desi3933
03-04 11:24 AM
....
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
....
The answer could be
"I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]
Employment can ask for valid employment authorization, but not for kind of employment authorization.
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
[From the link]
The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
________________________
Not a legal advice.
US citizen of Indian origin
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
....
The answer could be
"I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]
Employment can ask for valid employment authorization, but not for kind of employment authorization.
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
[From the link]
The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
________________________
Not a legal advice.
US citizen of Indian origin
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RLNY122004
06-15 03:56 PM
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
ash27
07-15 11:36 PM
Do you guys see any issues if I-94 is expired but I-485 application is pending and the petitioner is working on EAD? Any thoughts will be appreciated. Thanks,
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namm80
01-10 08:43 PM
prout02: You mind sharing if you are in the Bay Area, CA or elsewhere? It seems to me there are 2 variables to this FP scheduling:
a) When USCIS receipts and begins processing (For Xfr applicants, this would apparently be the date when the new center receives the case).
b) Center where FP is to be scheduled. A more crowded place might mean longer waits.
Just a thought....
My attorney opened two SRs and nothing happened for two months. When I had given up all hope...there comes the FP notice for 1/3/08. I don't know what did the trick. But I am off of that daily USPS mail checking business for now.
Also, the case status remains the same with two updates to the LUD!
a) When USCIS receipts and begins processing (For Xfr applicants, this would apparently be the date when the new center receives the case).
b) Center where FP is to be scheduled. A more crowded place might mean longer waits.
Just a thought....
My attorney opened two SRs and nothing happened for two months. When I had given up all hope...there comes the FP notice for 1/3/08. I don't know what did the trick. But I am off of that daily USPS mail checking business for now.
Also, the case status remains the same with two updates to the LUD!
more...
ghost
02-07 03:13 PM
Hi
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?
Thx
It's a long discussion but the summary in the last 2-3 mins suggests that
a) the temporary worker visas issue should not be tied to backlog reduction issue
b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.
You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.
Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?
Thx
It's a long discussion but the summary in the last 2-3 mins suggests that
a) the temporary worker visas issue should not be tied to backlog reduction issue
b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.
You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.
Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!
digmetalq
08-21 04:50 AM
Hi All,
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
You are right about to apply for 485 without the PD current. This will help all the people who are bound to their employers and have no option. The law makers are trying to find fraud in employment but they are not finding ways to unshackle the employee from employer.
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
You are right about to apply for 485 without the PD current. This will help all the people who are bound to their employers and have no option. The law makers are trying to find fraud in employment but they are not finding ways to unshackle the employee from employer.
more...
gc_chahiye
10-05 05:08 PM
If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.
I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.
I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.
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GCBy3000
09-15 03:49 PM
Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.
So I strongly doubt either house or senate to include any provisions related to legal immigrants at this point. Nobody wants to take a chance at this juncture of election period. From politicians point of view, it is better for them to maintain status quo now rather than including something which might create a huge noise later during the election period.
So keep on talking about this. Nothing is going to happen till March 07. Even after march, we have to start with some new bills and start the work on educating the senators and others about legal immigration issues. At this point,I think we are back to square one and our hands are tied up till they decide to talk about legals.
So I strongly doubt either house or senate to include any provisions related to legal immigrants at this point. Nobody wants to take a chance at this juncture of election period. From politicians point of view, it is better for them to maintain status quo now rather than including something which might create a huge noise later during the election period.
So keep on talking about this. Nothing is going to happen till March 07. Even after march, we have to start with some new bills and start the work on educating the senators and others about legal immigration issues. At this point,I think we are back to square one and our hands are tied up till they decide to talk about legals.
more...
Oct007
11-06 02:26 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
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greencardfever2007
06-23 11:58 AM
I have filed I-485 under EB2 category using EB3 priority date along with copy of approved EB3 I-140 approval notice. Now my employer is considering reusing my approved EB3 labor for someone else, thinking that my EB2 I-485 application will not be impacted as it is now filed with CIS. Can the employer reuse the EB3 labor without impacting my case? :confused:
Please advice.
Thank you.
Please advice.
Thank you.
more...
wandmaker
01-09 01:22 PM
I have filed I-140 in May 2007 and it is still pending. Is there anyone in this same situation??Please let me know to whom to contact.
-M
NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.
-M
NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.
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willIWill
07-15 03:44 PM
Hi Friends,
I received an RFE last week. There were 3 points in the RFE.
The first point in the RFE says,
Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.
Second Point and Third point are respectively
Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)
Employment verification letter stating the offer still stands as per EB visa petition.
A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.
My question is concerning the first point.
Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?
Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?
Appreciate your suggestions
Thanks in advance.
I received an RFE last week. There were 3 points in the RFE.
The first point in the RFE says,
Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.
Second Point and Third point are respectively
Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)
Employment verification letter stating the offer still stands as per EB visa petition.
A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.
My question is concerning the first point.
Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?
Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?
Appreciate your suggestions
Thanks in advance.
more...
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crystal
10-15 12:39 PM
as far as i know CSC sending the transfer notices after issuing the receipts. Did u check with ur lawyer for receipts? .
Received Transfer notice from CSC to NSC...originally filed at TSC.
No Receipt Notice, EAD, AP or FP.:mad:
Received Transfer notice from CSC to NSC...originally filed at TSC.
No Receipt Notice, EAD, AP or FP.:mad:
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freddy22
07-20 12:59 AM
what if he is charged with 2 misdemenaors as a YOUTHFUL OFFENDER?
is the law not that these are NOT grounds for deportation proceedings?
is the law not that these are NOT grounds for deportation proceedings?
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pcs
01-02 08:05 PM
Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member
thanks
thanks
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jettu77
03-12 10:22 AM
Congratulations!
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bhasky25
10-11 01:39 PM
I received and RFE for medical and 325a in June 2009 and nothing after that. I replied to the RFE along with my AC21 from the current employer.
My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
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09-05 09:36 PM
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vybe3142
07-24 10:52 PM
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
bluez25
08-26 02:18 PM
also one more thing is that my previous attempt for GC with my previous employer was more that 4.5 years for the labor to be cleared and unfortunately I had problems and quit that employer.
ghost
02-07 03:31 PM
Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.
Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!
Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!
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