TomPlate
07-05 09:40 AM
Received at Lincoln, NE. Sign by Santda backin Kulcha at 12:00 AM on Sunday night.
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sanju
10-09 11:46 AM
how about based on salary?
everybody maximize their own utility.
How about deciding the position in the queue based on the utility bill. If you consume more energy/utilities/sewage, you are creating jobs for the guys at the local water treatment plant, sub-station or power generating station, who then go to local eating joint to create more jobs/business, who buy stuff from farmers, who ........
This thread is like pig shit, it occupies lot of space and throws out too much ....
Does this cartoon ring a bell?
http://www.cartoonstock.com/lowres/pbl0025l.jpg
everybody maximize their own utility.
How about deciding the position in the queue based on the utility bill. If you consume more energy/utilities/sewage, you are creating jobs for the guys at the local water treatment plant, sub-station or power generating station, who then go to local eating joint to create more jobs/business, who buy stuff from farmers, who ........
This thread is like pig shit, it occupies lot of space and throws out too much ....
Does this cartoon ring a bell?
http://www.cartoonstock.com/lowres/pbl0025l.jpg
techbuyer77
06-12 03:52 PM
what can u do if u still have no EAD after 3 months? Endless waiting?
Yes no more interim ead
Yes no more interim ead
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vivekm1309
05-05 07:45 PM
http://washingtontimes.com/national/20070504-110815-9777r.htm
The bill is going to be presented on 14th May
The bill is going to be presented on 14th May
more...
mundada
09-10 04:05 PM
:D
If USCIS cannot recapture lost visas from 1992 to 2008 then can it forward capture the visas from next 30 years and clear the backlog?
This way the US can have a stated policy of not accepting any EB immigrant from India/China for next 30 years.
It will also avoid the issue of people retiring doing the same or similar job for 20+ years and without a green card.
It will prevent one generation from India/China from being fooled into American Dream.
If USCIS cannot recapture lost visas from 1992 to 2008 then can it forward capture the visas from next 30 years and clear the backlog?
This way the US can have a stated policy of not accepting any EB immigrant from India/China for next 30 years.
It will also avoid the issue of people retiring doing the same or similar job for 20+ years and without a green card.
It will prevent one generation from India/China from being fooled into American Dream.
gcformeornot
01-29 05:54 PM
in trouble. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
more...
alisa
09-14 02:29 PM
Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.
I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
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good idea
09-24 09:58 AM
I am not sure if I am correct,
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.
But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.
Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.
My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.
But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.
Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.
My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.
more...
mita
08-12 10:47 AM
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
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manja
11-17 03:39 PM
Done for TX. Thanks!
more...
VMH_GC
07-06 08:47 PM
People lives in Tri state, shall we have similar rally in New york City on July 14th?
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kshitijnt
07-09 02:02 PM
Dear Friend:
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!
more...
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bbct
02-12 12:22 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.
Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.
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Refugee_New
08-18 03:11 PM
With this issue of priority date taking a back seat to notice date when dates are current :
While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.
Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.
Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.
immigration trackers.
One more guy with "LOW HANGING BALL" analogy. Hey Lord Labaku, romba nalla peru (very nice name but das is missing)
While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.
Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.
Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.
immigration trackers.
One more guy with "LOW HANGING BALL" analogy. Hey Lord Labaku, romba nalla peru (very nice name but das is missing)
more...
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vij
06-08 05:45 PM
How long does it take to get the notification letter once checks are cleared
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panky72
08-22 03:50 PM
filed July 12th @ NSC
no receipts
no receipts
more...
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jsb
08-29 10:16 AM
Latest update from USCIS - TSC still at 6/30
Has anybody from those who filed at NSC on July 2 (I-140 at TSC), lately called USCIS? NSC has moved for receipting to 7/27, but TSC is still at 6/30
Has anybody from those who filed at NSC on July 2 (I-140 at TSC), lately called USCIS? NSC has moved for receipting to 7/27, but TSC is still at 6/30
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pamposh
08-18 01:14 PM
I think IV core shud take the matter with USCIS or the concerned people.
This is really not fair at all. What is the point of the PD then and to top it of there is no one we could contact and have them listen to our concerns.
This is really not fair at all. What is the point of the PD then and to top it of there is no one we could contact and have them listen to our concerns.
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walking_dude
10-08 04:07 PM
How do you know its rare? Do you know every Indian, every Chinese, every Mexican, every Phillipino [ all non-ROW countries] who has ever applied for EB GC? Mathew Oh posting about it shows it's being used by substantially.
In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!
Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?
How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.
India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?
Labour substituition----Now thats bad...but its no longer allowed
In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!
Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?
How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.
India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?
Labour substituition----Now thats bad...but its no longer allowed
gcforevr
07-09 03:46 PM
here's a writeup for reporters.
"One the Eve of July 4th, US Rejects Permanent Residency Applications of Law-Abiding, Tax-Paying, High-Skilled Legal Immigrants Including Doctors, Scientists and Engineers"
Justice, freedom, equal opportunity and meritocracy are the pillars on which modern America is built upon. This country has opened its doors with a warm smile and a big heart for every hard working, highly-skilled legal immigrant who has one common thing more than anything else with every American � the American dream. Andy Grove of Intel, Sergey Brin of Google, Vinodh Khosla of Sun Microsystems are excellent examples of people who migrated to the US for higher education and then went on to found billion-dollar companies that employs thousands of Americans.
Everyday pressures at work, paying for mortgage, taking care of children are challenges that every working American goes through. But little is known about the silent pain and anxiety of high-skilled, tax-paying, law-abiding doctors, engineers and scientists who have to constantly keep track of their position in the "queue" to obtain their permanent residency status, more commonly the 'green card', as a first step towards calling America their home. Sometimes, the wait in the line can last as long as ten years. The wait comes with several restrictions like being bound to the particular job position with the sponsoring employer for as many years, foregoing promotions and inability to change jobs at will � work conditions unimaginable for an average American employee.
Sometimes the position in the long queue moves forward, when even a small movement causing immense joy and anticipation among the employees while sometimes the position moves backwards causing the employee to endure further pain. Historically the US government has opened the doors for the final stage of the green card application (where the applicant can adjust or change their status from any current non-immigrant status to a permanent resident status) every 3 years or so for a small window of time that typically lasts 30 -60 days. On June 13 th 2007 when the US government announced that July 2nd 2007 was the beginning of the one such window of time, the news sent thousands of prospective applicants into a tizzy mixed with relief, anticipation and joy. Many spent thousands of dollars in preparing required documentation, lawyer fee and canceling travel arrangements, to get their applications in on the first day itself.
Alas! With a hitherto unprecedented action, on the morning of July 2nd 2007, the same US government agency, with a terse and nondescript press release went back on its promise and slammed its door shut for any green card application. This action is clearly condemnable, unacceptable and unfair to thousands of high-skilled employees who contribute positively towards strengthening the US economy. Many feel wounded at the inhumane treatment in the hands of US immigration department and are contemplating migrating back to their homeland or to more immigrant friendly countries. However, a strong majority still trusts the US government to implement meaningful reforms specifically targeting legal immigrants while they continue to endure untold sufferings.
"One the Eve of July 4th, US Rejects Permanent Residency Applications of Law-Abiding, Tax-Paying, High-Skilled Legal Immigrants Including Doctors, Scientists and Engineers"
Justice, freedom, equal opportunity and meritocracy are the pillars on which modern America is built upon. This country has opened its doors with a warm smile and a big heart for every hard working, highly-skilled legal immigrant who has one common thing more than anything else with every American � the American dream. Andy Grove of Intel, Sergey Brin of Google, Vinodh Khosla of Sun Microsystems are excellent examples of people who migrated to the US for higher education and then went on to found billion-dollar companies that employs thousands of Americans.
Everyday pressures at work, paying for mortgage, taking care of children are challenges that every working American goes through. But little is known about the silent pain and anxiety of high-skilled, tax-paying, law-abiding doctors, engineers and scientists who have to constantly keep track of their position in the "queue" to obtain their permanent residency status, more commonly the 'green card', as a first step towards calling America their home. Sometimes, the wait in the line can last as long as ten years. The wait comes with several restrictions like being bound to the particular job position with the sponsoring employer for as many years, foregoing promotions and inability to change jobs at will � work conditions unimaginable for an average American employee.
Sometimes the position in the long queue moves forward, when even a small movement causing immense joy and anticipation among the employees while sometimes the position moves backwards causing the employee to endure further pain. Historically the US government has opened the doors for the final stage of the green card application (where the applicant can adjust or change their status from any current non-immigrant status to a permanent resident status) every 3 years or so for a small window of time that typically lasts 30 -60 days. On June 13 th 2007 when the US government announced that July 2nd 2007 was the beginning of the one such window of time, the news sent thousands of prospective applicants into a tizzy mixed with relief, anticipation and joy. Many spent thousands of dollars in preparing required documentation, lawyer fee and canceling travel arrangements, to get their applications in on the first day itself.
Alas! With a hitherto unprecedented action, on the morning of July 2nd 2007, the same US government agency, with a terse and nondescript press release went back on its promise and slammed its door shut for any green card application. This action is clearly condemnable, unacceptable and unfair to thousands of high-skilled employees who contribute positively towards strengthening the US economy. Many feel wounded at the inhumane treatment in the hands of US immigration department and are contemplating migrating back to their homeland or to more immigrant friendly countries. However, a strong majority still trusts the US government to implement meaningful reforms specifically targeting legal immigrants while they continue to endure untold sufferings.
gc28262
06-28 09:33 AM
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
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