vkrishn
11-21 11:14 PM
@Kaushal and digitial 2K. Please let me know what i can do. I am in the 16th district and her office is not too far from my place.
wallpaper 14th century clothing - a set on Flickr
Sheila Danzig
04-21 09:50 AM
I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.
I really am not able to understand your education pattern
10 = Std 10th
+2 = Std 12th I assume
+1 = Is this the commerce 1st year?
+3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.
My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.
Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program
I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.
I really am not able to understand your education pattern
10 = Std 10th
+2 = Std 12th I assume
+1 = Is this the commerce 1st year?
+3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.
My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.
Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program
I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.
saimrathi
07-10 08:35 AM
"Maybe" CNN is being directed by some political pressure from the Govt? This is my opinion.. :eek:
2011 A copper-alloy strap loop of probable late 13th to late 14th century AD date
ramus
05-29 05:25 PM
Its all valid if CIR doesn't become law in current form... To oppose this we need to send web-fax /send fund and invite our all friends..
Once you done with web-fax please update web-fax thread with your comment..
Thank you so much.
Sorry if this is a stupid question, I am a new member
My PD is 02/01/2005, my labour cert got approved in 03/01/2006,
I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007
Considering the scenario is my I140 invalid?
Once you done with web-fax please update web-fax thread with your comment..
Thank you so much.
Sorry if this is a stupid question, I am a new member
My PD is 02/01/2005, my labour cert got approved in 03/01/2006,
I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007
Considering the scenario is my I140 invalid?
more...
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.
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.
alterego
01-13 12:21 PM
I've sent in slightly modified letters(personalised) from myself and separately from my wife to both the Whitehouse and to IV.
I found the best way to modify the well written template is to just put a small personal introduction at the top. Who you are, what you do and perhaps that you are waiting patiently for X years.
If you have renewed your EAD multiple times, it might be worth mentioning that as well.
I found the best way to modify the well written template is to just put a small personal introduction at the top. Who you are, what you do and perhaps that you are waiting patiently for X years.
If you have renewed your EAD multiple times, it might be worth mentioning that as well.
more...
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.
2010 Clothing fastening
Munshi75
11-18 04:00 AM
hmmm, housing markets runs into sales of millions and millions of units, if people here are thinking of buying 100 homes each, yes! it will help increase the sales by .00002%
For Honda/ Toyota : They never lost their appeal , and don't tell me that you are driving a 2008 Corvett.
For Honda/ Toyota : They never lost their appeal , and don't tell me that you are driving a 2008 Corvett.
more...
stupendousman11
01-12 11:55 AM
Slight clarification to the new regulations:
Based on the "If they return from the USA after having used the visa" exemption, you don't need a transit visa for the USA-Germany-India leg. But for the return you'll either need an AP+transit visa OR a valid USA visa.
This exemption (and regulation) is the same as that for France. And I just traveled to India and back (in Dec2010) through Paris on expired USA visa and therefore know the above to be true (at least for France).
Based on the "If they return from the USA after having used the visa" exemption, you don't need a transit visa for the USA-Germany-India leg. But for the return you'll either need an AP+transit visa OR a valid USA visa.
This exemption (and regulation) is the same as that for France. And I just traveled to India and back (in Dec2010) through Paris on expired USA visa and therefore know the above to be true (at least for France).
hair Century Women S Clothing
regacct
07-07 08:19 AM
Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.
Immigration issues are handled by the Federal govt and Arizona is encroaching upon the Fed, and making laws - that is why the Obama govt is calling it unconstitutional.
Secondly, if you want the green card, you better support the feds. Reason, if other states keep passing laws such as AZ, even if nothing happens initially to the legal immigrants - it won't be long before you will be targeted.
Besides, which state law should the USCIS confer to? If your wait is long now, if you believe that USCIS is inefficient - just wait until all the states pass AZ laws..............
Immigration issues are handled by the Federal govt and Arizona is encroaching upon the Fed, and making laws - that is why the Obama govt is calling it unconstitutional.
Secondly, if you want the green card, you better support the feds. Reason, if other states keep passing laws such as AZ, even if nothing happens initially to the legal immigrants - it won't be long before you will be targeted.
Besides, which state law should the USCIS confer to? If your wait is long now, if you believe that USCIS is inefficient - just wait until all the states pass AZ laws..............
more...
Aah_GC
12-18 11:24 AM
Guys, Just wondering if I would need a copy of my Perm and I140 while invoking AC21. I do have a copy of the I140 but my desi employer would not support me in any way. Please let me know.
hot half of the 14th century).
pointlesswait
06-24 03:54 PM
Immigration has to happen this year.. else it will have to wait for ever..
there are no elections scheduled this year or late into next year.
To link unemployment with illegal immigration is a far stretch...
a.) what is the proof that illegals here are not already employed?
b.) Do illegals and citizens/legals compete for the same job? --> probably Not
It only means these faceless humans will get some rights and protection...
illegal immigration is one of the main source of flesh trade from eastern europe and latin america....
BUT the socio-economic impact this will have on US as a whole is a whole new topic...
If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
there are no elections scheduled this year or late into next year.
To link unemployment with illegal immigration is a far stretch...
a.) what is the proof that illegals here are not already employed?
b.) Do illegals and citizens/legals compete for the same job? --> probably Not
It only means these faceless humans will get some rights and protection...
illegal immigration is one of the main source of flesh trade from eastern europe and latin america....
BUT the socio-economic impact this will have on US as a whole is a whole new topic...
If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
more...
house the 14th century to rescue
waitingnwaiting
11-12 09:47 AM
Visa bulletin is coming today
As EB3 why do you even watch visa bulletins? It is only for EB2. EB3 have to wait 20 years.
As EB3 why do you even watch visa bulletins? It is only for EB2. EB3 have to wait 20 years.
tattoo 14th Century Female Brasses
abhisec
08-06 02:29 PM
I am not an expert in starting a poll - But I think it will help to take a headcount for /year PD basis.
Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.
Amen to that. See my sig.
Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.
Amen to that. See my sig.
more...
pictures Functions of Clothing
rksaigal
11-03 03:34 PM
My neighbor was asked to how many years he worked with the company who sponsored his green card. He mentioned he had worked for two years. This was when he was applying for citizenship.
Although there is no mention in law for a specific duration. As Pappu said, its a lawyer's interpretation. I have yet to see USCIS's interpretation, especially what is the criteria followed in the naturalization interview.
- Rakesh
Although there is no mention in law for a specific duration. As Pappu said, its a lawyer's interpretation. I have yet to see USCIS's interpretation, especially what is the criteria followed in the naturalization interview.
- Rakesh
dresses any 14th century costume .
buddyinus
08-01 12:53 PM
Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
more...
makeup Back in the 14th Century
lonedesi
04-01 05:39 PM
Please note that there are two webfaxes (10 & 11) to be sent...not just one.
girlfriend Our 14th century arming coat
sameet
11-04 03:21 PM
Coming soon..Rated R, for SCARY IMAGES....will make EVERYONE cry!!
Playing on a computer screen near you!!!.....
'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"
*Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.
Glad to see a good sense of humor :-)
Playing on a computer screen near you!!!.....
'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"
*Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.
Glad to see a good sense of humor :-)
hairstyles From the mid-14th century laws
ilwaiting
12-12 02:18 PM
hehe check this out. New EB category. With PD Sep'06.
Iraqi & Afghani Translators.
Very Funny.
Iraqi & Afghani Translators.
Very Funny.
lostinbeta
02-10 02:50 PM
Some people prefer to be anonymous I suppose.
Pineapple
01-03 10:36 PM
This does raise some valid questions... For instance, what about children from, say, a previous marriage? What about children when the couples are not married? Do the children qualify under FB visa?
I realize this has nothing to do with EB immigration, and that such cases are relatively uncommon. But still, if someone with expertise and experience can comment, it would add to the knowledge base, and who knows, someone might find it extremely useful.
I realize this has nothing to do with EB immigration, and that such cases are relatively uncommon. But still, if someone with expertise and experience can comment, it would add to the knowledge base, and who knows, someone might find it extremely useful.
No comments:
Post a Comment