nk2006
10-17 04:19 PM
{someone sent me a PM (with a red-dot to boot :) asking what is the plan?}
As explained in the first post of this thread the current plan: is to write to ombudsman, service center etc and explain why this I485 denial is wrong. The letter format and addresses are provided in the same post. I request members to email ombudsman the letter - since their office got some attention on this issue its best time to send more. All you have to do is paste the letter and add your personal info and send email - take a few more minutes to print it and send hard-copy as well, just in case if they ignore emails.
As explained in the first post of this thread the current plan: is to write to ombudsman, service center etc and explain why this I485 denial is wrong. The letter format and addresses are provided in the same post. I request members to email ombudsman the letter - since their office got some attention on this issue its best time to send more. All you have to do is paste the letter and add your personal info and send email - take a few more minutes to print it and send hard-copy as well, just in case if they ignore emails.
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vkannan
03-06 05:33 PM
Few observations based on thread postings
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
abstractvision
04-07 04:21 PM
I have faxed my letters...sent 7 by USPS as well to get a hard copy reply. I do not want to discourage this effort, but In my opinion NOTHING will happen with Fax/Email as these are the people who show that they recognize the problem and working the best way they could. No room for improvement.
I do not think lawsuit will work either. Courts are goin to believe all the plans and implementation details and success stories from DOL.
I met 2 members of Congress ( one Ex)and they heard me patiently, appreciated me explaining the problem to them, showed their empathy but no results. One of them I guess was instrumental for the fillibuster the Spector's bill...Great...I do not blame anybody..I realized later that If someone is elected based on conservative ideology and Xenophobic attitude, how is s/he going to help me.
I was impressed by the rallies the illegals aliens have organized. That definitely had major impact as a community asking for their rights. It was covered in all Major /Minor channels and almost all major radio station. It had a major impact in congress hearings. A force to recon with.....
We are all high skilled people who I think,
-do not have time to go out for rally,
-have enough time for suggestions to others in this and other forum(internet is great),
-do not want to participate or donate for a lawsuit,
-always think about divisions among ourselves (01 & 02 Vs 03/04 devide),
-wish to take meanigless positions (stopping PERM..Cursing IV..),
-believe why to move their butt as they have consistent job and not to worry about the time( If it comes early..its a bonus),
-take and reply to opinions personally
-think others will get benefitted too
-wait and watch (Home country is an option too)
-worry about a day leave for rally or meeting
-wait for Visa Bullettin
-discuss Illegals while we are in worst shape than them
I guess if we do not put our acts together, We deserve the situation we are in today.
I suggest, we make city wise list of the suffering people, meet once in 1 or 2 weeks, choose a lead and have leads finalize the date for the rally/ further action.....and show up.
If NOT, then simply show up at Capitol in white dress after Spring recess of Congress.
Unless somebody comes up with any other viable option, I guess Its a wake up call to be answered. Rally from Jefferson to Capitol via 1600 P. Avenue....We donot need 500,000. Even 30 to 50 people with a week notice to all major TV channels will work.
Since, Illegals had such a great rally, Media will definitely pay attention to LEGAL's rally.
Local folks...Congress works until late..Early morning or after work hour is fine. Not sure abt Saturday. If no one is interested..fine..I have got two hands to display at least one banner.
*********************
PD: Aug 2002
State: MD/RIR/EB3
Regional:No
Replied 45 days letter: July '05
I do not think lawsuit will work either. Courts are goin to believe all the plans and implementation details and success stories from DOL.
I met 2 members of Congress ( one Ex)and they heard me patiently, appreciated me explaining the problem to them, showed their empathy but no results. One of them I guess was instrumental for the fillibuster the Spector's bill...Great...I do not blame anybody..I realized later that If someone is elected based on conservative ideology and Xenophobic attitude, how is s/he going to help me.
I was impressed by the rallies the illegals aliens have organized. That definitely had major impact as a community asking for their rights. It was covered in all Major /Minor channels and almost all major radio station. It had a major impact in congress hearings. A force to recon with.....
We are all high skilled people who I think,
-do not have time to go out for rally,
-have enough time for suggestions to others in this and other forum(internet is great),
-do not want to participate or donate for a lawsuit,
-always think about divisions among ourselves (01 & 02 Vs 03/04 devide),
-wish to take meanigless positions (stopping PERM..Cursing IV..),
-believe why to move their butt as they have consistent job and not to worry about the time( If it comes early..its a bonus),
-take and reply to opinions personally
-think others will get benefitted too
-wait and watch (Home country is an option too)
-worry about a day leave for rally or meeting
-wait for Visa Bullettin
-discuss Illegals while we are in worst shape than them
I guess if we do not put our acts together, We deserve the situation we are in today.
I suggest, we make city wise list of the suffering people, meet once in 1 or 2 weeks, choose a lead and have leads finalize the date for the rally/ further action.....and show up.
If NOT, then simply show up at Capitol in white dress after Spring recess of Congress.
Unless somebody comes up with any other viable option, I guess Its a wake up call to be answered. Rally from Jefferson to Capitol via 1600 P. Avenue....We donot need 500,000. Even 30 to 50 people with a week notice to all major TV channels will work.
Since, Illegals had such a great rally, Media will definitely pay attention to LEGAL's rally.
Local folks...Congress works until late..Early morning or after work hour is fine. Not sure abt Saturday. If no one is interested..fine..I have got two hands to display at least one banner.
*********************
PD: Aug 2002
State: MD/RIR/EB3
Regional:No
Replied 45 days letter: July '05
2011 2003 Ford Escape XLS - 104K
hazishak
07-19 01:33 PM
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June,2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June,2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
more...
wanna_immigrate
03-15 02:47 PM
...raised an SR, sent an interfiling request, but still no LUD yet.
If you check OP and other posters in this discussion, looks like it took around 2 months for all of them.
Did you mean in 2 months after interfiling they got 485 approved? Please clarify.
If you check OP and other posters in this discussion, looks like it took around 2 months for all of them.
Did you mean in 2 months after interfiling they got 485 approved? Please clarify.
485Mbe4001
01-03 03:59 PM
good topic and reply.
Maintaining GC is a big hassle you have to return every year (2years for the first time i think). Couple of Infosys blokes (with GC) that i know had discussed this with the company before joining and the company sent them within 2years on a short term projects to the US.
If you have a US citizenship then you can opt for a dual citizenship. That might help you get a job directly in India (dont know the rules, just guessing)
This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
Maintaining GC is a big hassle you have to return every year (2years for the first time i think). Couple of Infosys blokes (with GC) that i know had discussed this with the company before joining and the company sent them within 2years on a short term projects to the US.
If you have a US citizenship then you can opt for a dual citizenship. That might help you get a job directly in India (dont know the rules, just guessing)
This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
more...
apt29
06-11 01:06 PM
If you do not mind, have you donated to IV?
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
2010 2003 Ford Escape XLS - 104K
LegallyGC
08-12 01:09 PM
I dont think this will change anything ...
1. Infy/TCs and all biggies will shift more jobs to India and other contries or hire people on contract from smaller desi consultants who have less than 50 guys.
2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...
3. 600M will never to till the border and those illegals keep coming.
4. Indian americans leaders (if they read the news about this law) will curse saying "how bad things are now compared to how it was when they came here" and then keep voting democrats....
5. We as immigrant community will talk a lot about this in our forums and curse Senators, Democrats, infy and many others till next month's VISA bulletin and then forget this ever hapened.
6. This thread will have a lot of posts and then slowly phase out...
Unless we decide to educate senators, congressmen, indian americans what are the side affects of this....
1. Infy/TCs and all biggies will shift more jobs to India and other contries or hire people on contract from smaller desi consultants who have less than 50 guys.
2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...
3. 600M will never to till the border and those illegals keep coming.
4. Indian americans leaders (if they read the news about this law) will curse saying "how bad things are now compared to how it was when they came here" and then keep voting democrats....
5. We as immigrant community will talk a lot about this in our forums and curse Senators, Democrats, infy and many others till next month's VISA bulletin and then forget this ever hapened.
6. This thread will have a lot of posts and then slowly phase out...
Unless we decide to educate senators, congressmen, indian americans what are the side affects of this....
more...
gccovet
04-30 03:06 PM
SO IF they move PD's to 2006 dec then there is aposibility that all 2006 pd 's get GC's before 2001 pd's.:mad:
No, I think it then based on PD.
GCCovet
No, I think it then based on PD.
GCCovet
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JulyFiler
08-20 07:56 PM
Yes, CA DMV takes quite a while to get clearance from DHS to validate your legal stay before they issue you DL.
more...
gc_wow
02-18 06:30 PM
Given the current market conditions,I dont think there will be a lot of new EB1,EB-2 ROW filings.Given that EB1 and EB2 ROW are current,there will be considerable overflow to EB2 I and C.The chances are very good that EB2 I and C will move faster than it moved late last year and early this year.April 2009 quarter opens new Visa Numbers too,If EB2 ROW and EB1 are slowed because of economy then certainly there should be some additional visa numbers available for EB2 I and C.At this stage it depends on PERM EB2 ROW data.
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go_guy123
02-24 06:38 PM
I have MBA from an American university, do you think it's going to help me?
MBA is always better than a MS from US..guaranteed. MS doesn't fetch much. I know it first hand. I have MS from US and worked in India. I then got an MBA from Canada.
MBA is always better than a MS from US..guaranteed. MS doesn't fetch much. I know it first hand. I have MS from US and worked in India. I then got an MBA from Canada.
more...
house 2003 Ford Escape Limited
delhikadesi
09-14 12:44 AM
whats wrong with you guys...you guys are filed in EB3 category...does not mean that you are less then any EB2 person.
cant you understand one simple logic? EB2 category(not an individual) will get cards sooner then EB3 category.
So if you were eligibile or had a choice, why you chose EB3????
now since you did choose, you are supporting this backgate system of porting to EB2? how do you justify that?????
you or your employer told USCIS to get a card for you in EB3 category, if you do not want that, file NEW !!!
In the eyes of americans we are skilled workers, but we all are selfish and vulnerable to white man politics!!!!
DAMN this card and I wish to see when we all cherish our self respect and does not get treated like beggars by USCIS.
If we all have balls then lets do some kind of bycott ...else keep watching your brother in this stupid ration line and you enjoy your food (if you get lucky by USCIS)
cant you understand one simple logic? EB2 category(not an individual) will get cards sooner then EB3 category.
So if you were eligibile or had a choice, why you chose EB3????
now since you did choose, you are supporting this backgate system of porting to EB2? how do you justify that?????
you or your employer told USCIS to get a card for you in EB3 category, if you do not want that, file NEW !!!
In the eyes of americans we are skilled workers, but we all are selfish and vulnerable to white man politics!!!!
DAMN this card and I wish to see when we all cherish our self respect and does not get treated like beggars by USCIS.
If we all have balls then lets do some kind of bycott ...else keep watching your brother in this stupid ration line and you enjoy your food (if you get lucky by USCIS)
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himu73
09-09 01:18 PM
You need to have proper knowledge of the market to invest anywhere. Most of the things you have stated make it clear that you have never been a real estate investor.
I think you missed a chance by not investing in India through 2001 to 2005.Money has doubled tripled and there are buyers who can afford to buy in Tier 1 cities. Those are not the EMPLOYED people but the SELF-EMPLOYED ones.
Study the market carefully and make sound decisions whether India or anywhere but dont make comments based on some analysis.
Also,Investing is an ongoing exercise, whether Real estate,Stocks. you cannot just wake up one day and say I want to invest in Indian real estate. You need to build a portfolio similar to the way you do for Stocks. Start with a some research and a small investment. My suggestion is to join a group of people who are already doing some Real estate investment and go along with them. Just reading someone else's comments and coming to a conclusion is not good. Do more research ,Invest time, Wait for the right opportunity.
Just my few cents.
Just additionally, It is not a good idea to invest in a House in India right now just as a pure Investment. You are right on that part.
I think you missed a chance by not investing in India through 2001 to 2005.Money has doubled tripled and there are buyers who can afford to buy in Tier 1 cities. Those are not the EMPLOYED people but the SELF-EMPLOYED ones.
Study the market carefully and make sound decisions whether India or anywhere but dont make comments based on some analysis.
Also,Investing is an ongoing exercise, whether Real estate,Stocks. you cannot just wake up one day and say I want to invest in Indian real estate. You need to build a portfolio similar to the way you do for Stocks. Start with a some research and a small investment. My suggestion is to join a group of people who are already doing some Real estate investment and go along with them. Just reading someone else's comments and coming to a conclusion is not good. Do more research ,Invest time, Wait for the right opportunity.
Just my few cents.
Just additionally, It is not a good idea to invest in a House in India right now just as a pure Investment. You are right on that part.
more...
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GayatriS
01-05 08:06 PM
I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.
Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
dresses 2003 Ford Escape XLT SUV
snathan
08-24 12:16 AM
Context is everything
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
You made my day....but you can do better. Come up with somthing make sense.:D
I never knew all these so called multinational executives work for noble cause...hilarious
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
You made my day....but you can do better. Come up with somthing make sense.:D
I never knew all these so called multinational executives work for noble cause...hilarious
more...
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Milind123
09-15 08:30 AM
thanks Zappy pvhemanth :)
Thank you Zappy & pvhemanth for the very nice contribution. I thought you would come after our three sponsors have pledged. That was really nice of you.
May I now request contributions from the people who have contributed only once? If you have contributed some time back please consider doing so now.
Also, if you have contributed before and do not plan to contribute now, we would like to know the reason? There is obviously some disillusionment. If you don't feel comfortable posting, feel free to send out a PM. We will try our best to address your concerns. Remember your contribution before the rally is slightly more beneficial for IV.
Thank you Zappy & pvhemanth for the very nice contribution. I thought you would come after our three sponsors have pledged. That was really nice of you.
May I now request contributions from the people who have contributed only once? If you have contributed some time back please consider doing so now.
Also, if you have contributed before and do not plan to contribute now, we would like to know the reason? There is obviously some disillusionment. If you don't feel comfortable posting, feel free to send out a PM. We will try our best to address your concerns. Remember your contribution before the rally is slightly more beneficial for IV.
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sweet23guyin
07-18 03:29 PM
Great.. Thank you.. Please ask your neighbours to join IV i they have not yet.
I never mailed all my contacts at a time in my 10years of email life!
IV made me to do :)
I never mailed all my contacts at a time in my 10years of email life!
IV made me to do :)
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desibechara
12-29 04:08 PM
I was wondering about DOL letter which my employer received yesterday..for Recruitment process for 30 days..I wanted to know is it because of the conversion we did to RIR process some days back or is it just that they caught up with my TR application after 5 years..TR-Oct 2001
Please let me know
Desibechara
Please let me know
Desibechara
chanduv23
11-20 07:48 PM
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
So one MUST ALWAYS keep EAD in hand till 485 is adjujicated.
This is a very interesting find. But lets keep doing more research until we are concrete about whats the best option
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
So one MUST ALWAYS keep EAD in hand till 485 is adjujicated.
This is a very interesting find. But lets keep doing more research until we are concrete about whats the best option
coolpal
09-10 11:04 AM
thanks IV to all ur efforts...
Here's my contribution of $100 (Google Order #431458970400945)
Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...
thanks,
pal :)
Here's my contribution of $100 (Google Order #431458970400945)
Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...
thanks,
pal :)
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