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that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.

Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

BBC news article: http://news.bbc.co.uk/2/hi/business/6665913.stm

A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.

The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.

Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.

ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.

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.

I guess we have to request Greg Siskind to post it on his blog? Usually he is very good in doing that

Best Regards

Thanks friend. I do hope your prayers work for me. But I still find it strange that if someone has a pending I-485 through consular processing route, then he/she can't get a visitor visa no matter what? What if it is a medical crisis? Family reunion issues? This sure sucks. I will check with some lawyer on this.

And lastly what you detect as arrogance is my plain talking style. Did I make personal attack on anyone? no, right? Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?


I do respect your views and To me, life is little more "serious business and it deserves due respect than entertainment aspect of a game" :) I hope you would respect other's views on life too.

Is brightening the photos considered "retouching"?

Anything that get's you a RFE is bad..

I got it from CVS and they look good.

Ok some people think they are glorifed bodyshoppers while others think they are great service companies!

Since everyone got their point across - someone please close this thread

This situation is really bad. There are so many people who missed the deadline as their labor was stuck in BEC. USCIS should at least allow a one-time chance (like July 2nd) for such people to file 485. I was lucky to clear the labor stage earlier this year.

Ya...Atleast, they should allow us to file EAD. In that case my spouse can work. She did not get H1b this year(because of lottery system). She has PHD in CSE and sitting at home.

Just suck it up and go for it. It seems unfair but that is a fact of life. Think about what is 5K in 5-10 years time, once u get GC you and ur wife can get better paid jobs and make up for it.

I guess most of the folks here are busy preparing to apply for 485. I have different problem here.

My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.

Do I have any other options. How much do they charge usually.

What's is Frist's motive in trying to trip the McCain - Kennedy or Specter's Markup? What's his point?
Looks like in Congress, each senior senator is a leader of his own and don't tolerate or cannot see eye to eye on more serious work of fellow senators or congressman. The idea is to trip the whole effort to treat illegal immigrants as humans. In Frist and its ilk's opinion, they want the services of illegal (and legal) immigrants, but this great country doesn't want to give any benefits to the illegal aliens in return. It's is so farcical, only the feudal minded Frists' can do it. Many in this country want 'closure' for this and 'closure' for that, but they deny all relief to these illegal aliens. Our goal of relief from retrogression and to increase visa numbers is unfortunately tied to such 'comprehensive bills'.

I want users of this forum to think about it, ruminate on it and write letters to law makers, newspapers etc.

http://www.nytimes.com/2006/03/17/politics/17immig.html?_r=1&oref=login

As Senators Debate Immigration Bill, Frist Offers His Own

WASHINGTON, March 16 � Senator Bill Frist, the Republican leader, introduced a stringent border security bill on Thursday, rejecting pleas from senators in his own party who appealed for more time to ..

My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )

The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.

The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.

It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.

Sorry to hear about your case.

From what I have heard, you can apply for I485 till your case gets adjudicated. Your PD is Dec 2003. It will easily take 2 to 3 years to get approval. In that time, get your divorce papers, get married, bring your new wife in H4 and apply for her 485. I think you'll be good.

I am not sure what will happen to your ex. You may need to revoke her 485 application. not sure if you can just revoke hers or you need her to sign some application (which she may not be willing to).

Check with an attorney. They should be able give you the best advice.


I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

My wife has her own H1b valid till Dec 2008.

We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

My wife has mentioned that she will be applying for Divorce in USA.

Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.

Thanks for informative posts. and Thanks specifically for addressing the wages question.
Another Quebec/Ontirio question.
Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
Thank you


Quebec is a poorer province than Ontario, but Montreal is fantastic. If you are after a European flair, then this is the spot for you. There are "english areas" (like Beaconsfield) to live in, that I would recommend if you don't speak french.

VS Ontario: Housing is more affordable, wages may (?) be a pinch lower, taxes are higher.

Canadian educational system is different than the US. You don't need to look for a neighbourhood with a good school. However, a good neighbourhood is better for your family.

Good Luck

Great News for EB3 INDIA. Moved 2 weeks and most imp crossed April 30 barrier.

My case
PD > DEC, 29, 2004
I140 Approval: march 26, 2008,
I485 Receive date : Aug 7 ,2007
I485 Notice date : Sept 15 ,2007
Status: Pending :
Service Center: NSC

Taken Infopass appointment August21 , Let see what updates i will be getting from them

Akhil, can you PM the copy of the letter you sent in with your AP renewal (efile). Also what did you enter in Class of admission? how much fee did you have to pay - 305 or 385?

Thanks in advance
perm

Thanks Harsh..

you think it is safer to submit the last 2/3 paystubs while on H1 earlier along with the other documents we submit while filing for H1, or not even submit them.. I know the officer is at full liberty to ask whatever document he fancies at that moment and my stars at that time..

Do you think they will ask for the W2's while on H1 period..?

others too, pls share your thoughts.


I would follow the advise of your immigration attorney on this one. Sometimes they ask for pay stubs, sometimes they do not. So I would follow what your attorney advises on you. Normally USCIS will not ask for W2's. However an embassy will, when you go for stamping. They will ask for W2 and your tax returns to verify if you got paid whatever is written on your application as your salary.

BharatPremi, I PMed you. Check my message.

Thanks Buddy. I am waiting for my lawyer's response on this. I will share his opinion here on this board and I request others to do the same.

Voted.

I cannot believe that out of the thousands who are affected, only 155 so far have taken a step to scream for help by writing this letter. Guys, C'mon, we can do better than that.

I have an analogy for those of us who work in IT. If a user contacts us with an issue in the software application, we look at it and go.....I'll work on it when I get a chance. The issue gets dumped in the back burner and may or may not get resolved. On the other hand, if all of a sudden, several 100 users start complaining about an issue, we roll up our sleeves and start working on a fix right away. I should say, this applies not just to IT, but every other area. Unless, you make them aware of the problem, there is going to be NO resolution.

Is this just for India?