Wednesday, June 29, 2011

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  • chanduv23
    06-26 10:06 AM
    The way i understand this, not all companies are bound by the EOE laws.
    Certain conditions have to be met to be considered an EOE.

    Not every employer is an equal opp employer, so those guys can hire whoever they want.
    Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.

    I am working on EAD after filing AC21. When I requested for EVL more than once because of NOID situation, my HR was not happy about it. She said she cannot keep giving letters all the time and she also expressed such concern to my manager. My manager in turn told me "This is why we do not get into this stuff, we were not aware of all this when we hired you and we have a policy to hire only Green card and USC" - all of it was oral. When I went into our HR website - it clearly states that hiring needs to have "i9" compliance and thats it.

    One thing we have to understand - employer can decide to hire who they want but must not discriminate.

    Basically if employers are not willing to sponser they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "nly security clearance"

    Looks like most HRs or companies may not be following such pattern because they may not know. When my wife was applying for jobs - some reqruiters did not understand EAD and she explained and they said "We need to learn more about this"




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  • franklin
    07-10 03:42 AM
    nobody has talked about a rally in LA... maybe infront of the Federal building in Westwood... I can initiate if I have couple of more volunteers to help me. If we have this rally on July 28, we will have ample time to arrange for people, etc...

    I suggest you join the SoCal state chapter, they seem to be interested in doing something as well




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  • imconfused
    07-08 11:22 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    i agree.. thats being professional and ethical..




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  • marty
    04-24 03:10 PM
    I have done the landing and came back to US on Automatic Visa Revalidation as my 797 is valid. No problem at all while entering in Canada. The officer just looked at the permnant resident confirmation paper, ask how much funds I am carrying. I told him I have less than a $1000 but I will be transfering funds if needed. I was not asked to show the proof. Next I went to canadian customs and gave them the goods to follow list. The officer processed that and welcomed me to Canada. The whole process took like 15-20 min. While coming back to US the officer did ask me why I was travelling and what I do in US and I told him I came here to become permanant resident and I am on H1B in US. They asked if I applied for LPR in US and I said yes and it is pending. The CBP officer was aggressive, asked me lots of other question but didn't create any issues while issuing the new I-94. So overall, things went fine.



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  • indyanguy
    03-25 10:36 PM
    I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.

    So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.

    EB3 wait is my only way out now......

    thanks

    Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.

    In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!




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  • texcan
    09-14 05:23 PM
    finally got to know from my bank that checks were encashed. checked the receipt nos. on back of checks. notice receipt date is 10the sept.
    i had mailed the papers on july 27th and NSC receipt date was 30th july.

    was your i-140 from TSC



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  • prakgc
    05-12 01:24 PM
    Hi.. still no FP notice for me and my wife.. am a July 3rd filer with case transferred to TSC with a sept 10th notice date..

    Have opened at least 3 SR's, called TSC several times (last was a month back) when the agent said we have sent a request to local ASC...

    How long is is typically taking when IO says sent request to local ASC?

    Any other ideas.. i have taking infopass as well and there was no use..

    How many still waiting for a FP notice from July from TSC?




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  • TheOmbudsman
    10-25 10:51 AM
    Hi,

    If the Dems win control of the Senate, I expect no major changes for us. The amnesty bills are already passed easily in the Senate as is anyway. That doesn't change anything for us there.

    In the House, this will be a close race. Even if Dems barely win in the House, what is less likely, then they may well find themselves struggling again to get major votes for the amnesty bills. Remember that the amnesty bills got rejected in the House by large margin - and - enforcement only bills got approved there widely. Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill. Let them pass Dream Act, and then we, the Employment Base applicants will be in a real dream for a long time.

    It won't be easy, folks.

    Thanks,

    Your Friendly Ombudsman bringing you a dose of daily reality.


    Dude,
    At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC



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  • atul555
    03-26 06:01 PM
    I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
    We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
    I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.

    Man, this website relieves my stress as it makes me realize that there are people whole lot depressed than I am , and it puts my life into perspective. Stress is only a state of mind.
    For you sir, please live up to your username and cheer up. First thing you need to do is make a baby, everything will fall in it's place, trust me.




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  • man-woman-and-gc
    09-15 12:42 PM
    My suggestion, please do not make the phone number and email ids available in public. Many (like me) may not like any/everyone knowing my phone number and email id.

    we could just hide these two columns... just a thought.

    Done.

    The columns exist but will be hidden.



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  • gcisadawg
    03-06 06:22 PM
    I find the second proposal very reasonable. If anyone is waiting for more than 5 years, then make that person exempt from country quota.

    I'm not saying this because I've already waited five years. It makes sense to flush out oldest PD in the system. This would give people an idea about the wait time.

    I'm fine even it is made to say, 6 or 7 years......We just need to know what to expect and how long to wait rather than being subjected to the whims and fancies of politicians and vagaries of the economic boom and bust!

    Whether, it is 5,6 or 7 years can be debated but a reasonable time frame would really help.

    When the spill over happened based on PD, it was doing exactly that; the oldest applicants ( who were typically EB3 I/C) were flushed out of the system.

    When the criteria got changed (fEB category first and then PD), the applicants with oldest PDs were made to wait even longer.

    I dont expect a GC before 2010. That would make about 8 years with multiple boom and bust. When the economy is bad, we need to be free to look for other jobs. With the shackle of visa sponsorship, one would easily become a viction of a recession.
    I know few of my friend who went back in 2001 - 2002. I was fortunate to survive then....Not sure what is in store now......

    -G




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  • paskal
    07-08 09:40 PM
    140K GCs are available on Oct 1. But, dates are not current. Based on this, there appears to be a law that prevents USCIS from recieving ALL AOSs. I am guessing that this law specifies a cap on AOSs that USCIS can recieve from lawyers. (This is why I am keen on knowing conditions for setting dates in VB)

    The following argues that it is hard for this cap to reach exactly on the end of every month.

    It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.


    only 27% of the annual quota is released Oct 1
    the first 3 quarters cannot use more than 27% each
    that is the whole issue
    on the first working day of the month/quarter, where were the remaining 19%
    that should be available by law?
    how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...



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  • chalamcharla
    10-02 09:04 PM
    Hello,

    Reached I 485 on July5th ,9:17a.m to NSC and signed by R.WILLIAMS.
    Checks Not cashed yet.
    waiting ...:mad::mad::mad::mad:




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  • pani_6
    03-26 04:49 PM
    There will be forward movement in June or July ..not sure how eb3 india would move..may be 03 and revert back..



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  • Janisaris
    09-07 02:37 PM
    Filing Date: July 2, 2007
    Recieved Date: July 3, 2007 9am
    PD: Sept. 2002
    Center: TSC
    Checks cashed: Sept 6, 2007




    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=8971038451


    Is you 140 approved from TSC?




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  • bobzibub
    05-23 07:06 PM
    Dear Senator ____;

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.

    Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.

    The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.

    It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.

    Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.

    Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification simply by registering.

    We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.



    Sincerely,
    <your name>



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  • rajesh_kamisetty
    07-04 08:05 PM
    Mine reached on July 2nd 10:30 am. I really hope they don't send my application back... and slip in through this process hahahahaha

    bibboy,

    I appreciate your contribution to IV..

    BHai log : when some of my friends called USCIS they said they are NOT going to return the Files FOR NOW , i dont know why and what for . SO if somebody receives the files (which i dont think is going to happen so quickly though) please let us know asap.




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  • kshitijnt
    05-10 09:25 PM
    Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.

    Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?




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  • prashanthg
    09-17 03:51 PM
    Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.

    First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).

    All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.

    Man!
    You either get too emotional, or too defensive.

    I still don't get what you want to achieve.

    We all agree that you are not after the money.
    You want them to approve the cases this September, before the retrogression hits in Oct.
    They can�t give the GC�s if this year�s quota is already over. Even a judge can�t force them � it is the law � they cannot give any more than the number defined in the law.

    On USCIS processes:
    USCIS already confessed before the congress that they can�t (unable to) process the applications in the priority date order.
    If you force them, they will say the same thing in front of a judge. If the judge forces them to process the cases by PD, they will say it will take them couple of years to make changes to their processes/procedures. In the mean time they will waste visa numbers.
    (We are still smarting from the BEC fiasco � at least I am � They took two years just to move the boxes from SWEs).
    They have been saying that they are hiring, training and improving blah, blah blah (we have heard all that BS before). And they are going to repeat the same thing again in a court.

    So, How do you want to see the USCIS perform and how this law suit is going to help.

    Convince me. I will gladly contribute, even though, I have not filed my 485 yet.




    test101
    07-04 07:09 PM
    Mine was mailed by june 29th and was delivered by July 1st at 10:10 pm by United states postal service (priority mail). Do not ask me how.. it's still a mystery to me.

    Some how it confirm that USCIS was working over the weekend




    gccovet
    07-29 01:08 PM
    gccovet,

    no idea at all.

    I got another lud today on 765 with another message in mail

    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Card production ordered.

    On July 28, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

    wow... I guess, we can tweak the poetry "...God moves in a mysterious way his wonders to perform...."

    " God and USCIS moves in a mysterious way their wonders to perform..."


    GCCovet



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