PlainSpeak
03-29 11:58 AM
Man you made my day... atleast i can be happy for coming three weeks, then i will go back to normal after Visa Bulletin Copy/paste.
Ha Ha Ha .....
MC you are an eternal pessimist !!!
Ha Ha Ha .....
MC you are an eternal pessimist !!!
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mrsr
06-27 10:33 PM
I think this what uscis says
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label
whitecollarslave
03-26 05:43 PM
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
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OLDMONK
06-29 07:52 PM
Samcam you are bringing in an Original post so its good. We have had about 5 original posts (not 15000) where people were contacted by law offices including you. since 2:pm PST today.
Other than that every one is referring to immi-law's OH or Aila or Murthy Now, Oh boy what a frenzy. Continue on original thread. Thanks
Other than that every one is referring to immi-law's OH or Aila or Murthy Now, Oh boy what a frenzy. Continue on original thread. Thanks
more...
saileshdude
09-15 06:02 PM
Actually I want to know how we can check that our I-485 is associated with EB2 and not EB3. Is there a code for this on I-485 application?
Did you check if you are under EB2 or EB3 with USCIS?
Did you check if you are under EB2 or EB3 with USCIS?
malaGCPahije
08-07 04:14 PM
Yes you can -when you were eligible for the EB2 filing at the time of filing for EB3!
Why would someone do that u ask? Please call my employer and ask him this question. The answer is - so that you are stuck with him for few more years.
I am in the same boat. My employer decided to file my case under EB3. For that, even the job position was in such a way that required only EB3. I had 7 years experience at that time. So it could have been EB2. That is fine, I am not sad about it.
My question is, since the original position had requirements that met EB3 and not EB2, how can you now justify moving to EB2 within the same company and for the same position?
Why would someone do that u ask? Please call my employer and ask him this question. The answer is - so that you are stuck with him for few more years.
I am in the same boat. My employer decided to file my case under EB3. For that, even the job position was in such a way that required only EB3. I had 7 years experience at that time. So it could have been EB2. That is fine, I am not sad about it.
My question is, since the original position had requirements that met EB3 and not EB2, how can you now justify moving to EB2 within the same company and for the same position?
more...
saimrathi
07-11 02:43 PM
I knew you would find something.. sorry to quote you again.. but i think the quotes are necessary in replies to understand the context of replies.. Yes lets make him aware of the rally in San Jose.. can we have a PDF with info on the rally and a back ground of the case... Thanks..
I think we are on to something here. Please see the quote below from Arnold. Let's start communicating with his office and highlight the visa bulletin fiasco, flower campaign and media coverage. Should we start a new thread on this topic.
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
I think we are on to something here. Please see the quote below from Arnold. Let's start communicating with his office and highlight the visa bulletin fiasco, flower campaign and media coverage. Should we start a new thread on this topic.
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
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ohguy
09-17 08:22 PM
Hi ag11,
I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?
I received I-485 approval letter from USCIS today which reads as follows:
"The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date, time and location to appear.
If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed above."
Did anyone receive a notice like this? How many days did it take to get the biometric notice after this notice if anyone received the above?
My wife already received her physical green card although she is beneficary of my application.
I was planning on going to India in Nov, but can't book now as I don't know how long it will take :mad:
I don't think InfoPass will entertain me to request for Biometrics especially since this notice tells to wait.
Anyone with similar notice, any inputs are greatly appreciated. Thank you friends!!
I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?
I received I-485 approval letter from USCIS today which reads as follows:
"The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date, time and location to appear.
If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed above."
Did anyone receive a notice like this? How many days did it take to get the biometric notice after this notice if anyone received the above?
My wife already received her physical green card although she is beneficary of my application.
I was planning on going to India in Nov, but can't book now as I don't know how long it will take :mad:
I don't think InfoPass will entertain me to request for Biometrics especially since this notice tells to wait.
Anyone with similar notice, any inputs are greatly appreciated. Thank you friends!!
more...
anotherone
01-29 06:47 PM
OK, unless you never initiated the EAD conversation, technically they are supposed to ask ONLY if you are legally authorized to work in the US or you need sponsership.
OTOH I really dont like the idea of having to be quiet and hide my status. Its not something that I should be ashamed of. I have paid my dues dammit and lived here all these years. The immigraton folks should clarify this once and for all, so whoever is waiting for their GCs can think clear and hard if this shit worth it.
After spending half my life working for this, they turn around and say its not valid for employment ? not fair.
I was gungho with my EAD, very pleased that I could work for whoever. Seriously, I think sometimes that its better to go back. Its not like this great country is making it easy for people to contribute their skills.
OTOH I really dont like the idea of having to be quiet and hide my status. Its not something that I should be ashamed of. I have paid my dues dammit and lived here all these years. The immigraton folks should clarify this once and for all, so whoever is waiting for their GCs can think clear and hard if this shit worth it.
After spending half my life working for this, they turn around and say its not valid for employment ? not fair.
I was gungho with my EAD, very pleased that I could work for whoever. Seriously, I think sometimes that its better to go back. Its not like this great country is making it easy for people to contribute their skills.
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GCneeded
01-14 02:49 PM
Sent letters to WH and IV. Thx
more...
walking_dude
11-19 02:52 PM
Ditto here. We need to give them specific case# to look into in the next phase of the campaign.
I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
No responses from anyone else.
I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
No responses from anyone else.
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gvenkat
01-24 08:27 PM
all this is because of the stupid indian government.. they dont have treaties with any other country in the world... that is called visa reciprocation.
All tom, dick and harry to enter india needs a visa and hence all countries dont have that treaty...
the 2 countries tat dont need visas are St.Kitts and Nevis and jamaica....LOL
All tom, dick and harry to enter india needs a visa and hence all countries dont have that treaty...
the 2 countries tat dont need visas are St.Kitts and Nevis and jamaica....LOL
more...
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aps
10-29 01:05 AM
Please refer the url, one of the iv member has stated his friends denial case.
http://immigrationvoice.org/forum/showthread.php?t=21716&page=21
From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.
In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.
Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.
After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.
I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716
To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
http://immigrationvoice.org/forum/showthread.php?t=21716&page=21
From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.
In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.
Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.
After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.
I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716
To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
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purplehazea
05-04 06:57 PM
You can consult another attorney if your attorney is giving you this advice. As far as I know, since you have a valid H1B, you should be fine. I would recommend that you file for all your benefits together (485/EAD/AP)
- I am not an attorney so use my advice at your own risk.
- I am not an attorney so use my advice at your own risk.
more...
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rsharma
06-13 11:25 PM
I understand your point. But this is exactly what anti-immigrants complain about H1Bs. ( depressing wages, outsourcing etc)
It is interesting that we are using anti-immigrant's arguments to pin L1s.
I would like to point out the differences between H1B and L1
1. There is a yearly limit for H1B (65k + 20K) but L1s are limitless.
2. A minimum wage need clause is there for H1B but minimum wage is not required to be paid for L1s. There are people in L1A visas who are supposed to be Senior Managers are sometimes paid less than 60K per annum by these offshore companies. As although they are brough in L1A visa they are in fact developers.
3. Almost 99% of the L1s are from offshore companies whose main intention is to send the project/job to offshore, most of the H1Bs do not have this intention.
4. L1s cannot change their employer, so they are bound to follow what their offshore employer ask them to do i.e try to take the job offshore, H1Bs can change employers, they will not try to send the job to offshore as they will then eventually have tomove back to offshore.
So if we clearify these points even to the antis, I hope they will understand who is the real culprint for the employment scarcity. Each of these companies are moving thousands of jobs out of this country making the problems for Citizens/Green Card holders/H1Bs.
99.99% of all the L1s are not used as they were intended when the law was signed.
It is interesting that we are using anti-immigrant's arguments to pin L1s.
I would like to point out the differences between H1B and L1
1. There is a yearly limit for H1B (65k + 20K) but L1s are limitless.
2. A minimum wage need clause is there for H1B but minimum wage is not required to be paid for L1s. There are people in L1A visas who are supposed to be Senior Managers are sometimes paid less than 60K per annum by these offshore companies. As although they are brough in L1A visa they are in fact developers.
3. Almost 99% of the L1s are from offshore companies whose main intention is to send the project/job to offshore, most of the H1Bs do not have this intention.
4. L1s cannot change their employer, so they are bound to follow what their offshore employer ask them to do i.e try to take the job offshore, H1Bs can change employers, they will not try to send the job to offshore as they will then eventually have tomove back to offshore.
So if we clearify these points even to the antis, I hope they will understand who is the real culprint for the employment scarcity. Each of these companies are moving thousands of jobs out of this country making the problems for Citizens/Green Card holders/H1Bs.
99.99% of all the L1s are not used as they were intended when the law was signed.
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imm_pro
09-09 02:43 PM
Just finished calling all CA congressmen,so far pretty good response..no NAYs yet..will get to the rest of the list soon..guys please call.Only takes 10 to 15 minutes.
more...
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stuck_here
01-22 04:48 AM
worst case? yes.. it's mine..
My H1 revalidation appointment was on the 12-Dec. Visa was approved immediatly but haven't received the passport yet. I receive the same response when I call.. that its under PIMS verification. No ETA of when I can expect it to be done..
I had a H1 transfer to a new employer and 3 year extension happen at the same time. I am not sure what the problem is and what I can do. I am totally stressed out and really depressed ..
If someone has done something thats helped their case move along.. please PM me or reply to this post.. Thanks !
My H1 revalidation appointment was on the 12-Dec. Visa was approved immediatly but haven't received the passport yet. I receive the same response when I call.. that its under PIMS verification. No ETA of when I can expect it to be done..
I had a H1 transfer to a new employer and 3 year extension happen at the same time. I am not sure what the problem is and what I can do. I am totally stressed out and really depressed ..
If someone has done something thats helped their case move along.. please PM me or reply to this post.. Thanks !
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axp817
09-16 08:30 AM
Received 'card production (green card)' approval e-mails for both me and my wife this morning.
IV leaders and IV Texas State Chapter can still count on my voluntary involvement. I love walking through the walkways of the Congress House and the Senate, especially the tram that connects the House and the Senate via the tunnel. ;)
Congratulations! I remember exchanging PMs with you during the last DC drive. I'm happy for you.
IV leaders and IV Texas State Chapter can still count on my voluntary involvement. I love walking through the walkways of the Congress House and the Senate, especially the tram that connects the House and the Senate via the tunnel. ;)
Congratulations! I remember exchanging PMs with you during the last DC drive. I'm happy for you.
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Sri_1975
06-16 10:23 PM
PM me L1fraud i would like to help. Because of L1 misuse lot of people are loosing jobs.
cse_us
03-25 03:50 PM
Kaiser started this new rule to not hire folks on EADs as of last week.
I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.
I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.
bestofall
08-21 12:40 PM
I dont think it's true, I saw these rates are under international calling plan, so we are not signing up to that plan, so I would strongly believe that all cell phone calls are included to India, the same thing you can see when we click on the 60 countires list.....so find out with the tech support guys and keep update here to get the accurate answer on this...
I just spoke to customer service .they mentioned all cell calls to india are free under this WORLD plan.who ever is signing up , can proceed , can call customer service to confirm this as well to avoid any surprise charges
I just spoke to customer service .they mentioned all cell calls to india are free under this WORLD plan.who ever is signing up , can proceed , can call customer service to confirm this as well to avoid any surprise charges
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