amitjoey
07-09 07:00 PM
I am telling you, this is all great!!. It is working, do not doubt it. It has to be this way for a news story. This makes a great story. Also canceling orders sends wrong messages, we care for the troops fighting for us, Why cancel.
wallpaper Rosie Huntington-Whiteley is
fatjoe
10-06 02:03 PM
It happens to me too. Anything too good has always followed by something bad and vice-versa. I am just talking about the pattern. When my LC got approved, my spouse was severly ill and diagnozed with severe un-curable heart condition and is under expensive & tedious treatments now. We have to confront life as it comes and avoid making any hasty decisions based on the situation. That's the main reason, I am desparately waiting for GC, so that we could get better treatments, which I cannot even imagine to get in India.
Anyhow, here is the letter I have drafted to Napolitino. However I would like to stress the point that USCIS has to approve the applications based on PD, but lost for words. (Thanks SoP for your idea of first few sentences in this letter)
*****************
Dear Secretary Napolitano:
I would like to bring to your attention that my Green Card process is unfairly getting delayed despite the fact that all checks and clearances were completed and my application was pre-adjudicated. Above all, visa number is available as well to approve my case.
I, <name>, have filed for I-485 to adjust to permanent resident status on August 17, 2007, based on employment (EB2). My priority date is July 2004 and is current and my case is beyond the stated processing time.
I took infopass appointments twice after our dates became current and raised Service Request 40 days ago. But no action has been taken in our case so far.
I am really frustrated about the long wait, considering the fact that all checks were done and our cases have been pre-adjudicated. My frustration is not only because of the long wait, but the applications with Priority Dates later than our ours like December 2004 and January 2005 were approved. I am not sure of the pattern followed by USCIS.
Senator's office is already following up with my case. But nothing seems to be moving.
Ms. Napolitano, your action is urgently needed to approve my case as I have been waiting for more than 5 years for the green card and I am afraid that visa number may become unavailable soon.
**********
I welcome anyone's suggestions to make the letter look more professional, catchy, touchy, etc.
SoP/any one, feel free to send me a private message.
Thanks.
There has been some requests for the letter format that I sent to Napolitano and Mr. President. I can't put them in the public domain but I'll be happy to send them if you give your personal email ids.
Yesterday was a very eventful day for me...in the afternoon my wife got approved and 12 hours later we had to call in emergency 911 to take her to the hospital as she was having such strong chills and violent shakings..we all got scared and we have a 2 and half month baby on top of that.....but with strong dose of antibiotics and drips she is better and back.....wow what a day and night.....
In any case I'll answer all your queries....I feel the option 4 is the best way to get to TSC...I have always used that....congressman's office has discretionary powers and you should use that.....use strong words it is your right......they are here to serve you unlike in India where they are there to get pocket your money....no pun for my motherland but unfortunately it is true....
Try a time frame of 4:30-5:30 EST to call the TSC or NSC for that matter...ppl are in a better mood at the end of the day and on thursdays and fridays.....ping your lawyer and ask him or her to intervene......if you know for sure your case is preadjudicated write it strongly in your mails to DHS and others.
I had in fact attached the previous year letters and their responses back to me in my last mail to Napolitano and it was really quite strong.....I am sure it is hard not to take a note of it......I don't mince words and I believe that one should fight for one's rights....
I have been associated with organizations like ASHA, AID and DISHA for long and that have taught me a lot too.............
Again your attitude should be "You have nothing to loose"...so make a best case for yourself and go for it...
SoP
Anyhow, here is the letter I have drafted to Napolitino. However I would like to stress the point that USCIS has to approve the applications based on PD, but lost for words. (Thanks SoP for your idea of first few sentences in this letter)
*****************
Dear Secretary Napolitano:
I would like to bring to your attention that my Green Card process is unfairly getting delayed despite the fact that all checks and clearances were completed and my application was pre-adjudicated. Above all, visa number is available as well to approve my case.
I, <name>, have filed for I-485 to adjust to permanent resident status on August 17, 2007, based on employment (EB2). My priority date is July 2004 and is current and my case is beyond the stated processing time.
I took infopass appointments twice after our dates became current and raised Service Request 40 days ago. But no action has been taken in our case so far.
I am really frustrated about the long wait, considering the fact that all checks were done and our cases have been pre-adjudicated. My frustration is not only because of the long wait, but the applications with Priority Dates later than our ours like December 2004 and January 2005 were approved. I am not sure of the pattern followed by USCIS.
Senator's office is already following up with my case. But nothing seems to be moving.
Ms. Napolitano, your action is urgently needed to approve my case as I have been waiting for more than 5 years for the green card and I am afraid that visa number may become unavailable soon.
**********
I welcome anyone's suggestions to make the letter look more professional, catchy, touchy, etc.
SoP/any one, feel free to send me a private message.
Thanks.
There has been some requests for the letter format that I sent to Napolitano and Mr. President. I can't put them in the public domain but I'll be happy to send them if you give your personal email ids.
Yesterday was a very eventful day for me...in the afternoon my wife got approved and 12 hours later we had to call in emergency 911 to take her to the hospital as she was having such strong chills and violent shakings..we all got scared and we have a 2 and half month baby on top of that.....but with strong dose of antibiotics and drips she is better and back.....wow what a day and night.....
In any case I'll answer all your queries....I feel the option 4 is the best way to get to TSC...I have always used that....congressman's office has discretionary powers and you should use that.....use strong words it is your right......they are here to serve you unlike in India where they are there to get pocket your money....no pun for my motherland but unfortunately it is true....
Try a time frame of 4:30-5:30 EST to call the TSC or NSC for that matter...ppl are in a better mood at the end of the day and on thursdays and fridays.....ping your lawyer and ask him or her to intervene......if you know for sure your case is preadjudicated write it strongly in your mails to DHS and others.
I had in fact attached the previous year letters and their responses back to me in my last mail to Napolitano and it was really quite strong.....I am sure it is hard not to take a note of it......I don't mince words and I believe that one should fight for one's rights....
I have been associated with organizations like ASHA, AID and DISHA for long and that have taught me a lot too.............
Again your attitude should be "You have nothing to loose"...so make a best case for yourself and go for it...
SoP
unseenguy
06-18 06:41 PM
divide and rule! Last I know thats how Britain ruled India! and got control of India
2011 Rosie Huntington Whiteley
venky08
06-21 12:29 PM
some tips from Susan Henner:
Although the principal employment-based categories are current for
July,future retrogression is indeed possible later this fiscal year,
particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without any prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.
dude this is serious...that means can they stop taking application in mid month august or sept??:eek:
Although the principal employment-based categories are current for
July,future retrogression is indeed possible later this fiscal year,
particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without any prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.
dude this is serious...that means can they stop taking application in mid month august or sept??:eek:
more...
jsb
10-05 11:14 AM
Hi wc_user,
Now USCIS is on top of July 2nd and 3rd filers, especially for the applications that were transfered from NSC to TSC. You will certainly get your receipt notices with in a week.:)
Regards,
IK
wc_user,
How do you know that? I am also a July 2 filers, but no action yet !!!
Now USCIS is on top of July 2nd and 3rd filers, especially for the applications that were transfered from NSC to TSC. You will certainly get your receipt notices with in a week.:)
Regards,
IK
wc_user,
How do you know that? I am also a July 2 filers, but no action yet !!!
silverstone
01-12 11:01 PM
What about this bill and look at the following section. Does it mean EB visas will go up to 260,000. Then its good news.
http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.3938:
'Title VI SEC. 601. INCREASE IN EMPLOYMENT BASED VISAS.
Notwithstanding any other provision of law, the number of employment-based visas made available under sections 201(d) and 203(b) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1153(b)) for each fiscal year (beginning with the first fiscal year beginning after the date of the enactment of this Act) is hereby increased by 120,000'.
http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.3938:
'Title VI SEC. 601. INCREASE IN EMPLOYMENT BASED VISAS.
Notwithstanding any other provision of law, the number of employment-based visas made available under sections 201(d) and 203(b) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1153(b)) for each fiscal year (beginning with the first fiscal year beginning after the date of the enactment of this Act) is hereby increased by 120,000'.
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silverstone
01-14 09:22 PM
Here is the response I got from my Senator in TX. Looks like atleast this senator is aware of what's going on. Is there anyway the leaders at immigrationvoice.org could arrange a meeting with him in Washington to see if he can influence our cause.
Dear Dr. XXXXX:
I regret that my reply to your letter has been delayed. I strive to respond to each constituent in a timely fashion, but a technical error in an e-mail system used by the Senate prevented my reply from reaching you before today. The input that you and other Texans provide is valuable to me, and I appreciate the opportunity to respond without further delay.
Thank you for contacting me about delays in securing immigration visas. I appreciate having the benefit of your comments on this matter.
In the wake of customer complaints and concerns voiced by elected officials, U.S. Citizenship and Immigration Services (USCIS) has informed my office that it is committed to ensuring six-month processing times for all applications and petitions by the close of 2006. Though the USCIS security check process is time consuming, USCIS reforms will not compromise national security in any way. USCIS officials reported recently that streamlining efforts, together with additional resources from Congress, have enabled it to reduce the backlog for many applications. Officials are confident they will achieve their goal for all applications. I applaud this commitment to customer service and look forward to a time when all who seek to visit or immigrate to America receive a prompt decision.
It has also come to my attention that once USCIS approves a petition, many individuals must wait lengthy periods of time because of visa shortages. I recently voted to support a measure that would recapture unused visas from prior years a move which would reduce the overall waiting period for visas. I will also continue to advocate for additional opportunities for legal immigration. Our immigration laws must not favor illegal immigration, but must instead reward those who comply with the rule of law.
I appreciate having the opportunity to represent Texans in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
XXXXXXXXXXX
United States Senator
Dear Dr. XXXXX:
I regret that my reply to your letter has been delayed. I strive to respond to each constituent in a timely fashion, but a technical error in an e-mail system used by the Senate prevented my reply from reaching you before today. The input that you and other Texans provide is valuable to me, and I appreciate the opportunity to respond without further delay.
Thank you for contacting me about delays in securing immigration visas. I appreciate having the benefit of your comments on this matter.
In the wake of customer complaints and concerns voiced by elected officials, U.S. Citizenship and Immigration Services (USCIS) has informed my office that it is committed to ensuring six-month processing times for all applications and petitions by the close of 2006. Though the USCIS security check process is time consuming, USCIS reforms will not compromise national security in any way. USCIS officials reported recently that streamlining efforts, together with additional resources from Congress, have enabled it to reduce the backlog for many applications. Officials are confident they will achieve their goal for all applications. I applaud this commitment to customer service and look forward to a time when all who seek to visit or immigrate to America receive a prompt decision.
It has also come to my attention that once USCIS approves a petition, many individuals must wait lengthy periods of time because of visa shortages. I recently voted to support a measure that would recapture unused visas from prior years a move which would reduce the overall waiting period for visas. I will also continue to advocate for additional opportunities for legal immigration. Our immigration laws must not favor illegal immigration, but must instead reward those who comply with the rule of law.
I appreciate having the opportunity to represent Texans in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
XXXXXXXXXXX
United States Senator
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gdhiren
07-11 12:02 PM
Nice to know the film makers comment about our campaign. How about contacting them to get the hundreds of DVDs of 'Lage Raho Munnabhai' and send them to Walter Reed where flowers are going? Just a vague thought, I am sure someone else also mentioned similar thing earlier.
more...
bayarea07
09-12 06:38 PM
This is our last Chance, otherwise be ready to wait untill 2020 to get your Rights.
Please CALL !!!
Please CALL and create awareness among frends and family be sending link for this forum so that they can call Judiciary Commitee.
------------------------------------------------------
Update
------------------------------------------------------
We have learned that in all probability House Judiciary committee will finishing marking up HR5882 in the next committee meeting. The bill is likely to be brought to the House floor the following week. We have been told that if our bill(s) pass the House, Senate will include the language of the bill(s) in another Senate bill that has majority support. We must admit that the time is shot but its still possible.
We request everyone that starting monday, please call all the members of Judiciary committee. Thanks to the members who have already made phone calls to the lawmaker's office. We request you to please call again to show your support starting Monday.
Thanks,
Please CALL !!!
Please CALL and create awareness among frends and family be sending link for this forum so that they can call Judiciary Commitee.
------------------------------------------------------
Update
------------------------------------------------------
We have learned that in all probability House Judiciary committee will finishing marking up HR5882 in the next committee meeting. The bill is likely to be brought to the House floor the following week. We have been told that if our bill(s) pass the House, Senate will include the language of the bill(s) in another Senate bill that has majority support. We must admit that the time is shot but its still possible.
We request everyone that starting monday, please call all the members of Judiciary committee. Thanks to the members who have already made phone calls to the lawmaker's office. We request you to please call again to show your support starting Monday.
Thanks,
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dhirajs98
06-21 09:00 AM
Pappu/or anyone else,
Can you please answer questions I have mentioned below?
I have two labors
PERM EB2
Labor: Certified
PD: Dec 06
I-140: Filed in Premium Processing on May last week
RFE Received: June 1st
RFE Response Sent: June 6th
Status: No updates from USCIS
I-485: I can file based on the pending I-140
========
RIR EB3
PD: Jan 2004
Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.
==========
Question:
1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?
2. Does PD matters once I-485 is filed?
3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?
Can you please answer questions I have mentioned below?
I have two labors
PERM EB2
Labor: Certified
PD: Dec 06
I-140: Filed in Premium Processing on May last week
RFE Received: June 1st
RFE Response Sent: June 6th
Status: No updates from USCIS
I-485: I can file based on the pending I-140
========
RIR EB3
PD: Jan 2004
Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.
==========
Question:
1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?
2. Does PD matters once I-485 is filed?
3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?
more...
greencard_fever
10-02 03:23 PM
That's good news APB.
I guess it may either be the SR that I opened for my wife or the letter I wrote to Napolitano...my wife got a call from a CSR from DC and she told that her case is pending because of the Biometrics, she said she is issuing new biometrics...the speaker phone was on...and I interjected...how come I got approved w/o the Biometrics...she was clueless...I told her how many times can Biometrics notice be issued...my attorney called TSC on 10th of Sept and that time a notice was issued which we never received and then again two weeks later someone else issued another notice.....then someone else told that Biom is fine it just needs uploading and it has been two weeks since then the only thing that is happening is the Visas getting used up .....I said what's the point of FP/Biom if visas are no longer available which surely will be the case in 3 weeks....
In any case didn't expect a phone call from them so was surprised.
SoP
Hi SOP..
I was looking at all your posts and i can tell you how hard your trying to get your Wife's GC..Good Job Dude keep it up..i feel like you are fighting with USCIS to get GC...I am in a similar situtaion like you do but not same..i think my case has not been approved because of my wife's FP's was not able to read by FBI (she gave FP's 3 time in May) and never sent to USCIS by FBI..can you tell me how to escalate this issue to Napolitano or any other USCIS officals...:mad:
Thanks
GF.
I guess it may either be the SR that I opened for my wife or the letter I wrote to Napolitano...my wife got a call from a CSR from DC and she told that her case is pending because of the Biometrics, she said she is issuing new biometrics...the speaker phone was on...and I interjected...how come I got approved w/o the Biometrics...she was clueless...I told her how many times can Biometrics notice be issued...my attorney called TSC on 10th of Sept and that time a notice was issued which we never received and then again two weeks later someone else issued another notice.....then someone else told that Biom is fine it just needs uploading and it has been two weeks since then the only thing that is happening is the Visas getting used up .....I said what's the point of FP/Biom if visas are no longer available which surely will be the case in 3 weeks....
In any case didn't expect a phone call from them so was surprised.
SoP
Hi SOP..
I was looking at all your posts and i can tell you how hard your trying to get your Wife's GC..Good Job Dude keep it up..i feel like you are fighting with USCIS to get GC...I am in a similar situtaion like you do but not same..i think my case has not been approved because of my wife's FP's was not able to read by FBI (she gave FP's 3 time in May) and never sent to USCIS by FBI..can you tell me how to escalate this issue to Napolitano or any other USCIS officals...:mad:
Thanks
GF.
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chandrajp
05-22 09:57 AM
I am in a similar situation. I applied just 95 days before. My lawyer "forgot" and I applied in a rush in the end. I am hoping it will not be a problem.
My understanding is that you will remain in status even if you do not have EAD or AP. However you cannot work.
I have a meeting with my lawyer on wednesday. I will be asking her about this. I am hoping for peace of mind that this does not become an issue.
I checked with somebody in the forum like you and he got it in 2 and 1/2 months. I checked in the USCIS web site. It says you have to apply 6 months in advance. I did not know about this since I got it in a month last year when my case was in CSC.
My understanding is that you will remain in status even if you do not have EAD or AP. However you cannot work.
I have a meeting with my lawyer on wednesday. I will be asking her about this. I am hoping for peace of mind that this does not become an issue.
I checked with somebody in the forum like you and he got it in 2 and 1/2 months. I checked in the USCIS web site. It says you have to apply 6 months in advance. I did not know about this since I got it in a month last year when my case was in CSC.
more...
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Das73
05-09 11:57 AM
You should be able to file I-140 after your LC got cleared.
EB-3's visa dates are at '08-MAY-01', so you can not file I-485 until visa dates move to SEP 01[You don't need to wait for the Visa dates to current].
May be your lawyer is busy & thinking about some other case. Remind him about your priority date !
================================================== ======
Hi
My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?
Any help in answering my question is appreciated.
Thanks in advance.
================================================== ======
EB-3's visa dates are at '08-MAY-01', so you can not file I-485 until visa dates move to SEP 01[You don't need to wait for the Visa dates to current].
May be your lawyer is busy & thinking about some other case. Remind him about your priority date !
================================================== ======
Hi
My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?
Any help in answering my question is appreciated.
Thanks in advance.
================================================== ======
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sri1309
03-10 12:11 PM
VERY GOOD START. Thanks. Atlast, I am getting lot of positive comments and thoughts about the Citizenship. Let every one start working on this. Please post your response from your Senetor on your call.
Sarala,
Good job in creating the thread. Around the time when you started this or little before I too created one more asking Citizenship (I'm sure many more might have, too), but I would like to push your thread just to not divert attention to too many spots.
We will make next week as a "WEEK OF ACTION". If you see my other thread ("can we send Pizza" thread) and many others, the common routine is to get many good ideas, but not much action.
We will gather as much support as we can till this weekend and at the same time make sure we consolidate the contact information at one place who to contact, and then starting next week, we can start sending out our message as loud as we can.
We must push for 5 years GC and 10 years Citizenship. I know how much painful it canbe for someone after 11 years waiting for GC, wheras others with 6-7 years in US applying for Citizenship. Not that they got it, but why we did not get it.
And we will focus on points how we can contribute in this crisis.
Others who are directly not benefited by this action:
Please note all your seniors will be out of the queues and you will get your numbers faster.
Sarala,
Good job in creating the thread. Around the time when you started this or little before I too created one more asking Citizenship (I'm sure many more might have, too), but I would like to push your thread just to not divert attention to too many spots.
We will make next week as a "WEEK OF ACTION". If you see my other thread ("can we send Pizza" thread) and many others, the common routine is to get many good ideas, but not much action.
We will gather as much support as we can till this weekend and at the same time make sure we consolidate the contact information at one place who to contact, and then starting next week, we can start sending out our message as loud as we can.
We must push for 5 years GC and 10 years Citizenship. I know how much painful it canbe for someone after 11 years waiting for GC, wheras others with 6-7 years in US applying for Citizenship. Not that they got it, but why we did not get it.
And we will focus on points how we can contribute in this crisis.
Others who are directly not benefited by this action:
Please note all your seniors will be out of the queues and you will get your numbers faster.
more...
pictures Rosie Huntington-Whiteley
bkn96
11-25 10:52 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
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mariner5555
01-25 04:23 PM
I recently had to apply for a UK transit visa and the process went smooth as ever. I had to answer a lot of questions for both my wife and myself but after I have done that the process was easy. We just had to show up for finger printing just like for our 485s, send all the necessary documents to the correct address by (reliable) mail and just got emails that our visas have been approved. I have flown with BA before and their service is far better than any other airlines I have flown with before.
I have flown lot of airlines ..I was in merchant navy before. all airlines suck or are o.k (depends on yr view) i.e. they give you standard service.
the fact that you need a transit visa is stupid. they want to make money and in my view who ever pays for a visa for transit is a sucker.all the european airports who need TV control their airports ..not even a fly can go out unless they pass immigration customs etc - so why do they need visa !!. service in an airline depends on the mood of attendants ..so just based on one flight experience - dont say that BA is better than others.
I have flown lot of airlines ..I was in merchant navy before. all airlines suck or are o.k (depends on yr view) i.e. they give you standard service.
the fact that you need a transit visa is stupid. they want to make money and in my view who ever pays for a visa for transit is a sucker.all the european airports who need TV control their airports ..not even a fly can go out unless they pass immigration customs etc - so why do they need visa !!. service in an airline depends on the mood of attendants ..so just based on one flight experience - dont say that BA is better than others.
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apriti
06-25 04:47 PM
Yeah, I agree, but there is no other alternative.
Both cases are genuine, not involving any labor substitution, so we can only hope that they are not rejected.
We cannot file both together, becoz if one is entered in the system before the other, the second will get automatically rejected.
Both cases are genuine, not involving any labor substitution, so we can only hope that they are not rejected.
We cannot file both together, becoz if one is entered in the system before the other, the second will get automatically rejected.
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whitecollarslave
03-27 04:23 PM
IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.
Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.
There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.
You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.
The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)
I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?
Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.
There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.
You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.
The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)
I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?
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kewlchap
10-15 09:55 PM
I also spoke to Terry at NSC once. She is very nice and will try to tell you as many details as possible.
@ Alterego: Dude, when the responses you are getting are basically "under review, wait 90 days", it is much nicer to know details like storage area, exam area, and where your file is.
@ Alterego: Dude, when the responses you are getting are basically "under review, wait 90 days", it is much nicer to know details like storage area, exam area, and where your file is.
alterego
03-26 05:08 AM
I am not aware of anything that says that you need to bring this up initially in your job search. I personally wouldn't put it in my CV.
Apply for a job, as you would if you had a green card (keeping within the AC21 parameters.) If the question of visa sponsorship comes up then you can say you do not need it. I am not sure why people bring this up with their prospective employers. If you have employment authorisation, you have it, it is not employer specific, it is not site specific, it is quite broad in its scope. The employer
has to complete the I-9 like for anyone else. Any issues would be with the USCIS at the time of adjudication and that would be if AC21 rules are broken.
I think that sometimes we project our own fears onto employers and make issues when none exist. I've seen the same sort of doubts expressed about AP travel.
Folks need to grow more confident generally. For many their immigrant petitions 140s have been approved and their 485s have been pending for quite a while. They give you these interim benefits for a reason, so you can use them!
Apply for a job, as you would if you had a green card (keeping within the AC21 parameters.) If the question of visa sponsorship comes up then you can say you do not need it. I am not sure why people bring this up with their prospective employers. If you have employment authorisation, you have it, it is not employer specific, it is not site specific, it is quite broad in its scope. The employer
has to complete the I-9 like for anyone else. Any issues would be with the USCIS at the time of adjudication and that would be if AC21 rules are broken.
I think that sometimes we project our own fears onto employers and make issues when none exist. I've seen the same sort of doubts expressed about AP travel.
Folks need to grow more confident generally. For many their immigrant petitions 140s have been approved and their 485s have been pending for quite a while. They give you these interim benefits for a reason, so you can use them!
willwin
08-07 02:48 PM
Calling all EB3-I with PD before Nov 2005. Please get 3 desi firm names from Sunny_Surya and start EB2 filing. Then port your PD's.
GCCovet
I am 03/2005. I am game for this. LOL.
GCCovet
I am 03/2005. I am game for this. LOL.
