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  • v7461558
    07-17 12:32 AM
    Think of it this way, there are already 280M US citizens who didn't take your H1B job for one reason or another, but most likely due to insufficient education or experience in your field.

    The additional 500k potential EADs, of course, are a bit different in that their I-140s are approved (this is the scenario we expect to play out on Tuesday afternoon). What this means is that they are also in the pool of people whose job position could not be filled by a US citizen. If they are in your field, they may potentially be competing for your job, and it will indeed be easier for your employer to hire one of them because there is no H1B petition cost or hassle for the employer to go through.

    Hiring an H1B is a barrier for your employer. It is there, but it is not particularly high, especially if you are not a new H1B but a renewal. You can just hope that your qualifications bring something on board with the company that is enough to overcome that barrier.





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  • bkarnik
    04-12 11:27 AM
    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.





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  • mariusp
    05-22 03:41 PM
    When the one of the IV leaders is seriously considering going out of status in order to benefit from the great amnesty, you know that something is seriously messed up. Even so, I didn't expect you guys to be the first ones to give up...





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  • kaisersose
    07-19 01:56 PM
    Very good, ask your wife to bring a load of sweets for IV member. ;)

    good one!



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  • matreen
    08-15 04:35 PM
    In the letter from the new employer include the following (start date, title, job description, salary and position type):

    This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.

    Mr. Dude's primary job duties include:

    Put Bulletized description here


    Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.

    I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.


    Sincerely,

    Joe Employer

    As far as docs are concerned add the following with the EVL:

    Your covering letter
    AC21 Yates Memo
    3 latest paystubs
    I-485 receipt

    that would be it ;)


    Is there a way you can get me a sample letter from employer?





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  • ssnd03
    07-17 10:05 AM
    FBI background check delay is the only reason why visa numbers are wasted every year. Pending I485 cannot be adjudicated and allocated visa numbers due to pending security checks. At the same time these pending I485s also don't let the visa bulletin dates move forward fast enough. Just wait and see how this problem is going to get worse in the coming years.

    Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.



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  • aniltatikonda
    08-07 12:49 PM
    PD : Nov 2004
    RD : July 25 2007
    140 Approval : Oct 2006





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  • ufo2002
    09-15 01:31 PM
    Horizontal growth does not fascinate me any more.

    Hey, this sounds sig-worthy... can I use that for my sig?



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  • gc_chahiye
    01-27 01:57 PM
    JUST CURIOUS, DO ALL THINK I CAN EXTRACT MY PAID 7K BACK FROM THIS EMPLOYER WHO CHEATED ME OR YOU THINK ITS WORTH LET IT GO???

    You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)

    p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)





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  • bujjigadu123
    02-21 01:34 AM
    That is what surprising to me. I searched for similar experience in all the forums but could not get any matching results. This is what bothering me. Why me (only)???



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  • xyzgc
    10-23 03:56 PM
    If thats the case then why don't they move the PD forward. EB3-I is stuck in 2001 since last 3 years and its not moving forward at all. How can we get some help here, ombudsman?

    That is exactly the issue. they don't move it forward despite lack of sufficient number of cases and then they move it forward by a year or so, it creates a chaos. And it applies to EB2-I also. Look where the dates are as per Nov bulletin.
    Its crazy.
    How many cases you think are in 2001, when last june the cutoff PD was June 2003? All this has been said over and over again in other threads, there is no point in repeating it.





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  • lonedesi
    01-11 08:08 AM
    I sent letter to President & IV. Am in the process of pursuading my employer & lawmakers to send letters to President & IV. Trying to reach out to my friends to do the same.



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  • actaccord
    01-31 08:56 AM
    to find anything related to the patent in uspto.gov

    Ms Su of TVU....why would someone stoop so low and looks like she became a convenient scapegoat for the students ..? not sure what'd you think. She has a Phd from UC Berkley and a patent on her name ....several publications.
    I dug up her resume...
    Dr. Susan Xiao-Ping Su
    President of Tri-Valley University
    Tri-Valley University TVU (http://trivalleyuniversity.org)
    E-mail: ssu@trivalleyuniversity.org, su123@sbcglobal.net


    EDUCATION

    Ph .D. Department of Mechanical Engineering, University of California at Berkeley, 2001.
    Major: Design; Minor I: Microscale Heat Transfer; Minor II: Integrated Circuit Technology.
    Dissertation: Compliant Microleverage Mechanism Design for MEMS Application
    Dissertation Advisors: Prof. Alice M. Agogino; Prof. Tsu-Jae King, Prof. Dennise K. Lieu
    M. S. Department of Mechanical and Aeronautical Engineering, University of California at Davis, 1997. Major: Design
    Thesis: Computer-Aided Kinematic and Dynamic Analysis of Spatial Mechanisms
    Thesis Advisors: Prof. Harry H. Cheng; Prof. Bahram Ravani; Prof. An T. Yang (Emeritus)
    B. S. Department of Engineering Mechanics, Tsinghua University, China, 1991.
    Major Field of Study: Fluid Mechanics

    WORK EXPERIENCE
    1. President and Founder, Semiconductor System Integration, Pleasanton, 2003-present
    � Consultant for Phosistor Technology, Pleasanton, on Semiconductor Device Fabrication, Development of photonic component (laser and OPM) process, Oxford Plasmalab DRIE and ICP etching of SiO2 for Optical MEMS devices.
    � Consultant for California Micro Device on Chip-Scale-Packaging strengthen mechanism;
    � Consultant for NASA on nano chemical sensor fabrication.
    � High-density Magnetic Random Access Memory Development
    2. Lecturer, HerGuan University, Sunnyvale, 2007
    EE537 Analog IC Design, EE515 & 516 VLSI I & II
    3. Lecturer, San Jose State University, San Jose, CA, Fall 2004-2006
    EE178 Digital System Design with FPGA, ME 101 Dynamic
    4. Lecturer, San Francisco State University, San Francisco, CA, 2004-2005;
    ENGR 890 Design of MEMS; Design of CMOS Memory Circuit
    ENGR 356 Computer Architecture; ENGR378 Digital System Design with Verilog.
    5. Lecturer, International Technological University, Santa Clara, CA, 2004-2007
    EEN967 Analog IC Design; EE 519 CMOS Memory Circuit Design; EE 511 VlSI I, II;
    EEN 923 & 910 Semiconductor Physics & Devices; EEN 918 IC Fabrication Technology.
    6. Lecturer, Northwestern Polytechnic University, Fremont, CA, 9/2002 -2004
    EE 507 Analog IC Design; EE 520 CMOS Memory Circuit Design;
    EE 506 VLSI II; EE 624 IC Fabrication Technology; EE 581 MEMS/NEMS Design;
    Developing MEMS and nanotechnology concentration area curriculum.
    7. Member of Technical Staff, Project manager, PicoNetics Inc., Fremont, 9/2000-9/2002.
    � 256K 100MHz (TSMC 0.25m) and 4M 200MHz SRAM design (0.13m G logic process); RLC circuit for on-chip sin wave generation, sense amplifier fro SRAM, DRAM, Bandgap reference, voltage regulator, PLL circuit design, standard cell library design.
    � Supervision of two layout engineers for a 256K SRAM circuit including all technical file set-up, layout optimization for minimum coupling and RC delay, Dracula LVS and Arcadia extraction, LVS and Extraction tools evaluation and memory compliers; UMC and TSMC 0.25, 0.18, 0.15 and 0.13 m process evaluation for SRAM.

    8. Graduate Researcher, Berkeley Sensor and Actuator Center (BSAC), and Berkeley Expert Technology System Lab (BEST), U. C. Berkeley, 1996-2000.
    � Design, fabrication and testing of a resonant accelerometer (RXL) with on-chip amplifier and two-stage leverage mechanism by the SOI-MEMS integrated process.
    � Compliant micro-leverage mechanism design and analysis, FEM analysis and simulation with ABAQUS and SUGAR; Design of the mechanism for force and displacement amplification in other MEMS devices including a micro-valve, an electrostatic actuator and the suspension of the disk drive.

    9. Internship, Lawrence Berkeley National Lab, EETD, 6/1999-12/1999.
    � Optics programming; SEM and TEM measurements of glass samples.

    10. Graduate Researcher, Integrated Engineering and Mechatronics Lab, Dept. of Mechanical and Aeronautical Engineering, UC Davis, 1994-1996
    � With Ch program, analysis of velocity and acceleration for 32 spatial mechanisms (4-bar, 5-bar, 6-bar and 7-bar); force and torque analysis of RCCC & RCRCR mechanisms;
    � Designed a data acquisition system for PAS machine by communication of an AT-MIO-16F board in Labview.


    GRADUATE THESIS ADVISING:

    � Yaosong Tao, International Technological University, Ph.D. Thesis: RF MEMS Components for Communication Systems, 2004.
    � Leo Huang, Northwestern Polytechnic University, M.S. Thesis, Contacting Printing Lithography for Polymeric Organic Light-Emitting Diode, 2005;
    � Sam Shi, International Technological University, M.S. Thesis, A 8-bit Energy Recover Adder, 2005;
    � Parthiv Pandya, International Technological University, M.S. Thesis: MRAM Core Cell Design and Optimization, 2004;
    � Paisit Sriprataks, International Technological University, M.S. Thesis: MRAM Sensing Circuit Design, 2004;
    � Balajee Premraj, International Technological University, M.S. Thesis: Design of an 8M MRAM, 2004;
    � Raul Gali, Northwestern Polytechnic University, M.S. Thesis: Signal Process Circuit Design for a Resonant Accelerometer, 2003;

    AWARDS and HONORS

    � John H. Latoures Scholarship, Mechanical Engineering Department,U.C. Berkeley, 2001.
    � Lankershim Awards, U.C. Berkeley, 2000
    � National Science Foundation (NSF) Graduate Research Fellowship (1996-1999);
    � American Associated University Woman (AAUW) Selected Professional Fellowship ,1995;
    � University Fee Grant, UC Davis, 1994.

    PUBLICATIONS

    1. S. X. P. Su, H. S. Yang, Alice M Agogino, Resonant Accelerometer with a Two-Stage Microleverage Mechanism Fabricated by SOI-MEMS Technology, IEEE Sensors Journal, Vol.5, No.6 December 2005, p.1214-1223
    2. An Sang Hou, Susan X. P. Su, Design of a Capacitive-Sensor Signal Processing System with High Accuracy and Short Conversion Time, Sensors and Actuators A: Physical, Volume 119, Issue 1, 28 March 2005, P.113-119
    3. X-P S. Su, H. S. Yang, Analytical Modeling and FEM Simulation of Single-Stage Microleverage Mechanism, International Journal of Mechanical Sciences 44, 2217-2238, 2002.
    4. X-P. S. Su, H. S. Yang, Two-Stage Microleverage Mechanism Optimization in a Resonant Accelerometer, Structural and Multidisciplinary Optimization 22, 328-336, 2002.
    5. X-P S. Su, H. S. Yang, Design of Compliant Microleverage Mechanism, Sensors and Actuators, A 87 146-156, 2001.
    6. X-P S. Su, H. S. Yang, Single-Stage Microleverage Mechanism Optimization in a Resonant Accelerometer, Structural and Multidisciplinary Optimization 21, 246-252, 2001
    7. H. S. Yang, X-P S. Su and B. Bai, Strain Analysis in Uniaxial Tensile and Compression Testing of Anisotropic Materials, International Journal of Mechanical Sciences 42 (2000) 2395-2415.

    PATENTS

    1. Susan X. P. Su, �A Folded-MTJ MRAM Cell� U.S. Patent No. US60/994941, 2007





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  • kondur_007
    06-10 08:22 PM
    The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants.

    "reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system.

    We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir

    You echoed my feelings about CIR...
    My biggest fear is "choking up of the already inefficient system"...currently we at least can apply for something and expect it to be processed in few months (longer in some cases), get our EADs and APs renewed, call customer service with questions (although don't get needed info in most cases), get infopass....when they try to deal with "blue cards" and Z visas of 12 million plus illegals, none of this will be available.

    And I do not want to start GC process from "scratch" in point bases system when I have spent so much time, money and energy in the current process...

    Only and only Ron Gotcher can say "once CIR passes, everything will be current and stay current..." DREAM COME TRUE!



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  • rockstart
    01-15 08:08 AM
    I have sent the letter to WH and cast vote.





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  • matreen
    08-15 04:35 PM
    In the letter from the new employer include the following (start date, title, job description, salary and position type):

    This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.

    Mr. Dude's primary job duties include:

    Put Bulletized description here


    Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.

    I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.


    Sincerely,

    Joe Employer

    As far as docs are concerned add the following with the EVL:

    Your covering letter
    AC21 Yates Memo
    3 latest paystubs
    I-485 receipt

    that would be it ;)


    Is there a way you can get me a sample letter from employer?



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  • tnite
    06-26 02:30 PM
    The photos I got from CVS was not bright enough. So the guy brightened the photos for me. Now the photos look a little touched up ...

    What are considered bad photos?

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

    I got it from CVS and they look good.





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  • software7
    05-12 02:13 PM
    Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.

    Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.





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  • gc_check
    04-29 02:47 PM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

    All it suggests is - "Well, There are many other players too in every other area - Defense, Science, Space, Medicine, etc... and may be US 'is and in some cases was' the leader, but definitely the Influence, Power, Respect, Trust etc...US used to have in the past is for sure diminished now and it isn't going to turn for good unless this country change for better !!!" Definitely at least I think not the change Obama envisioned !!! US is not the nation of immigrant's it used to be any more at the World's eyes. Well, the hard working people are are good, but The leaders in the center work for and lobbyist and the corporate greed was the basis for recent policies and now it is paying its price. In past it was like for the people, now it by for the lobbyist who can influence the 60 people in Senate and few hundred people in the house and for the companies who can hire these lobbyist decide the policy :o .
    Bad policy that is not well made for the changing globalization is hurting here, while it is helping the people in other geography.

    Having said that, I do not see any connection with immigration reform or what so ever...





    myvoice23
    08-07 12:28 PM
    Hello myvoice23 ---

    How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.

    I am stuck with NC...my PD is 09/2004...

    Kiran

    not sure. What I got msg from IO when I went had infopass appointment.





    Chiwere
    06-12 05:01 PM
    Don't have to apologize for the illegal remark. It is a matter of perspective anyways. Maybe the people "Illegal" in the true sense are the ones acting as gatekeepers now. My handle is a tip of the hat to Chiwere Indians -
    "Nebraska...derived from a Chiwere word that means �flat water..."



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