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simple1

05-01 03:38 PM

Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.

There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).

If our interpretation is correct, how many of you are willing to sue CIS??

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deziliu

05-02 07:20 PM

Hi, all:

I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.

I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

So, my questions are:

(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?

Thanks.

Bruce

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desi3933

06-28 10:11 PM

Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)

"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."


They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?


As per I-9 form

The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.


___________________
Not a legal advice

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ychuck

05-02 11:45 AM

Is there any thing on EB numbers and contry limit?

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tonyHK12

02-17 04:57 PM

thanks Madhuri, updating total...

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ub27

02-17 10:07 AM

Donated $50.
Paypal transaction ID: 4P412963A81144324

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gccovet

07-29 01:08 PM

gccovet,

no idea at all.

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

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: Card production ordered.

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

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

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


GCCovet

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laborchic

07-11 10:11 AM

Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.



This one was the best... Where did this come from??

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eb3_2004

07-19 09:37 PM

100$ for this drive....Tell us what to do

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smisachu

10-08 04:55 PM

I have the following questions to pick the brains of my fellow IV'ians:

1. I would like to change careers. Since I can have multiple employments, can I have 1 job which fits the LC job profile and second which is in a new career.
How I intend to do this is by consulting in the field of my current job (as per LC) and have full time employment in a different career.
This leads to my second question.

2. This has been asked before , but I did not see a good answer. Can you consult using 1099 or should you be on the payroll ?

3. Thirdly, Assuming I have to consult through a consultant and not through 1099;
I intend to use a consulting company. Since there are no consulting companies or I don't know any, in my current field of work (Automobile engineering) I will have to use a regular(read Desi) consultant. Is there any issue with this as the code for him will be different than the labor code of my present employer. I will put down that I am working as per the same code as my labor, but the employers code will be different. Consulting companies usually get a code which will say " Nature of business: Consulting-All kinds". Will this be sufficient?

All answers will be greatly appreciated.

Thanks

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newuser

11-17 07:44 PM

Done and sent to friends and colleagues

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sam_hoosier

12-17 02:33 PM

This is personal experience, people may have different view.

Looking at your post, I couldn't help wondering why you are still here ?

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gcForV

07-09 09:47 PM

Please do find if U need permission from local law enforcement before holding the protest.

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ash0210

03-09 12:08 PM

Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...

Still feels that GC is just a part of journey of my life...

Ash0210, how come you have been here for 12 years without GC?? Can you tell me?

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diptam

07-04 07:54 PM

I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.

Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)

Which employer would you call better ?? :)


Problem is not only with the desi companies! If you work for the so called MNC, still you will be exploited. At least if you convince your desi employer that you will work for them for X number of years, they will be ready to help you. Sometimes they will go beyond the legal limits if the get return from you. Not true with MNCs. In the name of abiding the law, the will not help you. I have seen many people work MNCs, just at the verge of getting the GC, they got laid off! No need for me to tell what happened to his GC.

So in my opinion the best way to get your GC is go thru the blood suckers! That is the price you have to pay to become citizen of this "Land of Opportunity".

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madhuthomas

08-20 09:49 AM

I applied my EAD renewal on June 19th and AP on August 1st. Both are approved today(august 20th). The Ead status is Card Production ordered.

PD- June 2003 EB3-I

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nc14

05-23 08:54 AM

Just emailed my State Senators (OH) and also the 10 Senators listed by Core Team.

If it helps, below are the Contact Form for all 10 common Seantors listed by Core Team.

Also the advise by a fellow member of using Google Autofill was awesome.

Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?FuseAction=Contact.Home
Diane Feinstein http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
John Cornyn http://cornyn.senate.gov/index.asp?f=contact&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactFor m&CFID=22272398&CFTOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?FuseAction=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform




GO IV GO..

.................................................. ..........................
$100+$20 recurring + $100 (Yesterday)

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psk79

09-18 07:17 PM

Finally, EAD card ordered on principal application.... Spouse's was ordered and received 9/12. Finally, mine was PRODUCTION ORDERED this evening.... Any others in the same boat, don't panic... they are doing them in random order....
No word on FP or AP yet.. However, any address changers, make hte online change and they are very fast... I changed my address and the 2second business day I had two letters in the mail saying that the address has been updated on my and spouse's 765 applications.. couple of days later one more that 485 address was updated and after that nothing....

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sands_14

07-02 10:33 AM

Looks like 150,000- 200,000 applications will reach by tommorrow evening and USCIS will stop accepting even if they dont revise visa bulletin.

And in such case,they will retrogress a lot more than 2003 or 2004 in august bulletin.

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xeixas

09-10 02:33 AM

It looks like prior to this visa bulletin, the DOS was just guessing the dates for the visa bulletins. Hopefully this behavior changes moving forward.

The best example to illustrate this is EB3-ROW:

1) Back in October 2006, this category was on 01MAY02. Very close to where it is right now.
2) DOS was not getting enough visas from USCIS, so they increased the date. By May of 2007 (Same Fiscal Year) the date was 01AUG03.
3) They still didn't get enough visas. So, by June of 2007 they moved it to 01JUN05.
4) The July 07 bulletin happened and after that everything became unavailable.
5) Then in October 2007, when the USCIS had not revised any of the July 07 applications, the DOS still didn't know what to expect, so they went back to 01AUG02.
6) Again, they didn't get enough applications, so they moved the date up. By January 08 they were in 15OCT02. And in Jun, they went all the way to 01JAN06. Then they became unavailable again.
7) In October of 2008 the date was in 01JAN05, which means that USCIS was not done with the July 07 cases and DOS didn't know what to expect. In April of this year they go back to 2003 (some I-485s that were received back in 2007 getting approved?) and then they became unavailable.
8) Now in October 2009 they are back in 2002.

With dates going from 2001 to 2005 then back to 2002 then up to 2006 then back again to 2002 (EB3-ROW in the last 3 years), it is easy to conclude that up until now, USCIS and DOS have been gambling with the dates. So the October bulletin could mean one of two things: 1) Either they have valid data now and the dates for this bulletin are realistic, which would be good because at least we would know now where we stand or 2) They are still gambling, which is neither good or bad, because with the previous history of movement in the dates, the dates could go back to 2006 again or even further...

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JulyFiler

10-08 06:43 PM

I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.


As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!


Let me ask you a question.

When you renew EAD what will be the start date. For example:
Lets say current EAD Expires 12/31/2007.
I apply for renewal in July say 07/01/2007.

When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?

Basically would the renewal date start from where the current one is expiring or from the dat it got approved?

Thanks

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imconfused

07-08 11:22 AM

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

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

i agree.. thats being professional and ethical..

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gc_check

06-08 01:42 PM

yea...you are right...it seems they are not processing anything today..

Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.

What is the source of the updates/information you have posted.

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fortune50

07-04 07:29 PM

My application reached to TSC on July 2 10:20 AM
I am confused now, what happens next? how much time they will take to reject our applications?
is Congress woman Lofgren's Statement going to help us?

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prachisahoo

05-09 10:28 PM

Hello Friends

We can not win this battle without attention from visual media like News Channel.

Traditionally we Indians are known to be camera shy silent listeners. But without the news and print media this issue will not catch enough attention from Washington to be debated. So, we have to come out of our shells and share emotional stories over news media. An inexpensive way of doing this without having to travel to any place would be to just switch on our webcam or camcorder and speak. We have to speak about the pains and put it into a story format. The content should highlight on the inefficiencies in the system , the discriminatory policies and loss to America because of the system. We definitely have to raise the following 2 issues

- recapture of lost visas over past years
- Per country visa limit

If we send thousands of these recordings as I-Reports to CNN over 2-3 days period, CNN will definitely do a story on our issue and that will catch public attention. We can decide to remain anonymous when sending the I-Reports too. We can probably do similar stuff with other news media. This will cost us nothing and will create enough news to drag attention.

What's your opinion on this ?

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fundo14

05-30 10:43 AM

I think it will be smooth. Landing by road is easier than by air. You need to do the following as soon as you have landed. I recommend you land early in the morning as gov. offices are closed at noon:

1. Locate an HR office and get your SIN number. This will take 30 min to an hour once you are there. You will need to show your Passport and COPR document as a proof.

2. Locate the medical insurance office and obtain your medical insurance card.

3. Go to the post office and obtain a PO box.

4. Open a bank account. Use the PO box address as mailing addres.

Good luck.

Marty,

Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?

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cbpds

09-09 07:45 PM

Totally agree with you dude, is IV doing anything about this issue?

Dont bark at not donating, will donate if this issue is given serious consideration as well.

Getting sick of this movement in dates.

Illegal guy in US makes more money & without any hassle.

Trying to stay legally hurts very much for the past 9 years.

Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.

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xbeartai

05-23 01:52 PM

Link:
http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists
/thomaslfriedman/index.html?inline=nyt-per
By THOMAS L. FRIEDMAN

Published: May 23, 2007

First I had to laugh. Then I had to cry.

I took part in commencement this year at Rensselaer Polytechnic Institute,
one of America's great science and engineering schools, so I had a front-row
seat as the first grads to receive their diplomas came on stage, all of
them Ph.D. students. One by one the announcer read their names and each was
handed their doctorate - in biotechnology, computing, physics and
engineering - by the school's president, Shirley Ann Jackson.

The reason I had to laugh was because it seemed like every one of the newly
minted Ph.D.'s at Rensselaer was foreign born. For a moment, as the foreign
names kept coming - "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" - I thought that
the entire class of doctoral students in physics were going to be Chinese,
until "Paul Shane Morrow" saved the day. It was such a caricature of what
President Jackson herself calls "the quiet crisis" in high-end science
education in this country that you could only laugh.

Don't get me wrong. I'm proud that our country continues to build
universities and a culture of learning that attract the world's best minds.
My complaint - why I also wanted to cry - was that there wasn't someone from
the Immigration and Naturalization Service standing next to President
Jackson stapling green cards to the diplomas of each of these foreign-born
Ph.D.'s. I want them all to stay, become Americans and do their research and
innovation here. If we can't educate enough of our own kids to compete at
this level, we'd better make sure we can import someone else's, otherwise we
will not maintain our standard of living.

It is pure idiocy that Congress will not open our borders - as wide as
possible - to attract and keep the world's first-round intellectual draft
choices in an age when everyone increasingly has the same innovation tools
and the key differentiator is human talent. I'm serious. I think any foreign
student who gets a Ph.D. in our country - in any subject - should be
offered citizenship. I want them. The idea
that we actually make it difficult for them to stay is crazy.

Compete America, a coalition of technology companies, is pleading with
Congress to boost both the number of H-1B visas available to companies
that want to bring in skilled foreign workers and the number of employment-
based green cards given to high-tech foreign workers who want to stay here.
Give them all they want! Not only do our companies need them now, because we
're not training enough engineers, but they will, over time, start many more
companies and create many more good jobs than they would possibly displace.
Silicon Valley is living proof of that - and where innovation happens
matters. It's still where the best jobs will be located.

Folks, we can't keep being stupid about these things. You can't have a world
where foreign-born students dominate your science graduate schools,
research labs, journal publications and can now more easily than ever go
back to their home countries to start companies - without it eventually
impacting our standard of living - especially when we're also slipping
behind in high-speed Internet penetration per capita. America has fallen
from fourth in the world in 2001 to 15th today.

My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal
Democracy Forum. They are trying to make this an issue in the presidential
campaign by creating a movement to demand that candidates focus on our
digital deficits and divides. (See: http://www.techpresident.com <http://www.techpresident.com>.) Mr. Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child
Connected."

Here's the sad truth: 9/11, and the failing Iraq war, have sucked up almost
all the oxygen in this country - oxygen needed to discuss seriously
education, health care, climate change and competitiveness, notes Garrett
Graff, an editor at Washingtonian Magazine and author of the upcoming book "
The First Campaign," which deals with this theme. So right now, it's mostly
governors talking about these issues, noted Mr. Graff, but there is only so
much they can do without Washington being focused and leading.

Which is why we've got to bring our occupation of Iraq to an end in the
quickest, least bad way possible - otherwise we are going to lose Iraq and
America. It's coming down to that choice.

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grupak

08-05 10:51 AM

These guys are not consistent. I should have gotten a 2 year EAD.

Dunno who to take this up with.

Sorry to hear they gave you 1 yr EAD.

I don't know why USCIS just don't make their ( and our) life simpler by just issuing 2yr EADs. Deciding how close to current is close enough for 1 yr EAD is extra effort. If its a funding issue, they can give the customer the option for multi-year EAD and extra fee.

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RSM1444

02-10 07:07 PM

Donated $100

Your transaction ID for this payment is: 0L503528GU222744P.

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gckalafda

03-25 04:30 PM

I have postponed my finger prints when I was in India back in Oct 2007, and I haven't got yet, should I ask them send it again or should I wait untill they send it to me.

I heared some where in the forum that when your comeback to India they took fingerprints at the prot of entry and that is sufficient.

Is that true?

Guru's Please reply if you have any Idea.

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gvenkat

01-30 04:47 PM

The morons taking the high moral ground need to make a reality check. let me state that i came here on F1 did my master's and got a job. so i'm not one of those sleazy guys who bent the rules according to these morons.

there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...

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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

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anzerraja

07-19 08:27 PM

Could you please help us doing that ? I asked GSC999 for the same thing. There is no reply yet.

can you create an excel sheet in google and share it so that it is easy to track the contribution

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ashish3

11-21 11:01 AM

Mehul,

I am very sorry and shocked to hear this news. I pray to GOD so don't lose hope.. everything will be OK .... I think taking second/third opinion is going to help and as far as your wife Immigiration case .. I think some members mentioned about talking to Attorney .. You can also drop a email to Sheila Mutrhy and Rajive Khanna. I am sure they will come out and help...


Please don't lose hope... everything will be OK...

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alterego

03-07 03:54 PM

I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.

People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.

A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.

Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.

Everyone should try to understand the reality that we are in.

I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.

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jungalee43

11-17 03:24 PM

Done. It correctly showed the representitive and the senators. But I am not sure it went. Particularly the screen of advacacy to send mail to 6 frineds kept on coming up. If I don't receive confirmations to my account, I will send once again. Or I will call them also.

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new_horizon

03-05 03:59 PM

I landed in Jan08 thru Windsor border in Michigan. I drove in my car to CA. You'll go to the immigration officer who'll check your landing docs, and then ask you to sign the landing document. Then show them the proof of funds. I had a cashier's check for the amount. Then you'll be asked for an address in CA. If asked tell them you are planning to settle at the address. If you say you are returning to US, they'll not give you the PR card saying when you come to live in CA they'll issue it. I made that mistake. They stamp your passport with the entry stamp. Without a PR card you can't enter CA at an airport. Your only option is driving to CA thru a land border. They'll let you in with just the stamp on the PP. Fortunately I live close to Windsor border.
As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.

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myvoice23

08-13 12:14 PM

Hi,

Did you receive any CPO email or welcome notice sent email?

Good luck!

Yes I received Welcome notice (I-797C approval notice). I am still waiting for my cards.

Today my status got changed to

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Approval notice sent.

On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

So I am expecting my cards should arrive by friday (aug 15th).

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aka

06-18 12:23 PM

I-140 already approved, I-485 details (same for both me and my wife):

Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07

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zoooom

07-19 06:48 PM

Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.

Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives

========================
Message from Pappu:

Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.

"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"

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hiralal

05-02 10:13 PM

even if the law was interpreted incorrectly by the lawyer ...I wonder if they can do a admin fix ??? this is definitely beneficial for many people ..for e.g. those who are homeowners, etc etc ...atleast the primary spouse can change fields etc etc
...wonder if we should have a campaign for this ?

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dingudi

11-05 03:22 PM

Hi,

I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.

She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.

She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.

So I guess, perseverance does pay off :)

Hopefully we can get this FP out of the way soon enough.

FYI I am a Bay Area resident.


I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.

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a2006

05-02 01:57 PM

The derivative files using primary's PD. read all posts in this thread, the I485 form and INA. it is clearly in the law.

This thread is discussing about quota. not PD.

In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?

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conchshell

05-11 08:49 PM

Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.


You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.

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mukpatel

06-08 06:12 PM

My attorney said ideally they have to accept I-485 till 30 June, but during last 20 years of his experience, 3 times it happened that the date was retrogated in middle of the month. So June visa dates can go back. Act fast and apply I-485 if not done yet !!!

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desi3933

07-09 02:27 PM

where is the attachment?

Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.


Question 8. Can an alien port to self-employment under INA � 204(j)?

Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............

.

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reddymjm

06-08 06:48 PM

How did you get this information so fast? Did you call them?
you can see the LIN# on the back of the check. i gave my own checks for the fees.

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akred

05-24 02:31 AM

Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year.


Hmm, so one would conclude that immigrants work harder than the natives. What is stopping the natives from working as hard? At the very least the immigrants are keeping natives honest and increasing competitiveness.

You also misunderstand the chief reason why younger employees work long hours. It is because they want to learn and become more productive in the future, so they can make more money, not because their job depends on it.



The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.


This may well be true for illegals. In fact it is true for any work that is well understood.

By its very nature high skilled workers are expected to perform leveraged work where there isn't a direct correlation between results achieved and the number of hours worked.




For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.


See my comment above about leveraged work. This applies all the way to the CEO, and is the reason for insane salaries. As for the point about salary inequality, US income equality is better than Mexico's and significantly worse than India's, so there may be something there contributing to angst amongst Americans.

http://en.wikipedia.org/wiki/List_of_countries_by_income_equality

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tonyHK12

02-24 03:30 PM

deleting...

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mariner5555

04-30 02:02 PM

I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual. it is vague and could as well be inaccurate. I know that lot of people from georgia did get their GC's in EB3 with pd ..dec 2003. I am guessing that for many states the dates are similar except for california and NY ..but then there were lot of companies that closed down ..ofcourse labor subs changed things too for the worse. also 19000 visas went to eb3 I ..last year I think. so overall numbers may not be that high till 2004 mid I guess

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Rohan99

10-12 12:42 PM

Whatever bluesky1 said is true...finally they opened our box. Today I called and rep gave me only I-485 receipt number and told me to wait for mail. USCIS likes everyone to wait for every thing......I have no more information but as soon as I get mail I will post all the info.

3rd july people should call now and I am definite we all were sitting in same box.


What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....

Receipt is from NSC



I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
Hope every one of us will receive our receipts, EAD and AP asap.

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brb2

10-05 02:26 PM

If Democrats win CIR will be passed including relief for legals. But since USCIS will be deluged with (no surprise - no money to tackle the load) it will be an "unofficial retrogression" which Texas service center has always had. A lot of people with 01 and 02 priority dates were "current" for a long time, then it was incompetance and delays at TSC, later it was retrogression.

If republicans win (slim chance they will hold on to the majority in both house and senate assuming Foley scandal does not cause much more damage) then CIR is in the waste basket. Though Agjobs will come back because labor shortage is causing havoc on fruit farms and fruit is rotting on trees. Skill bill is guarenteed, but very little legalization for illegals.

Some people here seem to have a lot of hopes on the Democrats. But the proceedings of the CIR bill showed likes of senators from ND (which by no stretch of mind is affected by illegals!), CA (Diane), IL (Obama) how much they were against legal immigration. Other than Cornyn and to some extent Specter I did not see much sympathy for the legal immigrants. Even the Hispanics have realized Obama is against legalization and are now reconsidering support for him.

As to some ones request to remove posts critical of one or the other political party - as long as the discussion is civil, there is nothing wrong in analyzing the situation and predicting the future. If anything, those Democrats who are subtly anti-legal immigration will realize they are drawing new immigrants (who are traditionally democratic at least initially) in the arms of republicans.

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nmdial

09-09 10:03 AM

I read this as a status message of a CEO sometime back on linkedin:

An egg, when broken from inside, brings in new life but if broken from outside, kills it.

Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.

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hoolahoous

08-20 10:44 PM

Okay guys.. now the journey is over for me. I finally got my physical cards in mail. for some reason I never got CPO email/text. All I got decision and post decision emails. Since it had been couple of weeks since decision I was getting uneasy (because of no CPO).. but I got physical cards in mail today !

best of luck to everyone waiting.

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viveckj99

10-02 03:32 PM

I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
Vivek

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ghost

11-18 10:37 AM

Done...thanks!

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chantu

07-21 07:01 PM

Priority Date - Nov 2006
EAD Renewal Mailed - July 12, 2008
Received by USCIS - July 14,2008
Notice Date - July 15, 2008
Received Receipts - July 21, 2008

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GC08

07-08 08:28 PM

140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.

If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.

If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.

Sounds like either way, they were wrong. :cool:

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prakgc

05-12 01:24 PM

Hi.. still no FP notice for me and my wife.. am a July 3rd filer with case transferred to TSC with a sept 10th notice date..

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

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

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

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

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Dhundhun

02-05 07:01 PM

Just a correction - as I remember. 3 Yr in past 4 years for Citizenship

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gcspace

10-02 08:53 PM

I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
Vivek

Hi Vivek,
What time was your package delivered on July 16th

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Openarms

03-10 04:32 PM

Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.
I disagree

1) Mr.Obama (Change) alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs right.. just because of economy is bad that does not mean people stop eating and kids stop going school.

2) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eleminate this huge backlog)

3) IV says they have agenda but nobody knows what thier laundry list is.

4) We need to work for lifting this country quota ... this is the only way out.

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