Macaca
07-08 09:49 PM
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...
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
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...
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
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miapplicant
10-04 11:29 AM
Applied on July 19 at NSC and still nothing.
I am also July 23rd at NSC. I think we need to start our own thread.
I am also July 23rd at NSC. I think we need to start our own thread.
pd_recapturing
08-18 01:12 PM
why cant we just file a lawsuit ??? What's stopping us from doing that ?
Where is IV core these days ? There has not been any news from them for so long.
Where is IV core these days ? There has not been any news from them for so long.
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bostonqa
06-11 01:21 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
more...
waiting_4_gc
08-26 10:49 AM
July 5th filer.
Checks cashed on 08/13
Receipt notices received on 08/20.
Checks cashed on 08/13
Receipt notices received on 08/20.
prem_goel
08-26 05:19 PM
There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.
Does anyone know?
Does anyone know?
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shantanup
03-29 07:03 AM
To allot a GC or Immigration is a leanthy process includes several steps so it takes time to pass through all these steps. After validating and checking all the documents the GC is alloted
so the process takes time.
So naive!
so the process takes time.
So naive!
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reddymjm
06-09 09:13 AM
got receipt notice dated 6th of june for 140 premium processing and got call from employer on 8th of june evening saying the case has been approved. approved in less than 3 days.
What service center was it from? Was it a concurrent filing of I140 and 485?
What service center was it from? Was it a concurrent filing of I140 and 485?
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StuckInTheMuck
11-06 01:52 PM
Apahilaj,
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
I am July 2 filer (@TSC), still waiting for FP notice. Got I-485 receipt (ND Aug 27), and approved EAD and AP. Did not call for SR yet.
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
I am July 2 filer (@TSC), still waiting for FP notice. Got I-485 receipt (ND Aug 27), and approved EAD and AP. Did not call for SR yet.
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desi3933
06-28 06:46 AM
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
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
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --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.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
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
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
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
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --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.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
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
more...
csvinay
10-27 12:33 PM
ok. Assuming BILL pass during the lame-duck session... what is timeline for it take effect? I believe the president has to signed it and it take 90 days from that date to be effective? Experts?
Any stratergic ideas, if positive news does not come out during the lame duck session?
Any stratergic ideas, if positive news does not come out during the lame duck session?
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conchshell
07-11 11:17 AM
With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.
Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.
Please think and try to come up with some ideas. I have come up with these four ideas:
1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.
2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.
3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.
4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.
Please share if you come up with innovative ideas to make these rallies a huge success.
Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.
Please think and try to come up with some ideas. I have come up with these four ideas:
1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.
2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.
3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.
4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.
Please share if you come up with innovative ideas to make these rallies a huge success.
more...
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sanjeev
06-18 10:45 AM
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
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prakgc
12-31 12:10 PM
Because from my experinece you can't even talk to an IO in TSC.. You can only talk to a customer rep if your case is in TSC..
Unless ofcourse your meant IO was the same as a "customer rep" from National customer service.
IOs at TSC are responding to the enquiry of your case i.e they give info about name check status.
But in NSC the IOs are not giving any information, they are just saying they can't tell anything.This happened to me two times since last week.Does any one got same experience with NSC?
Unless ofcourse your meant IO was the same as a "customer rep" from National customer service.
IOs at TSC are responding to the enquiry of your case i.e they give info about name check status.
But in NSC the IOs are not giving any information, they are just saying they can't tell anything.This happened to me two times since last week.Does any one got same experience with NSC?
more...
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obviously
07-27 07:15 AM
LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
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Lasantha
02-06 10:46 AM
If you use AP you enter the US as a "parolee". (Is that how you spell it?).
If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
since I have not yet used my EAD or AC21.
Just wondering if anyone on the forum has experience at Ottawa international while returning with either AVR or AP. Also, is there a preference if you have both AVR and AP, what to use to enter back into US? Thanks.
If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
since I have not yet used my EAD or AC21.
Just wondering if anyone on the forum has experience at Ottawa international while returning with either AVR or AP. Also, is there a preference if you have both AVR and AP, what to use to enter back into US? Thanks.
more...
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sam2006
08-23 01:44 PM
Congratulations..my application was received by NSC on July 2nd too, and I haven't received anything yet..hope i will get it sometime soon...so are all the applications that went to NSC on July2nd are getting transfered to TSC ??
I guess only for 140 approved in TSC are getting transfered to TSC
I guess only for 140 approved in TSC are getting transfered to TSC
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raghav235
08-18 03:17 PM
Friends,
FYI:My spouse's EAD got approved today. Following are the details:
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS)
EAD Paper Filed (EB3-India, PD Nov 2006 : For Me and My spouse)
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: Current Status: Card production orderedon August 14, 2008 (got the email from CRIS).
Thanks
Raghav235
FYI:My spouse's EAD got approved today. Following are the details:
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS)
EAD Paper Filed (EB3-India, PD Nov 2006 : For Me and My spouse)
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: Current Status: Card production orderedon August 14, 2008 (got the email from CRIS).
Thanks
Raghav235
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gk_2000
11-18 01:25 PM
I also suggest partnering up with Reform Immigration For America as they have large numbers of supporters as well. I urge core IV members to contact them as time is short for us
.. confirming that I have sent the faxes for myself and for whole family
.. confirming that I have sent the faxes for myself and for whole family
SunnySurya
08-18 01:51 PM
Now again any volunteers for the letter we have been talking about?
pcs
03-08 07:11 AM
I strongly encourage you & your friends to do this.. I gurantee you... you will be less stressed & will no longer be helpless.
Remember.... you are not alone .... we are all with you in everyway....
Best of luck
Remember.... you are not alone .... we are all with you in everyway....
Best of luck
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