to organize and arrange at short notice.
    Hope this and other posts helps friend;);)



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