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  • optimystic
    03-26 02:10 PM
    Just a silly question popped up in my mind...

    Doesn't DOL have a directive telling employers, they have to try to recruit US Citizens first, and only if they do not find properly qualified US Citizens they can go on to search for people having 'other work authorizations' . Isn't that the whole basis for the approval of our Labor certifications in the first place???

    So can the employers not use that directive as a legal loophole and try to prescreen the candidates and ask them whether they are US Citizens or GC or EAD or H1 and so on... as a hidden ploy to figure out whether you are GC or EAD while externally they can still put on a facade that they are just strictly following the legal directives that DOL has laid out?

    Doesn't this 'Try to hire US Citizens first' policy of DOL in total contradiction with the I9 statement of 'no discrimination based on work authorization' ???? I am a bit confused here :confused:

    If this indeed is a legal loophole that employers/recruiters can use in their favor, then admins please delete this post so that the yet unaware recruiter/employer perusing our forums may not get wind of this deadly legal weapon !! :)





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  • senthil1
    07-09 11:22 PM
    There is nothing wrong in fighting. At least it will be used to prevent the same mistake in future. But it is not a bad idea to analyse the outcome so that everyone can prepare for that. My view is this campaign will be used for preventing future mistakes. I will be pleasantly surprised if we get more benefit than that. Even lawsuit also will serve the purpose and will give strong warning to USCIS.
    I can tell many examples. Due to one persons misjudgment so many American and Iraq people were killed. Do you think they can get relief? Whatever relief people got it cannot bring back peoples lives. But still lot of people are thinking that Iraq could have been handled differently and many people are fighting against War. Most people realize mistakes after someone is impacted.



    In the name of thinking differently we have smitha, senthil1 , asdqwe..and these guys confusing this struggle / fight for us trying to get ahead of the line or as senthil1 keeps saying uscis/dos made an honest mistake and asdqwe..keeps saying we need to fight for legislation rather than wasting time with these efforts. What all these guys and their ilk fail to understand is most of us are pissed off about the way it was implemented and handled rather than the ability to file AOS itself. If we sit and do nothing is like asking uscis / dos to walk all over us again and again. Besides in US law whenever there is a gray area, the decisions are based on precedents. This means if they have done this now means they can do this in any bulletin hence issued. They can issue a bulletin in Oct 2007 and on Nov 2 say "oops sorry my bad wrong bulletin" . Please come out of the basement and face the sun.





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  • 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.





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  • lotsofspace
    01-08 04:18 PM
    Background:

    It will be really great of we can get some or all of these requests are granted.
    I have some friends who had their GC in in 16 to 18 months from soup to nuts. They changed the jobs to some thing really entirely different and better yet they stopped working and started their own companies and recently naturalized as Citizens. So they only honored their intent to work for the same company for 18 months MAX and they are citizens.

    Where as many of us are working for the same company for YEARS together.

    Question :


    Since many of us have already fulfilled our intent to work for the employer many times over, why would we still need to get a job in Similar or same occupation to change ?


    I know we are now requesting them to change the definition of same or similar so that I can take a promotion in the same field. What about people who acquired different knowledge and want to put to use ?

    A friend of mine wants became proficient in photography and wants to become a professional photographer full time. He can't even in new case.
    Another friend got a MBA finance (currently working in IT) can't become a financial consultant or investment banker. But for the retrogression, they could have done what they wanted the second day after getting the GC.

    Did it ever occur to the core to request a relief so that , if you worked for the company in the job for which GC is filed for XX years (say 5 for example), you are no longer required to look for the same or similar occupation when you change the job ? (Because of the delay in approval of the case due to retrogression and you have already made good on your promise of working for the company.) .

    Or is it too much to chew ?

    PS : This is not to find fault with any one (person or organization). Let the ideas keep coming.



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  • GCNeophyte
    08-19 03:25 PM
    I got the CPO email first. In another days 6 days got welcome mail. Then the status changed back to post decision activity. 5 days from there, I got the cards. Even today the status says the same.

    Looks like you are so much addicted to check USCIS case update, you still checking your status after you receive your cards :)

    just curious, what are you expecting on your status after you received GCs?





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  • eagerr2i
    07-09 07:07 PM
    I would donate blood if there was any left after my blood sucker employer sucked me dry!:D

    I fell off my chair laughing when I read your post.. Man, you are hilarious. You should start doing a comedy show.



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  • rangaswamy
    03-31 06:51 PM
    On an unrelated note, is there anything to gain from writing to congressmen and asking them to check on the case when it is current?

    What do you state in the letter while requesting them to check with USCIS? I remember some folks did write to their congressmen last year around June/july when they were current.





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  • alterego
    05-27 04:01 PM
    My EAD expires today, I applied for the renewal on April 6th. This is my 4th EAD and I totally missed to apply in time this time.

    1)Is there any way to speed up the process to get the EAD soon?
    2) I cannot work from next week is there any way I can get through this ?

    Thanks
    Rajesh


    Tough problem indeed. Especially now that they are not entirely following their rule to give you a 90 day response. Instead they now suggest you apply 6 months ahead! For a document valid less than a year and for which the filing price is expected to double soon. They are basically asking you to apply every 6 months or so. I wonder why they do not charge 4 times and give it for 2 yrs, atleast we can avoid the stress.

    Anyway, one consolation is that my lawyer says they have been approving it with an effective date the day after your last expiry, but thats not a guarantee. The situation sucks. I applied 95 days ahead(my 3rd EAD application by the way) and am still a little antsy with a month to go. Of course you remain in status due to pending 485 but whether to go to work is a different matter. I personally am planning to take a few days off at that time should it come to that.

    Let me know how yours goes.



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  • javadeveloper
    11-10 11:25 PM
    we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.

    It's your company's responsibility to make you aware about your dependent's status too.I worked for a small desi company for sometime and they lied that My wife doesn't need H4 extension because she is dependent on me.Fortunately I came out of that company.





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  • gpawar
    01-15 04:02 AM
    Went for first interview on 4th Jan. Got confirmation email today 15th Jan 2008. Got this email about an hour back.
    ----------------------
    Your H/L administrative visa processing is complete. You DO NOT need to schedule another appointment or return to the consulate.
    Please drop the following documents off at one of the VFS locations listed below.
    1. Yellow pending letter
    2. Passport
    3. Envelope provided by the consulate (yellow, blue or green color)
    4. Print out of this e-mail
    ----------------------

    Good luck to all those who are still awaiting confirmation. There is no use calling the VFS people, as they have no information. But it helps to know from other candidates on the time frame. So other people who have got the email, please post your experiences here for the benefit of all.

    Best of Luck and you will get the email soon!
    Geeta Pawar.



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  • dskhabra
    09-24 12:19 PM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) “Other Workers” – Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 – 6343 Pending = 1665 visas Extra.
    6) “Other Workers” – Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 – 7878 Pending = 19619 visas Extra.
    6) “Other Workers” – Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 – 14151 = 14195 pending EB2-I applications ready to go to year 2011.

    One point, as we are seeing horizontal spill over for the last couple of years...so numbers unused in EB2 ROW will go to EB2 I and EB2 C not to EB3 ROW

    So in your calculation ALL EB2 ROW/Philippines/Mexico unused VISA numbers should be spilled over to EB2I and EB2C not to EB3 ROW/Philippines/Mexico.





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  • guest_mister_08
    08-17 03:17 PM
    I have received Courtesy copy of I485 Approval notice, and law firm received the Original I485 Approval Notice.

    Is there any use for Original I485 Approval Notice or just Green Card is Enough?



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  • sumagiri
    09-23 09:19 PM
    If EB2 row perm hits 10000 apps thats it pd wont move a bit. That will happen as soon as hiring starts again. This will happen any time, if this not happen until sep 2010, then EB2 has a chance. There are about 15000 (approx) EB2 Row apps siiting ducks in Perm centers, if ROW PErm eb2 approvals start flowing then we are just stuck. It all depends on EB2 Row Now. That is the one we need to watch closely.

    Any idea how many ROW EB3 pending in PERM?





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  • gctest
    08-21 01:57 PM
    Read the visa bulletin for the past 3 months.


    and thanks for the red dot. .. I am in indian .. so a red dot really goes on me :)



    Do you have any link for that apology from DOS? Any doc to support that?



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  • chanduv23
    10-29 07:31 AM
    Dear IVans - there will be more discussions and analysis coming on IV in the coming days.

    At this time, please participate actively in this campaign.

    If anyone thinks that this does not affect me because my ex employer won't revoke 140 or I am having US masters or I work for best company or I have unique skills and whatever you think , you are making a big mistake by taking this issue for granted.

    AC21 Memos (Yates & Aytes Memos) are not legally binding. They are just USCIS guidelines and not legally-binding (on USCIS) regulations.

    So, potentially anyone can be a victim.





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  • manand24
    09-18 09:16 AM
    Yesterday, I received receipt notice via USPS Mail for:

    1. My I485 application
    2. My I-131 application
    3. My wife's I-485 application

    Still waiting to hear about My wife's I-131, I-765 for me and my wife.

    See signature for details.

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
    WIFE
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-131 NSC RD 07/02/07 ND Pending - NO Update yet
    I-765 NSC RD 07/02/07 ND Pending - NO Update yet



    I have not received any reciept notices yet. I also filed on July 2, 2007.

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending



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  • Googler
    09-26 03:42 PM
    more interestinly I am seeing that only Indians are being subjected to this name check crap , everyone else seems to be doing just fine

    I have to disagree with that. Check out the names in the Writs of Mandamus lawsuits or the thread on Immig Portal about people filing writs of mandamus (http://boards.immigrationportal.com/showthread.php?p=173311)-- it is not "only Indians." It is anyone whose name, when run through FBI's name combination algorithm (http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf) (see pg 2 onwards in link), generates a hit in the FBI reference files.

    Just for the sake of illustration -- check out the names that appear in this google spreadsheet (http://spreadsheets.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en) (you need a gmail account to view it) with a list of significant recent mandamus rulings.





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  • DesiGuy
    09-12 11:29 AM
    I cannot ask my colleagues to sepnd 30 minutes on phone, but I can certainly ask them to send e-mails. They helped me during admin-fix letter campaign and they are all US citizens.
    Can someone prepare a draft for such e-mail along with all the e-mail addresses and post here?
    I can target 15 e-mails by Tuesday.

    this is GREAT idea. support fom US citizens will add lot of weight in our favor





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    07-11 01:27 PM
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    sgsg
    01-17 05:37 AM
    worst case

    I might be the worst case so far in PIMS verification delay. I attended the interview on Dec 17th at Chennai and still have not received my passport. They asked to send the original I-797 on Jan 03. I sent it on Jan 04 and after that there is no response. It is very very aggravating.





    funny
    09-09 03:34 PM
    Please call all Numbers except co-sponsors ...
    Find people And ask everyone else also to call ...

    Guys it won't take more then 15 minutes of your time..PLEASE CALL



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