syzygy
07-10 09:53 AM
I am sure Mrs Emillo will get lot of flowers tonight :)
I am telling you guys, the USCIS is gonna SERIOUSLY think "Lets keep screwing these guys and getting free stuff AND free publicity"
I am telling you guys, the USCIS is gonna SERIOUSLY think "Lets keep screwing these guys and getting free stuff AND free publicity"
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vikki76
10-21 02:37 PM
My labor was filed in July 04 on EB2, but approved under EB3 category only. My attorney contacted uscis to with the amendment saying that my LC should have been approved under EB2 category. Finally, got a letter from uscis in Feb 2007 that my LC was approved under EB2. Could that be the reason that I did not get GC yet even my PD is current.
Please contact IO using POJ method or send a follow up email to your service center asking about your PD and categorisation. Once you know what is in their system (EB2 or EB3 ?) , then you can follow up with them to rectify it.
AFAIK, in inter-filling,applicant has to do lot of followups to get correct PD on their file.
Please contact IO using POJ method or send a follow up email to your service center asking about your PD and categorisation. Once you know what is in their system (EB2 or EB3 ?) , then you can follow up with them to rectify it.
AFAIK, in inter-filling,applicant has to do lot of followups to get correct PD on their file.
sundarpn
01-16 08:33 PM
Are we talking some automated system at KCC that may be used as an indication of whether one passes PIMS check? ?
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whitecollarslave
03-27 12:08 AM
There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc
From their Employee Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf
If an employer has denied you work or fired you because she or he will not accept your work authorization as proof of your legal right to work in the U.S., or they only hire U.S. citizens or permanent residents, she or he is breaking the law. You need to show the employer the List of Legal Work Papers on the left. If the employer still insists on seeing a particular document, or refuses to hire you, call OSC right away.
From their Employer Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf
As an employer, to avoid employment discrimination based on nationality or citizenship status, you must -
Treat all people the same in announcing the job, taking applications, interviewing, offering the job, verifying eligibility to work, hiring, and firing.
From OSC Update newsletter April 2004:
http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf
...various internet job boards list numerous job postings requiring that applicants be U.S. citizens or permanent residents (or “green card” holders) only. In addition, many job postings, especially for positions in the high tech industry, express a preference for H-1B visa holders only. In most cases, it is unlawful discrimination to require job applicants to have a particular citizenship status or immigration status. An employer may require U.S. citizenship or permanent residence for a particular job only when required by law, regulation, or government contract.
FAQ:
2. Can’t I just require that applicants have a “green card?”
No. A “green card only” (generally used to refer to a permanent resident card) policy will almost always violate federal antidiscrimination law.
If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.
If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.
In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.
Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.
From their Employee Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf
If an employer has denied you work or fired you because she or he will not accept your work authorization as proof of your legal right to work in the U.S., or they only hire U.S. citizens or permanent residents, she or he is breaking the law. You need to show the employer the List of Legal Work Papers on the left. If the employer still insists on seeing a particular document, or refuses to hire you, call OSC right away.
From their Employer Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf
As an employer, to avoid employment discrimination based on nationality or citizenship status, you must -
Treat all people the same in announcing the job, taking applications, interviewing, offering the job, verifying eligibility to work, hiring, and firing.
From OSC Update newsletter April 2004:
http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf
...various internet job boards list numerous job postings requiring that applicants be U.S. citizens or permanent residents (or “green card” holders) only. In addition, many job postings, especially for positions in the high tech industry, express a preference for H-1B visa holders only. In most cases, it is unlawful discrimination to require job applicants to have a particular citizenship status or immigration status. An employer may require U.S. citizenship or permanent residence for a particular job only when required by law, regulation, or government contract.
FAQ:
2. Can’t I just require that applicants have a “green card?”
No. A “green card only” (generally used to refer to a permanent resident card) policy will almost always violate federal antidiscrimination law.
If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.
If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.
In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.
Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.
more...
english_august
07-11 12:22 PM
ABC NEWS missing.
Boston Globe article is just a reprint of Reuters piece - so I did not include that.
I cannot find the link to ABC coverage. Can you please PM it to me?
Boston Globe article is just a reprint of Reuters piece - so I did not include that.
I cannot find the link to ABC coverage. Can you please PM it to me?
mheggade
10-29 11:45 AM
done:cool:
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nozerd
01-24 01:23 PM
You are wrong. Even with valid H visa you need TV for UK. My wife had valid H4 visa in passport during her last visit to India and she had to return home from the airport and pay extra $ 250 and travel next day via Paris.
According to check in agent per UK rules even if you have a valid visa but have not travelled intyernationally within last 12 months you need TV.
So its not just for ppl who have AP or expired visa, thoise who have valid H visas but havent travelled out in last 12 months also need it.
For those in South ( Texas, Oklahoma, New Mexico, Louisiana) best way to go to India is new Emirates direct flight between Houston and Dubai and then onward to India.
I have had 3-4 friends fly this route since they started flying in November 2007 and they have nothing but praise for everything. These guys have excellent food and entertainment and no transit visa hassels plus duty free sopping in Dubai is good.
According to check in agent per UK rules even if you have a valid visa but have not travelled intyernationally within last 12 months you need TV.
So its not just for ppl who have AP or expired visa, thoise who have valid H visas but havent travelled out in last 12 months also need it.
For those in South ( Texas, Oklahoma, New Mexico, Louisiana) best way to go to India is new Emirates direct flight between Houston and Dubai and then onward to India.
I have had 3-4 friends fly this route since they started flying in November 2007 and they have nothing but praise for everything. These guys have excellent food and entertainment and no transit visa hassels plus duty free sopping in Dubai is good.
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ivar
08-20 10:47 AM
Dear IV friends,
One news, call to india free for 24.99 from vonage plan starts today.
Thanks.
One news, call to india free for 24.99 from vonage plan starts today.
Thanks.
more...
485Mbe4001
10-03 03:51 PM
What is the root cause for namecheck issues ? the Ombudsmans report mentions
a) the value/benefit of the name check process is undecided.
b) lack of resources and funding to process all the name checks.
(premium processing will provide those funds)
immigration relief like recapture, more visas etc require congressional approval and i dont think we will see any till mid 2009 after the election is settled.
Like 140 premium that program will be first suspended and then dumped eventually because there are resource and Process problems internally.
Unless you fix root causes - these Premium things ain't going to work.
a) the value/benefit of the name check process is undecided.
b) lack of resources and funding to process all the name checks.
(premium processing will provide those funds)
immigration relief like recapture, more visas etc require congressional approval and i dont think we will see any till mid 2009 after the election is settled.
Like 140 premium that program will be first suspended and then dumped eventually because there are resource and Process problems internally.
Unless you fix root causes - these Premium things ain't going to work.
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mdy_tvr
05-07 04:45 PM
Guys,
My current situation is that my wife and I applied for 485 separately.
my wife's PD is 2007 ( 485 applied in Aug 2007 )
I applied for 485 in Oct 2007, Since my PD is 2003 and is current as of now ( my 140 is pending ), I talked with our companys lawyer on what options do I have with regards to my wife's 485.
My lawyer suggested 2 options.
1. File 485 again for my wife as a spouse derivative. As per lawyer, this is very common and has experienced with these kind of situations.
2. Instead of filing a second 485 for my wife, just write a request letter to move her pending 485 to my 485 as a derivative. If this porting is successful, she cannot move back to her own 485.
I know some of us have gone with option#(1), but since option(2) involves very less paper work, did any of you have used this option so far?
I am confused as to which one to choose. My lawyer spelled diplomatic when asked about which option is better/safer:-)
Thanks
mdy_tvr
My current situation is that my wife and I applied for 485 separately.
my wife's PD is 2007 ( 485 applied in Aug 2007 )
I applied for 485 in Oct 2007, Since my PD is 2003 and is current as of now ( my 140 is pending ), I talked with our companys lawyer on what options do I have with regards to my wife's 485.
My lawyer suggested 2 options.
1. File 485 again for my wife as a spouse derivative. As per lawyer, this is very common and has experienced with these kind of situations.
2. Instead of filing a second 485 for my wife, just write a request letter to move her pending 485 to my 485 as a derivative. If this porting is successful, she cannot move back to her own 485.
I know some of us have gone with option#(1), but since option(2) involves very less paper work, did any of you have used this option so far?
I am confused as to which one to choose. My lawyer spelled diplomatic when asked about which option is better/safer:-)
Thanks
mdy_tvr
more...
raidohri
06-15 12:25 PM
I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485
Medical Examination of Aliens Seeking Adjustment of Status - I-693
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765
Application for Travel Document - I-131
Affidavit of Support - I-134
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
__________________
We Are Legal Aliens, Legal Aliens on a path to become Legal Permanent Residents and ultimately citizens. Let's stop calling ourselves H1B high tech temp workers - and I changed my signature in the morning of one fine day when all dates became current
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485
Medical Examination of Aliens Seeking Adjustment of Status - I-693
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765
Application for Travel Document - I-131
Affidavit of Support - I-134
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
__________________
We Are Legal Aliens, Legal Aliens on a path to become Legal Permanent Residents and ultimately citizens. Let's stop calling ourselves H1B high tech temp workers - and I changed my signature in the morning of one fine day when all dates became current
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jo3350
04-17 09:03 PM
Yes this is true. last year i my wife's EAD was dealyed after 90 days so i walked into a USCICS centre and they said they no more issue INTERIM EAD's.
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seekerofpeace
10-07 12:19 AM
gbof,
I resent it to your hotmail account the one that you gave. Let me know
SoP
I resent it to your hotmail account the one that you gave. Let me know
SoP
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485Mbe4001
09-24 02:49 PM
no...
You are assuming that the spillover from remaining countries in EB3 will be allocated to EB3 I/C/P/M. The spillover rules that changed in 2007 will ensure that those visas will first go to E1 -> EB2 and then fall to us if there is an overflow. Unfortunately that will not happen because there are many retrogressed individuals in EB2 and they will get the visas first.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
NACARA program = 40180-5000=35180
(refer Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002)
deduct 15% for consular processing = 29903
again consider 5 different Chargeability Areas
such as CHINA mainland born, INDIA, MEXICO, PHILIP-PINES and rest = 29903/5= 5980
Worst case scenario, USCIS will have 5980 visas available for FY 2010.
Now, if you compare data published by USCIS on pending cases can we guess
we should see forward movement for EB3I at least July-2002 by end of FY 2010 ?
Is it fair assessment?
You are assuming that the spillover from remaining countries in EB3 will be allocated to EB3 I/C/P/M. The spillover rules that changed in 2007 will ensure that those visas will first go to E1 -> EB2 and then fall to us if there is an overflow. Unfortunately that will not happen because there are many retrogressed individuals in EB2 and they will get the visas first.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
NACARA program = 40180-5000=35180
(refer Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002)
deduct 15% for consular processing = 29903
again consider 5 different Chargeability Areas
such as CHINA mainland born, INDIA, MEXICO, PHILIP-PINES and rest = 29903/5= 5980
Worst case scenario, USCIS will have 5980 visas available for FY 2010.
Now, if you compare data published by USCIS on pending cases can we guess
we should see forward movement for EB3I at least July-2002 by end of FY 2010 ?
Is it fair assessment?
more...
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SunnySurya
08-07 11:33 AM
Good for you...
People there are thousands of cases like this. Most of them in 2002,2003,2004 and 2005 range..SunnySurya and Rollling_Fraud,
Good news for your guys. I am EB3 but recently my labor got approved in EB2 and very soon I am going to port PD from old labor. :DHa..:Dha..:Dha..You can�t stop me and very soon I am going to stand in front of you in EB line.
Note: Please post your reply ASAP. I am compiling your posts and will send this in �Best Joke of the Year� challenge.
People there are thousands of cases like this. Most of them in 2002,2003,2004 and 2005 range..SunnySurya and Rollling_Fraud,
Good news for your guys. I am EB3 but recently my labor got approved in EB2 and very soon I am going to port PD from old labor. :DHa..:Dha..:Dha..You can�t stop me and very soon I am going to stand in front of you in EB line.
Note: Please post your reply ASAP. I am compiling your posts and will send this in �Best Joke of the Year� challenge.
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claudia255
07-14 07:01 AM
I only caught part of a report on Lou Dobbs regarding Beckham's visa. He received an O-visa. The Department of State (http://travel.state.gov/visa/temp/types/types_1271.html) does not give the number of these visas issued every year. However, the reporter on Lou Dobbs (http://transcripts.cnn.com/TRANSCRIPTS/0707/13/ldt.01.html) claimed there were over 12,000 of those given out last year . Where did they get that number?
more...
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Openarms
03-10 04:10 PM
This is a great idea and please continue this effort and will do for any contributions. Let us know the action item.
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lavenyahs
05-24 12:10 PM
My father tried to get a Non Availability certificate but they told since the birth is registered they can't issue one and that they also won't change the name...:mad: (after the incident where that MP tried to sneak people into Canada they are very strict it seems)
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singhsa3
08-20 10:29 PM
One question to all the smart people on this forum:
In the old system, if EB1, Eb2 and EB3 ROW are current then "all" unused visa from all the EB category be given to which category first:
a) EB1 Non Row
b) Eb2 Non Row
c) Eb3 Non Row
d) None of the above
Now second part of the question is :
If that category already has enough people in line, will the spillover to the next category will take place:
a) Yes
b) No
In the old system, if EB1, Eb2 and EB3 ROW are current then "all" unused visa from all the EB category be given to which category first:
a) EB1 Non Row
b) Eb2 Non Row
c) Eb3 Non Row
d) None of the above
Now second part of the question is :
If that category already has enough people in line, will the spillover to the next category will take place:
a) Yes
b) No
mirage
08-07 04:00 PM
Your Logic is Illogical in the first place...
In Labor substitution, a person who lands in US last friday, could substitute a labor and get ahead in line of a 2002 guy.
In Porting case he/she is the original beneficiary. So you comparing Porting to Labor Substitution is totally illogical...
PD porting is another labor sub in making. I hope I have presented my case logically to show who all are the people who are in position to be benefitted by this rule. Of course there will be some genuine cases too but on other hand think about the people in Eb2 line that will be severely affected.
In Labor substitution, a person who lands in US last friday, could substitute a labor and get ahead in line of a 2002 guy.
In Porting case he/she is the original beneficiary. So you comparing Porting to Labor Substitution is totally illogical...
PD porting is another labor sub in making. I hope I have presented my case logically to show who all are the people who are in position to be benefitted by this rule. Of course there will be some genuine cases too but on other hand think about the people in Eb2 line that will be severely affected.
nkalpana
02-04 06:07 AM
L1 Blanket visa, from the a very reputed company, Jan 16th interview, visa was approved (i.e. no 221g), no information from Consulate, no idea as to what is delaying the stamping.
Hope it comes in tomorrow!
Regards,
NK
Hope it comes in tomorrow!
Regards,
NK
