bkarnik
04-10 08:29 PM
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
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Ram_C
11-09 05:16 PM
received FP notice for my wife today, I hope my FP notice will follow soon :)
RD:23rd July 07
ND:17th Sep 07
NSC-CSC-NSC transfer case
received Transfer notice for my wife, haven't received mine so far.
RD:23rd July 07
ND:17th Sep 07
NSC-CSC-NSC transfer case
received Transfer notice for my wife, haven't received mine so far.
deafTunes123
08-07 10:39 AM
I am not sure whether should I consider myself under EB2- Jan 2004 or EB3 Jan 2004. Because, I didn't get any confirmation of the case interfiled. Of course its just this week that lawyer that initiated the interfile.
EB-3 India Jan 2004
Interfile to EB2 initiation 08/06/2008
EB3 I-485 @ TSC
Received on July 02, 2007
Receipted on Sep 04, 2007.
EB-3 India Jan 2004
Interfile to EB2 initiation 08/06/2008
EB3 I-485 @ TSC
Received on July 02, 2007
Receipted on Sep 04, 2007.
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sanbaj
07-28 03:49 PM
:confused: I have
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
Yes, in my opinion, you can file with two I140s, especially, if you want to use category of one and PD of the other. You can find the PD for your 485 on your 485 RN and from that you can deduce that they are looking at EB3 or EB2 I140.
Waiting for Aug/08 and calling USCIS for opening a SR is the good way to ask them to work on your case.
Best of Luck.
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
Yes, in my opinion, you can file with two I140s, especially, if you want to use category of one and PD of the other. You can find the PD for your 485 on your 485 RN and from that you can deduce that they are looking at EB3 or EB2 I140.
Waiting for Aug/08 and calling USCIS for opening a SR is the good way to ask them to work on your case.
Best of Luck.
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pady
08-21 10:13 AM
Office of Inspector General, they investigate all Labor Frauds
saurav_4096
05-31 10:44 AM
Done
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johnamit
07-17 09:37 AM
A fix without AC-21 does not bring lot of relief for us, I hope they receive I-485 and allow us to use AC-21.
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YesGC_NoGC
12-12 01:24 PM
boreal
why not India ?
why not India ?
more...
sherlock01
09-22 12:58 PM
Got the CPO mail for my EAD. Awaiting spouse EAD.
EAD Applied: Aug 25th @ NSC E file
FP Completed: Sep 12th
CPO Email Rcvd: Sept 22nd.
I think I am very lucky to get the approval in just 27 days. My spouse needs it more than me though. Hope that gets approved soon.
EAD Applied: Aug 25th @ NSC E file
FP Completed: Sep 12th
CPO Email Rcvd: Sept 22nd.
I think I am very lucky to get the approval in just 27 days. My spouse needs it more than me though. Hope that gets approved soon.
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th5000th
11-30 06:55 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
What? too pessimistic or too optimistic?
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
What? too pessimistic or too optimistic?
more...
Honda
03-05 04:55 PM
I got Soft LUD on 02/10/2009. I dont know what's going on USCIS?
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singhsa3
01-04 10:41 AM
Though I sympathize with this guy but when I heard this story, I was laughing to my guts. His plight is really unique and probably he is better off not bringing any one of them here or better yet... Marry for the the third time here in the USA itself. :D:D
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Libra
07-06 05:15 PM
All -ve thinking and -ve posts guys one more victim is waiting for your stinking comments go ahead and enjoy by discouraging others
http://immigrationvoice.org/forum/showthread.php?t=6156
http://immigrationvoice.org/forum/showthread.php?t=6156
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lc1978
04-22 10:57 AM
Just wrote to white house and to my senator.
Thanks n appreciate for initiating.
Thanks n appreciate for initiating.
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veni001
09-07 10:13 AM
I have 14 years of education in india and 20 years of experience in IT - if my job requirement says bachelors equivalent + 10 years experience will it qualify me and job as EB2 ?
AS long as the requirements are standard across the board(industry) other wise DOL will request to prove the business necessity through audit. :o
AS long as the requirements are standard across the board(industry) other wise DOL will request to prove the business necessity through audit. :o
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bsbawa10
04-21 09:43 PM
Did some customization and sent my version.
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stucklabor
04-10 09:13 PM
I agree with bharnik..
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
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rajev_kk
08-10 09:45 AM
I understand what everybody says, but some people are honest and you have to believe. Can somebody who is knowledgeable on the subject, post a reply please?
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webm
10-26 10:15 PM
on Oct 23 mine and daughters GC were approved.
But not for wife. do i need to file service request for her or something?
Many Thanks to IV!
Congrats!!..
BTW,which service centre?
But not for wife. do i need to file service request for her or something?
Many Thanks to IV!
Congrats!!..
BTW,which service centre?
eb3retro
01-13 03:44 PM
Eb3Retro,
Did you drive car on High Way over the speed limit and got ticket.
And passer by drivers at Higher Speed than you. Can you point police for stopping you.
So don't tell that you are fine and everybody is fine.
What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.
Try to accept rules guys....
easyvishwak, there is a common disclaimer in any of the internet forums that you take the information with a pinch of salt. people post their experiences, whether to follow or not is totally your call. Next time, I wont be so polite when writing my response because you mentioned some unnecessary things in your response to my post. So, please do not aggrevate me. that was my experience, whether you want to take it or not, or, if others want to take it or not is totally upto them. same way, u dont speak for others. keep it to the point and dont do any personal attacks.
Did you drive car on High Way over the speed limit and got ticket.
And passer by drivers at Higher Speed than you. Can you point police for stopping you.
So don't tell that you are fine and everybody is fine.
What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.
Try to accept rules guys....
easyvishwak, there is a common disclaimer in any of the internet forums that you take the information with a pinch of salt. people post their experiences, whether to follow or not is totally your call. Next time, I wont be so polite when writing my response because you mentioned some unnecessary things in your response to my post. So, please do not aggrevate me. that was my experience, whether you want to take it or not, or, if others want to take it or not is totally upto them. same way, u dont speak for others. keep it to the point and dont do any personal attacks.
pani_6
01-06 04:17 AM
http://dallas.eknazar.com/Classifieds/product_desc.php?id=254085
;)
;)
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