irock
08-06 11:33 PM
Even though I'm EB2 and still waiting for GC, I oppose this. This is not fair.
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gc_on_demand
04-05 07:09 AM
I checked some family based data and Date jumps 2-3 years once in a 2-3 year period and NVC gets enough files to work on for next 2-3 years , so dates moves slowly for next 2-3 years. USCIS learned lesson from July 2007 and may follow same approach what NVC do.
They might go upto 2008 or 2009 in advance this year or next year so they have almost 20-30 k Eb2 cases on hand which can last for year or two. USCIS needs some new cases to work on. All pre adjudicated cases are ready for approval so chances are there they can advance date so that they can get enough cases for next year's spill over quota.
They might go upto 2008 or 2009 in advance this year or next year so they have almost 20-30 k Eb2 cases on hand which can last for year or two. USCIS needs some new cases to work on. All pre adjudicated cases are ready for approval so chances are there they can advance date so that they can get enough cases for next year's spill over quota.
lavenyahs
05-24 12:10 PM
My father tried to get a Non Availability certificate but they told since the birth is registered they can't issue one and that they also won't change the name...:mad: (after the incident where that MP tried to sneak people into Canada they are very strict it seems)
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gimmeacard
09-08 05:08 PM
I had filed my prior applicaiton in EB3 with 485, Later i joined new firmB around august 2007 timeframe. and they started off again using old PD and ported to EB2, which was granted,
my new company filed for my 485 again as they thought it was right around when i moved and could raise RFE
I got an email today my CPO ordered, using 485# of prior filing
what should i do, tell USCIS or talk to lawyers, i dont want this to cause a denial
( I never used EAD or so, always on H1)
my new company filed for my 485 again as they thought it was right around when i moved and could raise RFE
I got an email today my CPO ordered, using 485# of prior filing
what should i do, tell USCIS or talk to lawyers, i dont want this to cause a denial
( I never used EAD or so, always on H1)
more...
Apple_fruit
09-24 11:09 AM
what was your I-485 notice date?
whitecollarslave
03-27 04:23 PM
IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.
Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.
There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.
You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.
The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)
I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?
Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.
There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.
You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.
The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)
I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?
more...
kanakabyraju
08-20 11:12 AM
Here is the link
Vonage - Residential Calling Plans - Premium Unlimited Plan (http://www.vonage.com/residential_calling_plans/vonage_world/?refer_id=WEBHB090201001W1)
Vonage - Residential Calling Plans - Premium Unlimited Plan (http://www.vonage.com/residential_calling_plans/vonage_world/?refer_id=WEBHB090201001W1)
2010 %IMG_DESC_3%
bobzibub
06-22 09:03 AM
We are a husband and wife, both filing.
My priority date is Oct 06 and my wife's will be July 1st. (or so.)
My wife's company is a large multinational and her job is secure. My company is small and not making oodles of money right now.
So I consider my wife's to be solid and slow and mine to be less solid but faster.
I predict that mine will get approved before hers and they'll drop hers. But because I simply do not trust USCIS to process them without a hitch, we're filing twice. Shotgun theory.
Our lawyers seem to concur. If our PDs were the same and our companies were similar, it probably wouldn't be worth filing twice.
My question is regarding the EADs and APs. I believe that I should file through her because they are more "solid" applications. I assume that the EAD/AP will be processed prior to the 485 and priority date does not affect them. Her job is more secure than mine and so her EAD would be too..
Am I wrong?
My priority date is Oct 06 and my wife's will be July 1st. (or so.)
My wife's company is a large multinational and her job is secure. My company is small and not making oodles of money right now.
So I consider my wife's to be solid and slow and mine to be less solid but faster.
I predict that mine will get approved before hers and they'll drop hers. But because I simply do not trust USCIS to process them without a hitch, we're filing twice. Shotgun theory.
Our lawyers seem to concur. If our PDs were the same and our companies were similar, it probably wouldn't be worth filing twice.
My question is regarding the EADs and APs. I believe that I should file through her because they are more "solid" applications. I assume that the EAD/AP will be processed prior to the 485 and priority date does not affect them. Her job is more secure than mine and so her EAD would be too..
Am I wrong?
more...
newtoearth
06-16 03:33 PM
They should
1. not be based on client location (only visit and communicate), must work from sponser's worksite.
2. not be managed by client. Must be managed by sponser.
http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf
if the work will be controlled and supervised by a different employer
READ again
L1B's work will be controlled by the same employer related manager not by client manager. Client manager's are just facilitators there!
Also please note that there is a difference between
L1B - Blanket and L1B - Individual
1. not be based on client location (only visit and communicate), must work from sponser's worksite.
2. not be managed by client. Must be managed by sponser.
http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf
if the work will be controlled and supervised by a different employer
READ again
L1B's work will be controlled by the same employer related manager not by client manager. Client manager's are just facilitators there!
Also please note that there is a difference between
L1B - Blanket and L1B - Individual
hair %IMG_DESC_4%
TEKNMEK
05-18 04:31 PM
My attorney site has a link to this site. Not sure if this applies just for US passports.
http://travel.state.gov/passport/guide/guide_2081.html
Hi All-
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.
Thanks in advance.
http://travel.state.gov/passport/guide/guide_2081.html
Hi All-
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.
Thanks in advance.
more...
chanduv23
06-18 11:39 AM
No - I am not suggesting that!!
What I am suggesting is that the right time to take this up is when a recession is not in full swing. Between 2004 (when this law was enacted) and 2007 was a great time to pick this battle. Maybe another year down the line would also be a great time to pick it. Picking up this particular battle right now would probably make YOUR and MY lives much more difficult in the medium term.
Like you and the OP - I am a selfish individual. I will pick up only those fights which are in my interest. I believe that this particular fight is a lose-lose proposition in the current climate. I am disputing your (and OPs) belief that this will be beneficial for you/me/rest of us.
Lets take the example of the same Goldman Sachs manager. Tomorrow ICE comes to him and says you need to get rid of these 50 guys under you. What will he do? He cant increase the budget in the current environment. So he probably will hire a couple of GC holders/Citizens and replaces the whole division (with 50 GC/Citizens besides the 50 'violators') with an offshore team.
Think about it!!
Now is the time when everybody is thinking in terms of cost cutting. If you create costly disruptions now - then either the company becomes GM and lose out to overseas competitors or migrates the eitire division out.
Your reasoning is weak. If the same Goldman manager wants to screw you - he won't see if it is recession or not - he will screw you - period.
What happens with ICE and goldman is an issue they sort it out. If his budget is tight - he will figure out a way.
As far as jobs are concerned - there is no gaurantee that the best and brightest is always in jobs or those who suck up always have jobs - YOU are responsible on how you choose and carve your career
What I am suggesting is that the right time to take this up is when a recession is not in full swing. Between 2004 (when this law was enacted) and 2007 was a great time to pick this battle. Maybe another year down the line would also be a great time to pick it. Picking up this particular battle right now would probably make YOUR and MY lives much more difficult in the medium term.
Like you and the OP - I am a selfish individual. I will pick up only those fights which are in my interest. I believe that this particular fight is a lose-lose proposition in the current climate. I am disputing your (and OPs) belief that this will be beneficial for you/me/rest of us.
Lets take the example of the same Goldman Sachs manager. Tomorrow ICE comes to him and says you need to get rid of these 50 guys under you. What will he do? He cant increase the budget in the current environment. So he probably will hire a couple of GC holders/Citizens and replaces the whole division (with 50 GC/Citizens besides the 50 'violators') with an offshore team.
Think about it!!
Now is the time when everybody is thinking in terms of cost cutting. If you create costly disruptions now - then either the company becomes GM and lose out to overseas competitors or migrates the eitire division out.
Your reasoning is weak. If the same Goldman manager wants to screw you - he won't see if it is recession or not - he will screw you - period.
What happens with ICE and goldman is an issue they sort it out. If his budget is tight - he will figure out a way.
As far as jobs are concerned - there is no gaurantee that the best and brightest is always in jobs or those who suck up always have jobs - YOU are responsible on how you choose and carve your career
hot %IMG_DESC_5%
shreiks
06-22 10:22 AM
My lawyer recommends to do independent filing without the spouse. He says you get 2 bites at the apple. When the dates becomes current,USCIS won't adjudicate immediately. We have time to add the derivative spouse later on.
Making AOS filing is not acceptable to USCIS and may trigger personal interviews and confusion. He also said take the spouse approved 140 and do an addendum to the 485 saying he/she is doing an independent 485 though we are married.
Making AOS filing is not acceptable to USCIS and may trigger personal interviews and confusion. He also said take the spouse approved 140 and do an addendum to the 485 saying he/she is doing an independent 485 though we are married.
more...
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FinalGC
01-05 12:13 PM
Just the other day I was dreaming that Obama will pass a rule that all those who are here in US legally for 10 years + will get citizenship....:):) Maybe I was dreaming too much...
Hope that dream becomes true for many of us.....Keep this thread alive, maybe we can motivate the Congress to pass this rule.
Hope that dream becomes true for many of us.....Keep this thread alive, maybe we can motivate the Congress to pass this rule.
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gc28262
06-14 02:36 PM
How many times in this thread I have mentioned that I am getting replaced by one of these L-1B resource, I am a poor Oracle/DB developer who fortunately cannot be replaced by L-1B visa resources (as my skills is a common technical one). So once these violations impact your day to day life you look around for ways to stop this fraud. Its true that if I was a Nuero Surgeon in Phily or a Astro Scientist in Houston I wouldn't be interested in this violation :-) .... tomorrow let this scenario happen to you ... you would be first one to raise the alert.
Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.
l1fraud,
I sympathize with you. If your job is getting impacted by this, you have every right to complain.
On a friendly note, you need to upgrade your skill. You cannot survive on just oracle/db development.
Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.
l1fraud,
I sympathize with you. If your job is getting impacted by this, you have every right to complain.
On a friendly note, you need to upgrade your skill. You cannot survive on just oracle/db development.
more...
pictures %IMG_DESC_7%
cram
06-29 04:30 PM
My receipt date is June 20 and my PD is Oct 2002. If the July visa bulletin does retrogress, will I still be affected with regards to I-765?
dresses %IMG_DESC_12%
pani_6
08-21 03:51 PM
I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..
Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...
we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..
Any idea Pappu..??.
I am thinking a Flower Campign to Sen Lofgren??..what do you guys think..
""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""
Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...
we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..
Any idea Pappu..??.
I am thinking a Flower Campign to Sen Lofgren??..what do you guys think..
""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""
more...
makeup %IMG_DESC_9%
gdhiren
07-09 11:54 PM
I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.
I am planning to be there little after 11 AM with Flowers. hey, how about getting a car full of flowers delivering by our own hands? Now that I am thinking about it, in stead of people sending $32 online we should have bought the flowers locally (using paypal). Is it too late?
I am planning to be there little after 11 AM with Flowers. hey, how about getting a car full of flowers delivering by our own hands? Now that I am thinking about it, in stead of people sending $32 online we should have bought the flowers locally (using paypal). Is it too late?
girlfriend %IMG_DESC_14%
poddar007
01-16 08:55 AM
Hi,
I have my interview on January 23rd. I am very scared about the delays. I would be nice to know other people's experiences. Please keep posting updates with your experiences
I have my interview on January 23rd. I am very scared about the delays. I would be nice to know other people's experiences. Please keep posting updates with your experiences
hairstyles %IMG_DESC_11%
snathan
08-20 06:31 PM
I wont switch to vonage because i dont make much phone calls. Try to use google talk to cut expenses.
Hows Airtel 1c plan? Is the call quality and connection good ?
Thanks
Quality is good. But the problem is they ask you call the local number which some time not working.
Hows Airtel 1c plan? Is the call quality and connection good ?
Thanks
Quality is good. But the problem is they ask you call the local number which some time not working.
manand24
09-16 01:28 PM
My wife and I received the CPO e-mails today at 12:15PM.
1.) Priority Date --> 04/24/2006
2.) 485 Approved on --> 09/16/2010
3.) Pre-Adjucated Yes/No --> No Idea
4.) Info Pass Yes/No --> No
5.) USCIS Contact Yes/No --> No)
6) Service Request Yes/No --> Yes (opened SR on 09/10/10 citing "outside processingtime" and no updates on the case after initial filing) - No response for the SR.
7.) Contact Senator Yes/No --> NO
8.) Recent RFE Yes/No --> NO
9.) AC-21 (Employer change) NO
10.)Ported Case(EB3->EB2) Yes/No --> NO
11.) Service Center - NSC
Best wishes to you all waiting
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On September 16, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.
If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
1.) Priority Date --> 04/24/2006
2.) 485 Approved on --> 09/16/2010
3.) Pre-Adjucated Yes/No --> No Idea
4.) Info Pass Yes/No --> No
5.) USCIS Contact Yes/No --> No)
6) Service Request Yes/No --> Yes (opened SR on 09/10/10 citing "outside processingtime" and no updates on the case after initial filing) - No response for the SR.
7.) Contact Senator Yes/No --> NO
8.) Recent RFE Yes/No --> NO
9.) AC-21 (Employer change) NO
10.)Ported Case(EB3->EB2) Yes/No --> NO
11.) Service Center - NSC
Best wishes to you all waiting
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On September 16, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.
If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
vivekm1309
07-15 01:13 AM
http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20070713/NEWS09/707130379/1001/NEWS
Here is a speech from Tancerdo ...It was good see the comments for the newsclip from the native folks ..
Here is a speech from Tancerdo ...It was good see the comments for the newsclip from the native folks ..
