gcgreen
08-11 06:26 PM
IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
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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.
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.
GCBy3000
04-02 11:01 AM
Sent Both faxes. Good work.I will register my spouse and will send two more.
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chanduv23
08-31 08:32 PM
I have now stopped getting phone calls from friends, when I call them they talk to me but divert the topic when I talk about the rally. Many of these people are in real tough situations facing layoffs etc.... but still just do not want to talk about it.
Immigrants are now turning out to be anti immigrants?
A human being can resist himself to such an extent that he starts fighting his own people who want to help him and blindly supports the opposition due to fear?
It all depends on where you come from and how you are raised. On one side we have people who can motivate themselves and can be pushed to any extent, at one stage they seem to start moving mountains - whereas we have these immigrants who have turned anti immigrant just due to excessive fear and anxiety.
Tri State members have been most disappointing. Very few self motivated members worked day and night and are getting tired, but not losing hope. Majority of members not coming forward at all.
Immigrants are now turning out to be anti immigrants?
A human being can resist himself to such an extent that he starts fighting his own people who want to help him and blindly supports the opposition due to fear?
It all depends on where you come from and how you are raised. On one side we have people who can motivate themselves and can be pushed to any extent, at one stage they seem to start moving mountains - whereas we have these immigrants who have turned anti immigrant just due to excessive fear and anxiety.
Tri State members have been most disappointing. Very few self motivated members worked day and night and are getting tired, but not losing hope. Majority of members not coming forward at all.
more...
DoggyStyle
07-21 11:28 PM
thank u for posting the conversation that I miss. that saves me few bucks. u have the nerve to dial in that other IVians don't
have. u r the hero. (dial-in-hero) :D:D:D:D:D:D:D:D:D
have. u r the hero. (dial-in-hero) :D:D:D:D:D:D:D:D:D
Kitiara
02-03 05:24 AM
:blush:
more...
Lasantha
06-19 02:19 PM
Get a approval notice for I-140 and file I-485 urself, if I-140 not approved then get the receipt number and file urself
But he still needs the Employer Verification Letter from his employer. :(
But he still needs the Employer Verification Letter from his employer. :(
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GCaspirations
09-19 12:35 PM
Have you guys received finger Printing notices as of yet? I have not received the finger prinitng notice.
Is this going to delay the processing?
Just worried because of all the transfers happenning.
Is this going to delay the processing?
Just worried because of all the transfers happenning.
more...
blacktongue
11-10 03:01 PM
waitingwaiting You can see current one. It is as good as new for EB3. There is no chance EB3 will current.
Employment- Based
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Employment- Based
All Chargeability Areas Except Those Listed
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Googler
02-21 01:26 PM
So now they want to revise that Q&A! ;)
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
more...
sbabunle
03-18 11:28 AM
Lawsuite may not work in all occasions. If visa's are not available how can USCIS approve a petition? The law say a VISA should be available in order to approve a GC.
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vin13
06-24 04:17 PM
From Washington Post:Senate Subcommittee Chair Lays Out Priorities for Immigration Reform - washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/06/24/AR2009062402244.html?hpid=moreheadlines)
Congress can pass a comprehensive overhaul of the nation's immigration laws as soon as this year if it prioritizes a crackdown on illegal immigration, including a new national identity card that will verify workers' eligibility, Sen. Charles E. Schumer (D-N.Y.) said today.
Speaking one day before President Obama is to host lawmakers from both parties at the White House to discuss prospects for an immigration bill, the head of the Senate's main immigration subcommittee laid out key legislative priorities, including requiring that an estimated 12 million illegal immigrants register with the government and "submit to a rigorous process to convert to legal status" or face immediate deportation.
Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics. He did not propose an expanded guest-worker program, a linchpin of overhaul efforts that failed in 2006 and 2007 under President George W. Bush.
In laying down a road map for legislation, Schumer set the groundwork for tomorrow's White House meeting, a long-awaited session that immigrant advocates and Latino leaders have demanded as proof that Obama will fulfill a campaign pledge to move forward on immigration legislation this year.
Schumer said he expects Obama to show his "unyielding commitment" toward the goal but demanded that advocates recognize that Democrats must show the American people they believe that "illegal immigration is wrong -- plain and simple."
"All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year," Schumer said. "I truly believe that [President Obama's] leadership will be the critical difference in getting us over the hump this time around."
However, Schumer added, "the American people will never accept immigration reform unless they truly believe their government is committed to ending future illegal immigration. . . . Advocates understand the need to embrace this principle during the current debate."
As examples, the New York Democrat -- who has taken the lead in the Senate immigration debate in the place of the ailing Sen. Edward M. Kennedy (D-Mass.), who is focusing on health-care legislation -- said the federal government must achieve "operational control" of the nation's borders within a year and develop new ways to enforce laws against hiring illegal immigrants.
Schumer's proposal for a national "biometric" identification system to verify work documents -- based on fingerprints, iris scans or digital photographs -- stems from a key weakness of past immigration overhaul efforts. A 1986 law required workers to fill out I-9 forms and present identification documents, but it lacked provisions to crack down on unscrupulous employers or job seekers with fake IDs, creating a booming fraudulent ID industry.
"I'm sure the civil liberties groups will object to some type of biometric card -- it will be something with all kinds of protections -- but we're going to have to do it. It's the only way to do it," Schumer said, referring to enforcing laws against hiring illegal immigrants.
Congress can pass a comprehensive overhaul of the nation's immigration laws as soon as this year if it prioritizes a crackdown on illegal immigration, including a new national identity card that will verify workers' eligibility, Sen. Charles E. Schumer (D-N.Y.) said today.
Speaking one day before President Obama is to host lawmakers from both parties at the White House to discuss prospects for an immigration bill, the head of the Senate's main immigration subcommittee laid out key legislative priorities, including requiring that an estimated 12 million illegal immigrants register with the government and "submit to a rigorous process to convert to legal status" or face immediate deportation.
Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics. He did not propose an expanded guest-worker program, a linchpin of overhaul efforts that failed in 2006 and 2007 under President George W. Bush.
In laying down a road map for legislation, Schumer set the groundwork for tomorrow's White House meeting, a long-awaited session that immigrant advocates and Latino leaders have demanded as proof that Obama will fulfill a campaign pledge to move forward on immigration legislation this year.
Schumer said he expects Obama to show his "unyielding commitment" toward the goal but demanded that advocates recognize that Democrats must show the American people they believe that "illegal immigration is wrong -- plain and simple."
"All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year," Schumer said. "I truly believe that [President Obama's] leadership will be the critical difference in getting us over the hump this time around."
However, Schumer added, "the American people will never accept immigration reform unless they truly believe their government is committed to ending future illegal immigration. . . . Advocates understand the need to embrace this principle during the current debate."
As examples, the New York Democrat -- who has taken the lead in the Senate immigration debate in the place of the ailing Sen. Edward M. Kennedy (D-Mass.), who is focusing on health-care legislation -- said the federal government must achieve "operational control" of the nation's borders within a year and develop new ways to enforce laws against hiring illegal immigrants.
Schumer's proposal for a national "biometric" identification system to verify work documents -- based on fingerprints, iris scans or digital photographs -- stems from a key weakness of past immigration overhaul efforts. A 1986 law required workers to fill out I-9 forms and present identification documents, but it lacked provisions to crack down on unscrupulous employers or job seekers with fake IDs, creating a booming fraudulent ID industry.
"I'm sure the civil liberties groups will object to some type of biometric card -- it will be something with all kinds of protections -- but we're going to have to do it. It's the only way to do it," Schumer said, referring to enforcing laws against hiring illegal immigrants.
more...
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forever
08-06 09:44 PM
They are processing cases based on I-140 approval date. It is clear now.
What is the analysis for this conclusion?
What is the analysis for this conclusion?
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JA1HIND
02-13 07:54 AM
thanks mhtanim....
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Another thing which you may want to keep a watch is on the dollar amount that your employer reported on W2 for FED & State... in my case my old employer filed & reported wrong dollar amount to IRS and paid less taxes then what normally supposed to be paid which was of course he did that on purpose anyway and I didn't realize until I went to H&R block to file my 2006 taxes...and happen to notice I was ending up to pay way too huge $$ amount in return to IRS
Thanks to H&R they made my options pretty simple (a) check with my previous employer to see if he can do adjustment e-filing to IRS and provide me with corrected W2 that shows correct $$ amount or we can proceed further with filing with what ever they have reported $$ to FED & State and in the H& R system they do have an option for a separate forms that can be filed along with your taxes which reports directly to IRS on the issue and IRS will take it from there becasuse for sure during adjudication of your filed taxes in IRS system there will be flag for someone to manually look into your filed case.
My useless desi employer not sure what was he thinking at that time of such plans & didn't expect me to go that far with new approach to IRS, had given him options as described above and guess what he did over night e-filing on adjustment & did over night courier to my home mailing address...
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Another thing which you may want to keep a watch is on the dollar amount that your employer reported on W2 for FED & State... in my case my old employer filed & reported wrong dollar amount to IRS and paid less taxes then what normally supposed to be paid which was of course he did that on purpose anyway and I didn't realize until I went to H&R block to file my 2006 taxes...and happen to notice I was ending up to pay way too huge $$ amount in return to IRS
Thanks to H&R they made my options pretty simple (a) check with my previous employer to see if he can do adjustment e-filing to IRS and provide me with corrected W2 that shows correct $$ amount or we can proceed further with filing with what ever they have reported $$ to FED & State and in the H& R system they do have an option for a separate forms that can be filed along with your taxes which reports directly to IRS on the issue and IRS will take it from there becasuse for sure during adjudication of your filed taxes in IRS system there will be flag for someone to manually look into your filed case.
My useless desi employer not sure what was he thinking at that time of such plans & didn't expect me to go that far with new approach to IRS, had given him options as described above and guess what he did over night e-filing on adjustment & did over night courier to my home mailing address...
more...
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sandy_anand
11-06 12:11 PM
Does anyone know when VB will be out this month?
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smuggymba
04-22 12:40 PM
If this "clothes" thing is used by the cops, the illegal immigrants will start wearing "legal types" clothes and then there will be chaos...ROFL.
Check this out: Brian Bilbray, GOP Rep., Claims Clothes Identify Illegal Immigrants (http://www.huffingtonpost.com/2010/04/22/brian-bilbray-gop-rep-cla_n_547710.html)
"trained professionals" can identify undocumented workers just by looking at their clothes......"They will look at the kind of dress you wear, there is different type of attire, there is different type of -- right down to the shoes, right down to the clothes," Bilbray replied.
How long before we are targeted based on this rationale (our traditional dresses are easily recognizable!!) ....... These policies will only spiral in the wrong direction, making every immigrant's life miserable - be it legal or illegal!!!
Check this out: Brian Bilbray, GOP Rep., Claims Clothes Identify Illegal Immigrants (http://www.huffingtonpost.com/2010/04/22/brian-bilbray-gop-rep-cla_n_547710.html)
"trained professionals" can identify undocumented workers just by looking at their clothes......"They will look at the kind of dress you wear, there is different type of attire, there is different type of -- right down to the shoes, right down to the clothes," Bilbray replied.
How long before we are targeted based on this rationale (our traditional dresses are easily recognizable!!) ....... These policies will only spiral in the wrong direction, making every immigrant's life miserable - be it legal or illegal!!!
more...
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dixie
12-04 05:12 PM
Why is this good news again?
One less "what if" to worry about with regards to retrogression and its consequences.
One less "what if" to worry about with regards to retrogression and its consequences.
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bklog_sufferer
04-01 05:20 PM
Fax sent...
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harsh
01-02 11:17 AM
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
It will be the same process as for every other H1B. It will take anywhere from 3 months to 6 months for regular processing. You have the option of opting for premium processing in which case it will take about 15 days. If you are going to be counted against the cap then you can not start working earlier than October 2007 as thats when the new cap period will start.
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
It will be the same process as for every other H1B. It will take anywhere from 3 months to 6 months for regular processing. You have the option of opting for premium processing in which case it will take about 15 days. If you are going to be counted against the cap then you can not start working earlier than October 2007 as thats when the new cap period will start.
pd2001_12
12-27 07:14 PM
my PD is april 2001
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
Thats too bad. Call your local congress man(either senate/house). I have seen people with relative success.
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
Thats too bad. Call your local congress man(either senate/house). I have seen people with relative success.
mundada
11-19 02:03 PM
Good idea.
