anilnag
11-29 04:02 AM
Even though the effect of retrogression is expected to reduce from the current 8+ years, it is still going to hover around 5 years in 2012 (assuming a weak economy and minimal filings).
This line isn't true anymore for EB3 India after correcting the typo in dates. I believe this can be deleted because even in 2012 the wait time is 8+ years. With huge CP numbers (~20K) for EB3I, the wait time will surely increase further which is not factored in the report.
This line isn't true anymore for EB3 India after correcting the typo in dates. I believe this can be deleted because even in 2012 the wait time is 8+ years. With huge CP numbers (~20K) for EB3I, the wait time will surely increase further which is not factored in the report.
wallpaper map of european countries
Sachin_Stock
08-23 04:43 PM
My PERM was filed on 30th March, approved on Aug 11th, received approval copy on 18th Aug, and I-140 to be filed this week.
There was a lot of prep work involved before filing PERM in March. My employer agreed to start the process in Oct'09 and the lawyers started the ads in early Jan.
Yep, lots of work in there. I suppose, the maximum work is in this area.
There was a lot of prep work involved before filing PERM in March. My employer agreed to start the process in Oct'09 and the lawyers started the ads in early Jan.
Yep, lots of work in there. I suppose, the maximum work is in this area.
fromnaija
08-31 03:51 PM
Thank you! The reporter interviewed me for this story and I didn't even know it was published.
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
2011 Asian Countries
Libra
01-29 09:54 AM
bump
more...
Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
H4_losing_hope
02-21 12:38 PM
I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.
thanks for your efforts!
thanks for your efforts!
more...
seahawks
08-10 12:41 AM
I don't care about LS. Almost all cases I know are fraud. Sometimes 2 guys got GCs on same labor(since they were not asking Original LC). Thank god USCIS banned LS.
God Bless USCIS for banning LS.
As much I understand LS has let people jump in line, it was a provision that was available for people to seek green card legally. We in IV do not differentiate on members on what methods or case scenarios they use or have used to obtain a Green Card. We need all our energies to be focussed to support IV initiatives. We need to refrain from any language that introduces confusion or division within the community. Even though "freedom of speech" or opinions are encouraged, we absolutely cannot say anything we want and get away with it in a common forum, can we?:)
God Bless USCIS for banning LS.
As much I understand LS has let people jump in line, it was a provision that was available for people to seek green card legally. We in IV do not differentiate on members on what methods or case scenarios they use or have used to obtain a Green Card. We need all our energies to be focussed to support IV initiatives. We need to refrain from any language that introduces confusion or division within the community. Even though "freedom of speech" or opinions are encouraged, we absolutely cannot say anything we want and get away with it in a common forum, can we?:)
2010 Afirca Political Classroom Map
baba2s
11-25 04:07 PM
Thanks Pappu and IV
more...
sunny1000
02-27 07:22 PM
Yes it is just like someone asking labor sub to be allowed again in admin fixes so that they can get a sustitute labor and cut in line.
I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.
It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.
It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
hair Map
sats123
04-01 03:39 PM
I faxed to AZ senators
more...
Shirdibaba
11-04 06:59 PM
Thakyou Nrk,
what do u mean by preadjudicated?
I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
Hope all goes well.
U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.
Thnx again.SB
what do u mean by preadjudicated?
I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
Hope all goes well.
U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.
Thnx again.SB
hot World Map Placemat, Peters
jonty_11
01-31 12:52 PM
Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.
more...
house World Map With Countries
thankgod
05-12 01:29 PM
The Dream act is supposed to happen only in your dreams.... Keep Dreaming:eek:
Thats a good one. Completely accepting.
Thats a good one. Completely accepting.
tattoo map and State Capitals.
hopefulgc
08-10 01:38 AM
Please don't forget me or leave me behind
apr 2004
Hoping that USCIS will look at this thread...
That is how vain I am :)
apr 2004
Hoping that USCIS will look at this thread...
That is how vain I am :)
more...
pictures world map with countries and
shana04
02-13 02:08 PM
I understand so Many of us are looking at the Options of Using AC21.
I am currently looking for a Good Attorney for this.
I have contacted Sheela Murthy's Office and Rajiv Khanna's Office.
Both of them are very very expensive.
I am looking for an Attorney who charges under $1000 and also knows
about the Immigration Matters.
I would appreciate any pointers and suggestions in this regards.
Ellen Krengel - Good and reasonable (google for telephone)
Christine Troy, Attorney at Law - tel 415-399-9490 - Good and reasonable
Helen Konrad - Tel 804-775-3818 - good and reasonable
Kapoor & Associates - Phone: (404) 685-9940 - found reasonable, talk to them and finalize
K K Rastogi ESQ - Ph: 212-279-4403 - talk to him, I did not talk to him.
Andrew Dutton - 917-536-5940 - I did not get a chance to talk to him, but heard he is reasonable
Good luck
I am currently looking for a Good Attorney for this.
I have contacted Sheela Murthy's Office and Rajiv Khanna's Office.
Both of them are very very expensive.
I am looking for an Attorney who charges under $1000 and also knows
about the Immigration Matters.
I would appreciate any pointers and suggestions in this regards.
Ellen Krengel - Good and reasonable (google for telephone)
Christine Troy, Attorney at Law - tel 415-399-9490 - Good and reasonable
Helen Konrad - Tel 804-775-3818 - good and reasonable
Kapoor & Associates - Phone: (404) 685-9940 - found reasonable, talk to them and finalize
K K Rastogi ESQ - Ph: 212-279-4403 - talk to him, I did not talk to him.
Andrew Dutton - 917-536-5940 - I did not get a chance to talk to him, but heard he is reasonable
Good luck
dresses world map with countries and
jsb
01-14 11:01 AM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
more...
makeup USA Political Map
GCVivek
01-28 05:38 PM
Why is everyone blaming just the Chinese University for trying to circumvent the immigration system? It says 95% of the students were from Andhra Pradesh. These are the people who are causing delays in reforms and we pay the price by being stuck in the hole. The founders and all these students should be deported and banned from entering the US for life.
girlfriend girlfriend world map countries
tuhin
08-23 05:04 PM
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
hairstyles Map Of The World
mrajatish
12-28 08:54 PM
This is a pretty serious issue and needs to be looked at carefully - it could mean a significant difference to wait times for Indians and Chinese in EB2 category.
I will speak with my attorneys and try to find out more.
I will speak with my attorneys and try to find out more.
dc2007
08-23 03:42 PM
GOD Bless you !
PS: There is no need to be so prominent. We hear you.
PS: There is no need to be so prominent. We hear you.
jgh_res
08-10 01:55 PM
u wud have reported a LS guy to USCIS??????
I think USCIS or DOL is the one which approves cases based on LS. They have a big database of people who used that....
How many of the ppl who r disgusted by LS have contributed anything to IV or its cause, but are very happy to file their 485. Dude, nobody is a Mahatma Gandhi here....
I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.:mad:
I think USCIS or DOL is the one which approves cases based on LS. They have a big database of people who used that....
How many of the ppl who r disgusted by LS have contributed anything to IV or its cause, but are very happy to file their 485. Dude, nobody is a Mahatma Gandhi here....
I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.:mad:
0 comments:
Post a Comment