pitha
02-14 06:22 PM
You mean to say CIR will be introduced to the immigration or judiciary senate committee or introduce directly to the senate. If it is introduced directly to the senate floor that will save a lot of time, on the flip side it will become difficult to add or change provisions if it is directly introduced to the senate bypassing the senate judiciary and immigration committee
I called Senator Ed Kennedy's office and was told that CIR is likely to be introduced in early March something like first week. They of course told me that there are no guarantees, but more a reasonable probability.
I called Senator Ed Kennedy's office and was told that CIR is likely to be introduced in early March something like first week. They of course told me that there are no guarantees, but more a reasonable probability.
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jung.lee
03-03 02:07 PM
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
guyfromsg
09-20 07:13 PM
I also met several American citizens who were passing by and were curious about the rally. Me and JazzbytheBay explained and they listened patiently. One hour later I saw them marching with us holding flowers that some of our volunteers were distributing to passer bys. One gentleman was a school teacher.
IV needs grassroot support from half a million people stuck in various stages of green card process. You can be from any country. We welcome and invite members from all countries and communities to join our efforts.
Additionally, one of our best friends can be American citizen who understand the issue from economic, personal and other perspectives. If they become part of our voice we will become more effective.
Each one of us has to become "IV brand ambassador" and present our issue in right perspective to counter so much misinformation floated by some vested interests. Yes, you can do it. We can facilitate.
http://picasaweb.google.com/kannansm/ImmigartionVoiceDCRally18Sep07/photo#5111764333601260802
The guy in black shirt/pant is he a IV member? Next to him is definitely an american Kid. If they indeed are american citizens that listened to our cause and joined the rally, hats off to them.
IV needs grassroot support from half a million people stuck in various stages of green card process. You can be from any country. We welcome and invite members from all countries and communities to join our efforts.
Additionally, one of our best friends can be American citizen who understand the issue from economic, personal and other perspectives. If they become part of our voice we will become more effective.
Each one of us has to become "IV brand ambassador" and present our issue in right perspective to counter so much misinformation floated by some vested interests. Yes, you can do it. We can facilitate.
http://picasaweb.google.com/kannansm/ImmigartionVoiceDCRally18Sep07/photo#5111764333601260802
The guy in black shirt/pant is he a IV member? Next to him is definitely an american Kid. If they indeed are american citizens that listened to our cause and joined the rally, hats off to them.
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jediknight
09-23 08:58 AM
From a Constitution standpoint, Obama believes the Congress should pass the law and his executive branch will implement it.
Unfortunately, thanks to the filibuster, the senate is broken and nothing important has gotten passed. The Health care bill was watered down to make it almost useless.
He seems to forget that he also has a role of a leader to move the country in the right direction even if it may be unpopular.
There are issues that have over 60% support (eg. Don't ask Don't tell, Legal immigration issues, Energy tax credit, etc.) that he can support via executive orders but refuses to do so from a standpoint of the Constitution.
So, we are at
the Left are frustrated because he has abandoned their core issues
the Independents are frustrated because of the Job market and benefits from Health care won't kick in till 2012, etc.
the very small moderate right does not like him because of differences in policies
the rest of extreme right hates him since they think he was born in Kenya or black guy should not be the president.
It will be interesting to see what this election changes :)
- JK
Unfortunately, thanks to the filibuster, the senate is broken and nothing important has gotten passed. The Health care bill was watered down to make it almost useless.
He seems to forget that he also has a role of a leader to move the country in the right direction even if it may be unpopular.
There are issues that have over 60% support (eg. Don't ask Don't tell, Legal immigration issues, Energy tax credit, etc.) that he can support via executive orders but refuses to do so from a standpoint of the Constitution.
So, we are at
the Left are frustrated because he has abandoned their core issues
the Independents are frustrated because of the Job market and benefits from Health care won't kick in till 2012, etc.
the very small moderate right does not like him because of differences in policies
the rest of extreme right hates him since they think he was born in Kenya or black guy should not be the president.
It will be interesting to see what this election changes :)
- JK
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gaz
03-16 01:59 PM
Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.
stupid comments considering one could say the same about IV if looking at it from the perspective of some of the posts here.
If you have nothing nice to say, maybe saying nothing may be the nicest thing. Sometimes links like this are actually very useful - especially to people coming here for the first time (or first few times)
stupid comments considering one could say the same about IV if looking at it from the perspective of some of the posts here.
If you have nothing nice to say, maybe saying nothing may be the nicest thing. Sometimes links like this are actually very useful - especially to people coming here for the first time (or first few times)
nivasch
02-28 02:27 PM
Great work guys. keep it up.
thx,
Nivas
thx,
Nivas
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ras
03-16 02:19 PM
Employees should be particularly wary of having their adjustment applications handled by the employer�s attorneys. If there is a dispute between the employer and employee, as when the employee terminates employment and moves on, there is an inherent conflict of interest. The attorney may continue to represent both side, but only if the conflict is disclosed and explained, and both sides explicitly consent to waive the conflict.
Similarly, the employer�s attorney must provide the employee with complete copies of everything filed in connection with the employee�s application for adjustment of status. This application is personal to the employee and has nothing to do with the employer. If the employer�s attorney files the employee�s adjustment application, he or she is acting on behalf of the employee and owes the employee a fiduciary duty of loyalty. If the CIS issues a request for evidence (RFE) or notice of intent to deny (NOID), the attorney must act in the best interests of the employee if he or she undertakes to respond.
Unfortunately, many employer attorneys see their first loyalty to the employer and not to the employee. If you are uncomfortable having your employer�s attorney represent you, you have the right to change lawyers and retain someone on your own.
Similarly, the employer�s attorney must provide the employee with complete copies of everything filed in connection with the employee�s application for adjustment of status. This application is personal to the employee and has nothing to do with the employer. If the employer�s attorney files the employee�s adjustment application, he or she is acting on behalf of the employee and owes the employee a fiduciary duty of loyalty. If the CIS issues a request for evidence (RFE) or notice of intent to deny (NOID), the attorney must act in the best interests of the employee if he or she undertakes to respond.
Unfortunately, many employer attorneys see their first loyalty to the employer and not to the employee. If you are uncomfortable having your employer�s attorney represent you, you have the right to change lawyers and retain someone on your own.
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manderson
03-27 01:03 PM
:eek: Source: Immigration-law,
Senator Durbin apparently going after Desi employers and Desi Outsourcing companies !
03/27/2007: Continuing Confusion in Immigration Reform Legislation
It is only one week that the immigrant community was elated by the introduction of a fantastic immigration reform bill (STRIVE) by Congressman Gutierrez in the House, but on the Senate side, there is a mess that is continously developing. We reported earlier that the two bipartisan leaders of Senator McCain and Senator Kennedy reportedly rifted their partnership. Now, another Senator is about to add confusion to this mess. News report indicates that Senator Durbin of Illinois may introduce within this week a legislation to put a block on the H-1B abuse and restrict the H-1B worker petitions. This move is totally shocking considering the fact that a rosy H-1B reform was just introduced as part of the STRIVE Act of 2007.
Reportedly, Senator Durbin will propose to make it mandatory that the employers engage in the recruitment of U.S. workers prior to filing a H-1B petition and file sworn statement in the form of attestation that they failed to locate a qualified U.S. worker as part of the H-1B petition. Currently, such attestation is mandated for the so-called H-1B dependent employers only. Additionally, the proposal reportedly would mandate the DOL's annual audit of the employers hiring 100 or more employees out of which 15% constitutes H-1B employees. Once such proposal is enacted, there will be substantial changes in the flow of foreign professional workers. At this time, H-1B visas lay a stepping stone for foreign professional workers to land in this country and to apply for permanent residence.
The late news that the FY 2008 H-1B cap may reach in one day on April 2, 2008 indeed raised a concern in the country as it can be taken as a pervasive abuse of this visa petitions by some employers. Part of the current clog in the employment-based immigrant visas for professional workers is arguably associated with the abuse of these visa petitions. Please stay tuned to this website for the development of this important news.
Senator Durbin apparently going after Desi employers and Desi Outsourcing companies !
03/27/2007: Continuing Confusion in Immigration Reform Legislation
It is only one week that the immigrant community was elated by the introduction of a fantastic immigration reform bill (STRIVE) by Congressman Gutierrez in the House, but on the Senate side, there is a mess that is continously developing. We reported earlier that the two bipartisan leaders of Senator McCain and Senator Kennedy reportedly rifted their partnership. Now, another Senator is about to add confusion to this mess. News report indicates that Senator Durbin of Illinois may introduce within this week a legislation to put a block on the H-1B abuse and restrict the H-1B worker petitions. This move is totally shocking considering the fact that a rosy H-1B reform was just introduced as part of the STRIVE Act of 2007.
Reportedly, Senator Durbin will propose to make it mandatory that the employers engage in the recruitment of U.S. workers prior to filing a H-1B petition and file sworn statement in the form of attestation that they failed to locate a qualified U.S. worker as part of the H-1B petition. Currently, such attestation is mandated for the so-called H-1B dependent employers only. Additionally, the proposal reportedly would mandate the DOL's annual audit of the employers hiring 100 or more employees out of which 15% constitutes H-1B employees. Once such proposal is enacted, there will be substantial changes in the flow of foreign professional workers. At this time, H-1B visas lay a stepping stone for foreign professional workers to land in this country and to apply for permanent residence.
The late news that the FY 2008 H-1B cap may reach in one day on April 2, 2008 indeed raised a concern in the country as it can be taken as a pervasive abuse of this visa petitions by some employers. Part of the current clog in the employment-based immigrant visas for professional workers is arguably associated with the abuse of these visa petitions. Please stay tuned to this website for the development of this important news.
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rustamehind
07-15 12:01 PM
Lou Dobbs is a xenophobiac and doesn't listen no matter what argument you put in front of him.He is single mindedly focussed on opposing immigrants , be it legal or illegal.He just wants to project himself as a champion for the causes of American middle class, totally ignoring the contribution immigrants have made to build this country.Let that bugger speak , we will also protest & put our point of view in the right way & at the right forum.
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bkam
04-13 07:47 PM
I have roots in two countries in different part of the world and I will make sure that the mess with the US legal immigration is well explained and "advertised" there. Young people in these countries should know what is going on here and should thing before deciding to go the US. Even if they still decide to come here, they would be better informed and prepared. At least they should know that their social status as "legals" would be lover that the one of the illegal Mexican illiterate lettuce pickers (the latter would have more rights in terms of obtaining permanent residency)
I never demanded permanent residence in the US as my right. But I have the right to have my LCA adjudicated in a reasonable time (months, not years) by the US administration. Months, not years! I am here legally, I work hard for this country, pay honestly my taxes and I am entitled to get a quick reply to my application. If it is rejected, OK! Fair enough, I will look for other opportunities.
I believe that the IV as a face of the "legals" have to put this issue before the lawmakers and the media and to demand for its resolution. Yes, to demand - this is not too much to ask. And if the US administration is still unwilling or incapable to resolve at least this problem, than I would ask myself what I am doing in such "great" country :-)
By the way, creating of these "BEC"s is not a resolution of the backlog problem, just another cover up of the DOL's impotency.
I never demanded permanent residence in the US as my right. But I have the right to have my LCA adjudicated in a reasonable time (months, not years) by the US administration. Months, not years! I am here legally, I work hard for this country, pay honestly my taxes and I am entitled to get a quick reply to my application. If it is rejected, OK! Fair enough, I will look for other opportunities.
I believe that the IV as a face of the "legals" have to put this issue before the lawmakers and the media and to demand for its resolution. Yes, to demand - this is not too much to ask. And if the US administration is still unwilling or incapable to resolve at least this problem, than I would ask myself what I am doing in such "great" country :-)
By the way, creating of these "BEC"s is not a resolution of the backlog problem, just another cover up of the DOL's impotency.
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sixburgh
08-04 09:24 PM
And did you also hand submitted $19 demand draft for the difference in new and old fee (assuming you filed $131 visa fee before June 4th)?
If yes, then were there any concerns regarding that? Please share.
The company I work for in USA has a India Office.
That office paid the exact NEW fees through HDFC.
They then couriered the HDFC receipts to my home in India.
I arrived in my city.
Went to VFS office, submitted the required doc's.
They created the courier package which is used to send the passport back.
After few days I went to the US consulate as per my scheduled appointment.
I use the VFS lounge service which helps because I had luggage etc.
It was quite a smooth process in Mumbai, except that it took 2 hours of waiting.
My 9:30 appt actually happened at 11:45.....
But yes, there were many many people who had demand draft's in their hand, either of full fees or the difference.....
If yes, then were there any concerns regarding that? Please share.
The company I work for in USA has a India Office.
That office paid the exact NEW fees through HDFC.
They then couriered the HDFC receipts to my home in India.
I arrived in my city.
Went to VFS office, submitted the required doc's.
They created the courier package which is used to send the passport back.
After few days I went to the US consulate as per my scheduled appointment.
I use the VFS lounge service which helps because I had luggage etc.
It was quite a smooth process in Mumbai, except that it took 2 hours of waiting.
My 9:30 appt actually happened at 11:45.....
But yes, there were many many people who had demand draft's in their hand, either of full fees or the difference.....
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pkd666
02-14 11:20 AM
I had the same problem with my desi employer about a couple of years ago. Tell him that you are going to call the IRS if he does not correct the W2. then go ahead and call the IRS. they will send him a letter, most often than not it should take care of things, otherwise the IRS will investigate the employer.
I hope you have the Pay stubs to prove your claim.
I hope you have the Pay stubs to prove your claim.
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ravi98
09-23 09:43 AM
There are so many things that needs fixing that there is always some group that is dissatisfied with the administration.
Second, even after having taught constitutional law and sticking by the constitution, he is charged with violating the constitution! And movements like "taking back our country" rallies are held - taking the country back from whom? taking the country back to which century? He has to even circumvent appointing people to head agencies to avoid republican stonewalling!
Third, if Obama's popularity was high, one can accuse him of trying to do nothing to keep his approval ratings up. But that is not the case. His approval ratings are low..
By saying this, I am not saying that he has done everything right. But we need to know the ground realities instead of coming up with statements like he is not doing anything for us. He is stonewalled everywhere on every issue! For us to bring our issues to the forefront, as some one suggested, we need to get the media to understand our problems and ask the right questions. It all boils down to us being active!!
Second, even after having taught constitutional law and sticking by the constitution, he is charged with violating the constitution! And movements like "taking back our country" rallies are held - taking the country back from whom? taking the country back to which century? He has to even circumvent appointing people to head agencies to avoid republican stonewalling!
Third, if Obama's popularity was high, one can accuse him of trying to do nothing to keep his approval ratings up. But that is not the case. His approval ratings are low..
By saying this, I am not saying that he has done everything right. But we need to know the ground realities instead of coming up with statements like he is not doing anything for us. He is stonewalled everywhere on every issue! For us to bring our issues to the forefront, as some one suggested, we need to get the media to understand our problems and ask the right questions. It all boils down to us being active!!
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panky72
05-22 04:54 PM
per my lawyer you can come back from EAD to H1 by filing a new H1 petition (if its past 6 years on H1, then you need some basis like approved I-140 or old LC). You will need to leave the US and return to activate the H1. So thats always an option if you jump to EAD.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
When I talked to my lawyer few months ago he said the same thing.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
When I talked to my lawyer few months ago he said the same thing.
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dewdrop
07-20 09:42 AM
Thanks brb2 for picking up on my concern.I was afraid,not a single person would reply.This problem is going to be as bad as the BEC one if nothing gets done about it.Its so unfair and there are soooooooooo many people stuck at that stage with no hope of even knowing their status,until its actually approved or denied.Cant even imagine how frustrating that is going to be.Yet somehow not many seem worried about it.Even though i am not at that stage yet,its painful to see my friends go through it.They have resigned themselves to wait endlessly.If we can fight against the unfairness of the july flip flop,we can surely do something about this.I am sure core group has this in mind but it'll help if all members show the same anxiety!!Maybe we can bring this up along with the SKILL bill.Maybe the FBI needs more funds or manpower,watever it is,let them ask for it and get it,instead of stuffing us all into this bottomless pit!!
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sixburgh
08-05 02:40 PM
I spoke to our immigration lawyer today.
He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
He advised that I enter on h1 even if I have the AP.
He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
He advised that I enter on h1 even if I have the AP.
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singhsa3
04-27 02:51 PM
Good resources on the Interim Policy
http://www.shusterman.com/pdf/ailf-ead.pdf
See page 3
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
Another one
http://www.murthy.com/news/n_eadpbl.html
http://www.shusterman.com/pdf/ailf-ead.pdf
See page 3
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
Another one
http://www.murthy.com/news/n_eadpbl.html
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guy03062
04-04 08:46 AM
for your continued great sacrification, dedication and hard work to resolve employment based immigration issue. We are with you...please keep it up!! :)
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NKR
11-07 03:54 PM
Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
However, having an official AC21 process would be good.
I think so too, the employer wants to scr** us while we are with him, but he doesn�t care a rats a** if we are not with him even if we have worked for him for years. The employer has to show ability to pay since GC is for future employment, so he simply revokes 140 to get rid of this burden. The whole system has flaws and Indian EB immigrants are the worst affected.
However, having an official AC21 process would be good.
I think so too, the employer wants to scr** us while we are with him, but he doesn�t care a rats a** if we are not with him even if we have worked for him for years. The employer has to show ability to pay since GC is for future employment, so he simply revokes 140 to get rid of this burden. The whole system has flaws and Indian EB immigrants are the worst affected.
pitha
01-27 09:10 AM
There is no gross misconception at all. IV core has gone out of its way on many many ocasions to explain that 485 measure is only short term tactical decision since they cannot do much currently with appropriations bill. Do you really think that the people who are opposing the 485 measure are so dumb that they can't even understand simple english. They do understand that this a short term tactical decision and the focus is on solving retrogression either with CIR SKIL and other bills as and when the oportunity arises.
The 485 issue is raked up over and over again because the overwhelming majority of people who are opposing 485 measure have already applied for 485 and dont want other to apply for it. I will not go into deatils explaining how it will not affect them and so on because this was discussed in detail in the long 485 measure thread.
I hope IV does push for the 485 measure but if for whatever reason they change there mind and dont push for 485, I would be disappointed but that will in no way affect my attitude towards IV. Over the past year or so I have seen enough of core tem to say they take a decision in the best intrest of IV.
there is a gross misconception that iv is focusing "only" on 485 filing. and repeating is ad libidum is not helping.
the 485 measure is a short term tactical decision.it was taken after it became clear that nothing else could be added to an appropriation bill currently.remember that the attitude of the majority is to have a comprehensive bill ONLY.
certain members took to angrily denouncing the whole idea leading to a great deal of unpleasantness, of course the fault was on both sides as no tolerance for the opposing opinion was shown. it's sad though that some of these people now bad mouth iv on other forums.
as long as we insist on bickering and being divided, we will never succeed
let's just stop now, if that's all everyone wants to do on a daily basis. we can all stew in our own sweet juices for the next 20 years...WAITING.
The 485 issue is raked up over and over again because the overwhelming majority of people who are opposing 485 measure have already applied for 485 and dont want other to apply for it. I will not go into deatils explaining how it will not affect them and so on because this was discussed in detail in the long 485 measure thread.
I hope IV does push for the 485 measure but if for whatever reason they change there mind and dont push for 485, I would be disappointed but that will in no way affect my attitude towards IV. Over the past year or so I have seen enough of core tem to say they take a decision in the best intrest of IV.
there is a gross misconception that iv is focusing "only" on 485 filing. and repeating is ad libidum is not helping.
the 485 measure is a short term tactical decision.it was taken after it became clear that nothing else could be added to an appropriation bill currently.remember that the attitude of the majority is to have a comprehensive bill ONLY.
certain members took to angrily denouncing the whole idea leading to a great deal of unpleasantness, of course the fault was on both sides as no tolerance for the opposing opinion was shown. it's sad though that some of these people now bad mouth iv on other forums.
as long as we insist on bickering and being divided, we will never succeed
let's just stop now, if that's all everyone wants to do on a daily basis. we can all stew in our own sweet juices for the next 20 years...WAITING.
skilledWorker
09-19 01:58 AM
Truly awesome.. 1500 is still a big number and I sincerely appreciate all the volunteers for spending countless hours organizing this rally.
Congrats once again to all the people who made it to the rally and participating in a historic event.
Go IV...
Congrats once again to all the people who made it to the rally and participating in a historic event.
Go IV...
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