Berkeleybee
04-10 08:51 PM
Bee:
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.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
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.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
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mdforgc
02-21 05:01 AM
I wonder if this person who did all this posting without reading what is posted on the site and wasted the valuable time of IV volunteers from an anti immigration group? Please do not get distracteed guys and all those people sitting ont he edge, join in and act!!
rustamehind
08-10 10:23 AM
well you guys are the kings of jumping ahead of the line using labor substitution...how can any of us be knowledgable on the subject...contact unitednations or ppl like him who "help" the skirters of the law.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
Well said yabadaba , the fact is that Desi Consulting companies have used labour sub as a carot for so long , some to the extent of selling it.And there were people who were always interested too.Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.
A mistake on USCIS part too , why they allowed this malpractice for so long , even now when they have stopped it , quite a damage is already done.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
Well said yabadaba , the fact is that Desi Consulting companies have used labour sub as a carot for so long , some to the extent of selling it.And there were people who were always interested too.Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.
A mistake on USCIS part too , why they allowed this malpractice for so long , even now when they have stopped it , quite a damage is already done.
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GCwaitforever
02-21 04:09 PM
Mercies,
We appreciate ur apprehension, but please do not sow unnecessary seeds of doubt. As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
:D This is so true of Desis. Atleast the illegals have the guts to openly conduct a rally.
We appreciate ur apprehension, but please do not sow unnecessary seeds of doubt. As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
:D This is so true of Desis. Atleast the illegals have the guts to openly conduct a rally.
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arunmohan
12-20 01:04 PM
Does this new rule allow H4 to work?
GCHPLC
11-29 07:52 PM
From ILW:
FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
I'm wondering where did you get this information?
FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
I'm wondering where did you get this information?
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ivgclive
12-21 12:43 PM
I think we need an IV movement to fix the Indian Consulates - They are absolutely pathetic - Lets get our house in order before we try to fix the USCIS !!! Does anybody know what is the email address for Meera Shankar - Indian Ambassador to US. We need to bombard her with emails about how badly the Indian consulates in the US are run.
You can "bombard" only when there is any space or they care about space.
Try every consulate/embassy's phone numbers, you can't even leave a VOICE MESSAGE.
You send an email to the email addresses, even your 5th generation great grandson won't get a reply.
You can "bombard" only when there is any space or they care about space.
Try every consulate/embassy's phone numbers, you can't even leave a VOICE MESSAGE.
You send an email to the email addresses, even your 5th generation great grandson won't get a reply.
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485Mbe4001
12-13 06:00 PM
i agree...you bet i would accept substituted labor, heck i would even bid for one if it it was legal to do so. to each his own, i would do anything to get out of the hell hole legally...talk to your lawyer and go for it, it will save you a lots of time and headache. Make sure its all legal and the documentation is in order. there is nothing to hush up, thousands have done this and are doing it. People like me will feel bad and jump up and down, simply because we did not get that chance to do the same..good luck.
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
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sintax321
02-04 12:46 PM
i went with eilsoe. Nice detail;)
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CHRAMA
04-14 02:44 PM
My I-140 was denied incorrectly , as a result my I-485 was denied.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
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MLS
06-26 05:19 PM
Thank you very much !
visit your senator's website. Look for links for "casework". Look for contact person for immigration. Call your senator's office at that number. Explain your problem. They will ask you to write a letter giving your case information and requesting them to find out the status. Some senator offices may require you to fill some form in a format pertinent to them with the intention of giving the senator's office permission to inquire on your behalf and to give access to your personal information.
Once they have letter from you they will contact USCIS on your behalf. They will tell you by when they will hear back from USCIS. Make sure you do not call them repeatedly, call them when they ask you to call them or call them after a reasonable amount of time i.e. 2 weeks.
visit your senator's website. Look for links for "casework". Look for contact person for immigration. Call your senator's office at that number. Explain your problem. They will ask you to write a letter giving your case information and requesting them to find out the status. Some senator offices may require you to fill some form in a format pertinent to them with the intention of giving the senator's office permission to inquire on your behalf and to give access to your personal information.
Once they have letter from you they will contact USCIS on your behalf. They will tell you by when they will hear back from USCIS. Make sure you do not call them repeatedly, call them when they ask you to call them or call them after a reasonable amount of time i.e. 2 weeks.
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doggy
07-21 07:19 PM
Hi,
If you check the bright future jobs website, you will not find any reference to such a "Call".
Beware, calling the number might expose your phone number, and you might become a victim.
Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.
I hope the deranged person who originally posted the message can receive help soon.
BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.
:-). Good try. Well, anybody can hide their number using the *67 !!
Ask Donna. It went on her Bright Future Jobs email list, not on the site. It's supposed to be a secret call of the Antis.
I have been fighting the Anti-immigrant propaganda for a long time, okay? Just because I created a new nym to hide my actual identity doesn't mean what I post is untrue.
Of course, unless you are trying to divert people. :-). You took all the trouble of creating a new ID to denounce this? Surprising.
By the way, folks. The number is not a private number. I did a google search on the number, and looks like it's used by a lot of people for hosting conference calls. Probably some kind of service.
http://www.google.com/search?q=(219)+509-8111
See you there.
If you check the bright future jobs website, you will not find any reference to such a "Call".
Beware, calling the number might expose your phone number, and you might become a victim.
Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.
I hope the deranged person who originally posted the message can receive help soon.
BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.
:-). Good try. Well, anybody can hide their number using the *67 !!
Ask Donna. It went on her Bright Future Jobs email list, not on the site. It's supposed to be a secret call of the Antis.
I have been fighting the Anti-immigrant propaganda for a long time, okay? Just because I created a new nym to hide my actual identity doesn't mean what I post is untrue.
Of course, unless you are trying to divert people. :-). You took all the trouble of creating a new ID to denounce this? Surprising.
By the way, folks. The number is not a private number. I did a google search on the number, and looks like it's used by a lot of people for hosting conference calls. Probably some kind of service.
http://www.google.com/search?q=(219)+509-8111
See you there.
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coloniel60
08-14 07:58 AM
Yes, there is no point in re-filing,rather it will create confusion. I spoke to USCIS ,at this point the fedex receipt no. is good enough ,to prve that your application reached service center,before 17th august . Now it makes sense to just wait for the receipt.
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
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mgmanoj
08-25 05:30 PM
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 ?
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sasidhar79
11-03 01:05 PM
President Obama is not just far left.
He is far too liberal(left) fiscally and far too conservative(right) socially.
What does that say ? No relief for us from him, we should look forward for someone else to help us.
He is far too liberal(left) fiscally and far too conservative(right) socially.
What does that say ? No relief for us from him, we should look forward for someone else to help us.
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gapala
04-16 04:10 PM
That is accurate I have done 10+2+1+3
So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.
So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.
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rkanth12
10-10 12:52 AM
Beware of companies that have office in Ameerpet, Hyderabad. Most of them are phony companies.
You are 200% true.
You are 200% true.
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aparnak
04-01 08:07 PM
Fax 11 sent
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akred
07-14 06:35 PM
it is not clear to me that this version allows legal kids to benefit
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
Siskind says it only benefits illegals. Read his comment on his blog at http://blogs.ilw.com/gregsiskind
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
Siskind says it only benefits illegals. Read his comment on his blog at http://blogs.ilw.com/gregsiskind
willIWill
11-02 03:33 PM
I dont think DOS will do any spillover, if by a miracle they do a quarterly spillover it can happen only in december, The whole idea of spillover is if there are any leftover visas they have to use it by the end of the year (i.e spetember 30) or if they do quarterly spillover as the law says then they have to do it by the end of the quarter i.e Dec 31, march 31, June 30.
If the eb2 does not move to atleast march 2005 then it means DOS is not doing quarterly spillover.
Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?
If the eb2 does not move to atleast march 2005 then it means DOS is not doing quarterly spillover.
Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?
vz2kl
12-21 11:20 AM
Houston Indian consulate is horrible. Just horrible. They are rude and totally anti-customer friendly. It is unbelieveable how rude they can be. I have tried to contact him numerous times in my last 10 yrs in US and never was I able to get a reply to my emails/faxes or phone calls. I had trouble when i was an indian citizen and had to renew my passport, had trouble when I had to get tourist visa, had trouble when i had to get my indian passport cancelled and trouble when i had to get some misc. services for my daughter. They keep changing rules (example they changed the way they give tourist visas to people of indian origin, they changed the rules and prices to even just surrender the passport).Everytime my only option was to drive all the way to Houston and be at the mercy of their rudeness. I do not see any point in External ministry of india helping because they are equally worse. It sad and dealing with beauracracy is just a part. The whole problem is that they are not accountable. I dont even know whom to complain for the fact that I cannot even get somebody on the phone and have to drive all the way to Houston just to get a minor question answered.
