brb2
08-05 08:44 PM
It will not help. Your aliases will be checked too. If you look at the names of 3000 or people stuck in name check, it is mostly Indians, Chinese, Russsians and a smattering of some Arab names from all over the world including middle east and Africa. Most are men. Evidently, this is racial and religious profiling based on "classified criterion". It will be interesting if AILA files a class action suit against FBI/USCIS by a whole class of people targetted, who in most cases have nothing to do with any crime.
http://www.petitiononline.com/nc082505/petition.html
Look up the names of people stuck in name check to see how common names like Singh, Kaur and Kumar are caught up. Shows how intelligent the alogrithm is!
my lastname is unique.
will it help ?
http://www.petitiononline.com/nc082505/petition.html
Look up the names of people stuck in name check to see how common names like Singh, Kaur and Kumar are caught up. Shows how intelligent the alogrithm is!
my lastname is unique.
will it help ?
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imneedy
05-19 11:14 AM
Yes it is a concern that I have to address. However I see 2 ways to work around it.
1. Travel out of country get H4 stamping done based on my current H1B status
or
2. I apply for I-485 and add my wife later to the application when we have received her H4. In this case, once I have applied, I can add my wife to the application even if the dates are not current at that time.
If I were you and my priority dates were current, I would go for 1 above [get H-4 stamped ASAP and enter in US and apply for I-485].
1. Travel out of country get H4 stamping done based on my current H1B status
or
2. I apply for I-485 and add my wife later to the application when we have received her H4. In this case, once I have applied, I can add my wife to the application even if the dates are not current at that time.
If I were you and my priority dates were current, I would go for 1 above [get H-4 stamped ASAP and enter in US and apply for I-485].
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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WaldenPond
01-02 10:30 PM
WaldenPond,
I send u a PM.
--MC
Thanks mchundi. I replied to your PM. Please continue to contribute to this forum with ideas, information and participation that would help everybody here. Your participation is very important as it motivate others.
Thanks again.
WaldenPond
I send u a PM.
--MC
Thanks mchundi. I replied to your PM. Please continue to contribute to this forum with ideas, information and participation that would help everybody here. Your participation is very important as it motivate others.
Thanks again.
WaldenPond
more...
Lasantha
05-15 12:35 PM
Do I have to have 140 approved for getting EAD, I can file jointly now --- which I will be - So will i get my EAD before 140 is approved.
Thanks
No, you can still get your EAD while your I-140 is pending as long as your PD is current and you can file for 485. But I would not change jobs with AC21 till the I-140 is approved, if I were you.
Thanks
No, you can still get your EAD while your I-140 is pending as long as your PD is current and you can file for 485. But I would not change jobs with AC21 till the I-140 is approved, if I were you.
imh1b
10-25 04:11 PM
IV should send a letter to Vonage CEO asking to put pressure on Obama and Senators to approve GCs quickly. We have been very good customers of Vonage.
What a stupid idea.
Why don't you write a letter to the CEO and threaten to cancel your vonage subscription if the CEO does not help you get a green card.
Let us see if you choose to do it and lose your $10-15 dollars of savings every month via Vonage in the interest of gaining your greencard!!!
What a stupid idea.
Why don't you write a letter to the CEO and threaten to cancel your vonage subscription if the CEO does not help you get a green card.
Let us see if you choose to do it and lose your $10-15 dollars of savings every month via Vonage in the interest of gaining your greencard!!!
more...
sledge_hammer
07-10 12:12 PM
http://www.immigration-law.com/
07/10/2007: Response of USCIS Director to Visa Bulletin Fiasco Related Flower Campaign
We reported yesterday that foreign professionals have been sending flowers to the heads of involved agencies with a message of protest for the ongoing visa bulletin fiasco. Dr. Emilio Gonzalez responded to such flower campaign in the USCIS site. The flower campaign appears to be a gesture from the community of foreign professionals to thaw out the tension created by the fiasco and at the same time calling the agency leaders' swift attention to the problem and sufferings of the foreign professionals and their family members. This camapaign has been initiated and pushed ahead by the immigrationinvoice.com group. Salute to the members of this group for the job well done.
07/10/2007: Response of USCIS Director to Visa Bulletin Fiasco Related Flower Campaign
We reported yesterday that foreign professionals have been sending flowers to the heads of involved agencies with a message of protest for the ongoing visa bulletin fiasco. Dr. Emilio Gonzalez responded to such flower campaign in the USCIS site. The flower campaign appears to be a gesture from the community of foreign professionals to thaw out the tension created by the fiasco and at the same time calling the agency leaders' swift attention to the problem and sufferings of the foreign professionals and their family members. This camapaign has been initiated and pushed ahead by the immigrationinvoice.com group. Salute to the members of this group for the job well done.
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kewlchap
10-12 01:11 PM
@ vikki, fatjoe:
There are 3 broad areas where your app can be:
1. In a huge storage area somewhere off site -> Contractor pulls out your app and transports it to NSC based on the list that NSC gives him.
2. In a holding area within NSC. -> Waiting for IO to pick it up.
3. On the desk of an IO.
If your app is in either state 2 or 3, the response from USCIS will be "your case has been assigned to IO".
My suggestion is ask them:
1. Has my case been pulled out of the storage area? If not, could you please request that [An IO can do this and I think this was the most useful thing in my case. She said that she will make a request to the contractor to get my case pulled out].
2. Has my case been picked up by an IO or is it still waiting in the holding area? If it has been picked up by an IO, nothing you can do except filling out 7001 form. If it has not been picked up by an IO, ask on the phone if an email can be sent to him advising that your case is current and waiting.
So, broadly, your goal should be to get your app moving from state 1 to state 3. Once an app lands on IO desk, it will take between 10-30 days to get it approved.
Hope this helps.
There are 3 broad areas where your app can be:
1. In a huge storage area somewhere off site -> Contractor pulls out your app and transports it to NSC based on the list that NSC gives him.
2. In a holding area within NSC. -> Waiting for IO to pick it up.
3. On the desk of an IO.
If your app is in either state 2 or 3, the response from USCIS will be "your case has been assigned to IO".
My suggestion is ask them:
1. Has my case been pulled out of the storage area? If not, could you please request that [An IO can do this and I think this was the most useful thing in my case. She said that she will make a request to the contractor to get my case pulled out].
2. Has my case been picked up by an IO or is it still waiting in the holding area? If it has been picked up by an IO, nothing you can do except filling out 7001 form. If it has not been picked up by an IO, ask on the phone if an email can be sent to him advising that your case is current and waiting.
So, broadly, your goal should be to get your app moving from state 1 to state 3. Once an app lands on IO desk, it will take between 10-30 days to get it approved.
Hope this helps.
more...
gc0402
06-22 10:16 PM
Hello,
I'm on H1B and eligible to file I-485 (PD Apr'04 , I-140 approved) and my son was living with us (me and my wife). He joined undergraduate course in Canada in Sep'2006. He visits us frequently and he is 19 + years old and got Canadian PR. I asked my attorney whether I should file I-824 form to transfer his case to Montreal, Canada? But attorney suggested to file for AOS since he will age out once retrogression starts again. All three of us have I-94 dated Jul'06 when we came from India and does not require to get new I-94 since he visits us frequently driving through Buffalo,NY. Now my question is related to form g-325a:\
1. What should he write in applicant's residence in last five years? Should he indicate that he is not living in US or living with us?
2. What should he write in applicant's employment history? Should he write school/college name?
Thanks in advance.
gc0402
I'm on H1B and eligible to file I-485 (PD Apr'04 , I-140 approved) and my son was living with us (me and my wife). He joined undergraduate course in Canada in Sep'2006. He visits us frequently and he is 19 + years old and got Canadian PR. I asked my attorney whether I should file I-824 form to transfer his case to Montreal, Canada? But attorney suggested to file for AOS since he will age out once retrogression starts again. All three of us have I-94 dated Jul'06 when we came from India and does not require to get new I-94 since he visits us frequently driving through Buffalo,NY. Now my question is related to form g-325a:\
1. What should he write in applicant's residence in last five years? Should he indicate that he is not living in US or living with us?
2. What should he write in applicant's employment history? Should he write school/college name?
Thanks in advance.
gc0402
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CADude
09-28 11:16 AM
Congrats!! good to know. If we can see the trend, I will be very happy man atleast got some attension for forgotten July 2nd souls... :)
Good news guys, my checks have been encashed this morning, looks like they are processing july 2nd cases now, probably because of all the pressure from congressmen and all the complaints that have been going out to uscis-complaints.
Finally some relief, the receipt #'s are printed at back of the check and its starts with SRC so i guess it has been transferred to either CA or TX.
Hang in there guys iam sure all july 2nd filers will surely see their applications processed by early next week.
My details Filed at NCS @ 9:01 am received by R.Mickels
Good news guys, my checks have been encashed this morning, looks like they are processing july 2nd cases now, probably because of all the pressure from congressmen and all the complaints that have been going out to uscis-complaints.
Finally some relief, the receipt #'s are printed at back of the check and its starts with SRC so i guess it has been transferred to either CA or TX.
Hang in there guys iam sure all july 2nd filers will surely see their applications processed by early next week.
My details Filed at NCS @ 9:01 am received by R.Mickels
more...
sunty
09-23 05:22 PM
Seeing this data and if USCIS and DOS follow quarterly spillover (as some mentioned that this is the law), then things look a lot better. But again, who knows...
Quarterly spillover is very important for us and we should make sure that if that is what the law intends, then USCIS/DOS follow that.
Quarterly spillover is very important for us and we should make sure that if that is what the law intends, then USCIS/DOS follow that.
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guyfromsg
01-07 10:47 PM
Let's start working on this campaign. If you are in Georgia and not part of GA google group, please send me an email with your name and phone number. Click the link below to join the group.
more...
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DesiGuy
09-11 09:57 AM
does this mean we should also call Rep. Lofgren's office and re-emphasise the fact that her efforts are apprecaited and show our strong support. everyone needs motivation.
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drona
07-11 02:41 PM
I think we are on to something here. Please see the quote below from Arnold. Let's start communicating with his office and highlight the visa bulletin fiasco, flower campaign and media coverage. Should we start a new thread on this topic.
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
“Polls Push Governor to the Border“, LA Times, April 30, 2005
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
“Polls Push Governor to the Border“, LA Times, April 30, 2005
more...
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walking_dude
01-11 02:55 PM
Right. We are already here and working . How will we displace any American worker if we get the Green Card?
ALIPAC should be renamed to Alibagh !
How will I displace an American worker if I get a green card sooner? I am already here and already doing a job that DOL certified no other American is willing qualified or able to do!! :D
This is beyond ridiculous!!
Guys we need to send in our letters!!
ALIPAC should be renamed to Alibagh !
How will I displace an American worker if I get a green card sooner? I am already here and already doing a job that DOL certified no other American is willing qualified or able to do!! :D
This is beyond ridiculous!!
Guys we need to send in our letters!!
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nixstor
07-10 08:02 PM
sorry i was wrong.....i deleted my post delete yours too
They are talking about 7 Eleven conversion to kwik E mart. Looks like you got the wrong piece of information. Now talking about all things Indian and went as far as Joe Biden's 7-Eleven/Dunkin remarks. possibly time to ping Paula John for morrow evening
They are talking about 7 Eleven conversion to kwik E mart. Looks like you got the wrong piece of information. Now talking about all things Indian and went as far as Joe Biden's 7-Eleven/Dunkin remarks. possibly time to ping Paula John for morrow evening
more...
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chanduv23
04-24 02:44 PM
They refer to ads on Sulekha and other similar portals
On another note - consulting companies will workaround by creating multiple companies and applying h1b through various companies
On another note - consulting companies will workaround by creating multiple companies and applying h1b through various companies
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luckylavs
09-19 11:08 AM
yes i have i have been following with the TSC via email and there is no update from past 1 month. No reply. I also took an info pass appointment and the officer told the finger prints are old and needs to be taken again.Also my case is assigned to officer and no updates from TSC after that.
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ilikekilo
07-31 07:43 PM
thanks for putting this up...
anura
04-04 03:16 PM
Did it suggest lots of denial rate on 140 (especially Eb1s)? And it is deterring 140 filing since Jan.? I believe all those lawyers, and bodyshops realize it.
Neither the denial nor the approval rates are significantly changed. However, the receipts have fallen. Look at that as many universities and private companies not hiring teaching and research specialists. So it seems like the economy is the deterrent.
Neither the denial nor the approval rates are significantly changed. However, the receipts have fallen. Look at that as many universities and private companies not hiring teaching and research specialists. So it seems like the economy is the deterrent.
TeddyKoochu
04-01 10:06 AM
In order to utilize all visas under given category , NVC will start preparing application and forward to consulate. NVC is rarely wrong in their prediction, sometime they do start processing app in case USCIS fails act on enough cases in last quarter and in case if they have to forward date ahead they want to make sure consulates are ready with file to close.
Since this is June 2007 case , they might be expecting real GC allocation upto April 2007 but they want to keep buffer of 2 months.If person who posted this info is not making april fool joke then PD in last quarter will be defiantly up to June 2007.
Friends even I believe that looks like we will hit the Jul - Aug 2007 mark this year for EB2 things seem to be adding up well.
If we got 12K from EB1 and EB5 for the first 6 months then we should expect another 12K and even EB2 ROW usage is significantly down.
@vdlrao I agree with your analysis on the May bulletin seems to be spot on.
Since this is June 2007 case , they might be expecting real GC allocation upto April 2007 but they want to keep buffer of 2 months.If person who posted this info is not making april fool joke then PD in last quarter will be defiantly up to June 2007.
Friends even I believe that looks like we will hit the Jul - Aug 2007 mark this year for EB2 things seem to be adding up well.
If we got 12K from EB1 and EB5 for the first 6 months then we should expect another 12K and even EB2 ROW usage is significantly down.
@vdlrao I agree with your analysis on the May bulletin seems to be spot on.
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