optimystic
03-26 02:57 PM
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
One can argue that an EAD guy has crossed such DOL directed verifications and legally aquired work permit. But a 'once approved 140' is not a gaurantee...right....it can get an RFE and rejected...Mostly for Employers ability to pay, but isn't it also for malpractice during PERM recruiting efforts...?
My point being, an EAD guy is not 100% cleared of the potential fact that he could be displacing an US citizen. And that puts him under the purview of possible screening by an employer (trying or facading to trying to stick to DOL rules) and being compared to an available US citizen with equal qualifications....does it not? And by virtue of that, gives the employer to ask if a candidate is EAD or not...
May be the policy of 'innocent until proven guilty' applies here and a work permit of an EAD guy to be treated legally as such and be not doubted. But I am digressing....
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
One can argue that an EAD guy has crossed such DOL directed verifications and legally aquired work permit. But a 'once approved 140' is not a gaurantee...right....it can get an RFE and rejected...Mostly for Employers ability to pay, but isn't it also for malpractice during PERM recruiting efforts...?
My point being, an EAD guy is not 100% cleared of the potential fact that he could be displacing an US citizen. And that puts him under the purview of possible screening by an employer (trying or facading to trying to stick to DOL rules) and being compared to an available US citizen with equal qualifications....does it not? And by virtue of that, gives the employer to ask if a candidate is EAD or not...
May be the policy of 'innocent until proven guilty' applies here and a work permit of an EAD guy to be treated legally as such and be not doubted. But I am digressing....
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usertt123
02-15 12:08 PM
Hi abuddyz ,
I am also in the same boat.mine interview was also on 11th feb in mumbai and VO told me that she is not able to verify my data in the system.she told me I have to look for an email which I will receive in 5-7 days and she returned my pp, env, 221(g) letter and also wrote PIMS on my DS 156 form. she asked me now not to come again to consulate as everything is done once I receive that email just submit PP, envelope, 221(g) form , email to VFS and they will get my visa stamped in 2-3 business days.just keeping looking for the email she said two three times.Also "Not in" is written on my envlopes.
Let me know once you receive an email , i will also update once i receive the same.Good Luck!!!
I am also in the same boat.mine interview was also on 11th feb in mumbai and VO told me that she is not able to verify my data in the system.she told me I have to look for an email which I will receive in 5-7 days and she returned my pp, env, 221(g) letter and also wrote PIMS on my DS 156 form. she asked me now not to come again to consulate as everything is done once I receive that email just submit PP, envelope, 221(g) form , email to VFS and they will get my visa stamped in 2-3 business days.just keeping looking for the email she said two three times.Also "Not in" is written on my envlopes.
Let me know once you receive an email , i will also update once i receive the same.Good Luck!!!
qasleuth
11-20 07:34 PM
Kumar1, You have a reputation of "beyond repute" on this forum and one of the leaders who people expect to lead us. Is this the ethical/moral standard you live by ? Disgustingly shameful. And are you one of those people who throw empty cups in a trash can over here but chuck it onto the streets when you go back to your home country ? I bet you are. You rent and have no idea about what you are talking about yet doling out useless/dangerous suggestions.
Paujabi77, I will not get into moral/ethical dialog with you (inspite of your comments like "i will sell it after couple of years and make money")
Actually you should consider yourself in the same group as these so called stupid people, cannot exclude yourself as a smart person just because you did not take an ARM. Any decent website/article/source of info will tell you that you cannot buy a house if you are planning on staying for less than 2 years.
"well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan"
Here is some real advice:
Letting your bank forclose on you or filing for bankruptcy is not a decision you take lightly asking people on the forum for advice. Your credit score can go down by as much as 300 points affecting you financially over the next few years which you perhaps have not really thought about. Just because you have existing loans (like credit cards) on a low rate does not mean they are 'locked'. Banks can hike the rates periodically based on your current score often to as high as 32 %. This is not pennies but can be hundreds of dollars in interest. Ever got harsh calls from collectors ? Ever got evicted from your place of residence ? Ever got denied when you try to rent ? Try living only on cash for a few weeks and see how it feels without credit. I have not gone through any of those thankfully but have seen and heard horror stories. Consult a professional or do research on your own before making a decision.
You are not the only one who thinks this way! Do you want to stuck with your house...paying 600k mortgage for 300k worth house? It is stupid people like you who would, I won't!
Those who are walking away are smart. Banks are stupid to finance 100%. If you go bankrupt, govt won't bail you out. If banks go belly up, govt would give 750 billion!
Keep your emotions checked. Do not talk like you haven't returned anything in Wat Mart if you found same item 25 cents cheaper somewhere else.
Paujabi77, I will not get into moral/ethical dialog with you (inspite of your comments like "i will sell it after couple of years and make money")
Actually you should consider yourself in the same group as these so called stupid people, cannot exclude yourself as a smart person just because you did not take an ARM. Any decent website/article/source of info will tell you that you cannot buy a house if you are planning on staying for less than 2 years.
"well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan"
Here is some real advice:
Letting your bank forclose on you or filing for bankruptcy is not a decision you take lightly asking people on the forum for advice. Your credit score can go down by as much as 300 points affecting you financially over the next few years which you perhaps have not really thought about. Just because you have existing loans (like credit cards) on a low rate does not mean they are 'locked'. Banks can hike the rates periodically based on your current score often to as high as 32 %. This is not pennies but can be hundreds of dollars in interest. Ever got harsh calls from collectors ? Ever got evicted from your place of residence ? Ever got denied when you try to rent ? Try living only on cash for a few weeks and see how it feels without credit. I have not gone through any of those thankfully but have seen and heard horror stories. Consult a professional or do research on your own before making a decision.
You are not the only one who thinks this way! Do you want to stuck with your house...paying 600k mortgage for 300k worth house? It is stupid people like you who would, I won't!
Those who are walking away are smart. Banks are stupid to finance 100%. If you go bankrupt, govt won't bail you out. If banks go belly up, govt would give 750 billion!
Keep your emotions checked. Do not talk like you haven't returned anything in Wat Mart if you found same item 25 cents cheaper somewhere else.
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lostinspace
01-27 12:44 PM
The requirement for a transit visa to enter the UK is not a new requirement. They were introduced because a significant number of passengers decided to remain in the UK rather than simply transit.
Before they were introduced, passengers had the ability to remain in the UK for up to 24 hours, enter the UK, change airports etc (this is called TWOV or Transit Without Visa and still remains for applicable nationals).
The intent of the Transit Visa is to ensure that the passenger will be accepted by the third country.
There are still issues with passengers who hold transit visas with a stated intention of transitting the UK. Either they are not accepted by the transitting airline and are returned to the point of origin, or they simply claim "political assylum" when they land in the UK and then they become the responsibility of the British Government.
Before they were introduced, passengers had the ability to remain in the UK for up to 24 hours, enter the UK, change airports etc (this is called TWOV or Transit Without Visa and still remains for applicable nationals).
The intent of the Transit Visa is to ensure that the passenger will be accepted by the third country.
There are still issues with passengers who hold transit visas with a stated intention of transitting the UK. Either they are not accepted by the transitting airline and are returned to the point of origin, or they simply claim "political assylum" when they land in the UK and then they become the responsibility of the British Government.
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snathan
09-24 01:18 PM
THe reason USCIS is showing low numbers for the reason that , no one will then raise the question for recpature. Looking at the numbers they will say, O, the numbers are so low, whats the need for recapture and we will be left hanging cold and dry.
This is a plot of a well planned strategy.
So the question araise is why the dates are not moving or not current?
This is a plot of a well planned strategy.
So the question araise is why the dates are not moving or not current?
bajrangbali
06-17 12:28 PM
Thanks L1fraud guy for bringing up the details to complain. I have contacted the local office and proceeding with the process as outlined by the ICE officer. I agree with you and other members on this thread who say this fraud has to be stopped before it becomes uncontrollable.
Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..
Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..
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gcgreen
08-07 02:50 PM
See, that's the reason I think the lawsuit idea has issues. I suspect the lawsuit may end up making life difficult for a lot of genuine cases without actually achieving what you set out to achieve.
But I have no data one way or the other.
The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
So guess who are the people who are most benefitted by this...
But I have no data one way or the other.
The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
So guess who are the people who are most benefitted by this...
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logiclife
06-15 11:17 AM
Please cite the sources of the information when you post on this thread. Either a URL or wherever else you got the information.
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rsdang
01-11 11:45 AM
Lets get the ball rolling...
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sidbee
01-24 01:31 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.
I think in your case the check in agent screwed up, You should sue the airlines for the hassels.
I know many people who have travelled via UK , while having stamped h1/h4,b1/b2. 12 months limit is crap :-)
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.
I think in your case the check in agent screwed up, You should sue the airlines for the hassels.
I know many people who have travelled via UK , while having stamped h1/h4,b1/b2. 12 months limit is crap :-)
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legal_la
06-20 07:57 PM
My lawyer's office is saying that Non Immigrant Visa number is Control number, but what I heard and looking at different websites including here, I think it is the red number not control number.
Is there a place I can verify this? What is effect on the application if they put control number? will that affect processing of my application in any way ?
Is there a place I can verify this? What is effect on the application if they put control number? will that affect processing of my application in any way ?
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BharatPremi
09-24 05:43 PM
How can the current position (EB3) relevant when the new employer is filing your GC for a future job (Eb2) ?
Does the employee need to get promoted in the current job to apply for a future EB2 job ?
Good Question. AC21 usage introduces a "Chicken Or Egg" situation. Our limitations 1) Till we interfile we have to show us fulfilling EB3 job calssification related obligations ( that also is a "future" postion in reality). Now if EB2 application is from "same employer" then that employer can logically produce the letter matching EB2 level experience after "real and natural skill progression" only to prove that you are fit for more advanced skill level job in other words after wait for 2-3 years.
Does the employee need to get promoted in the current job to apply for a future EB2 job ?
Good Question. AC21 usage introduces a "Chicken Or Egg" situation. Our limitations 1) Till we interfile we have to show us fulfilling EB3 job calssification related obligations ( that also is a "future" postion in reality). Now if EB2 application is from "same employer" then that employer can logically produce the letter matching EB2 level experience after "real and natural skill progression" only to prove that you are fit for more advanced skill level job in other words after wait for 2-3 years.
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gcsomeday
08-22 10:40 AM
Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?
USCIS may be using divide and silence tactics. One can already see the impact of EB2 being as good as current. They probably liked what they saw and are setting up to move back EB3 much more. At this rate EB3 will crawl to death. People will try to jump into EB2 and realignments/adjustments automatically will take place.All good for USCIS.
But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?
USCIS may be using divide and silence tactics. One can already see the impact of EB2 being as good as current. They probably liked what they saw and are setting up to move back EB3 much more. At this rate EB3 will crawl to death. People will try to jump into EB2 and realignments/adjustments automatically will take place.All good for USCIS.
But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?
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HV000
08-07 04:47 PM
if one is taunting , " Look FBI bosses , i am stuck in security check, still i am a working with my H1B/EAD . How dare you allow to people remain here - for many years - if you suspect something is fishy with their record "
That's not correct. FBI cannot deny somebody a visa JUST BECAUSE they cannot do their job in a TIMELY FASHION. Law states that "YOU ARE GUILTY ONLY WHEN ITS PROVEN"
Also, Please keep in mind there are over 12 MILLION ILLEGALS WITH NO RECORD!
I hope it helps.
That's not correct. FBI cannot deny somebody a visa JUST BECAUSE they cannot do their job in a TIMELY FASHION. Law states that "YOU ARE GUILTY ONLY WHEN ITS PROVEN"
Also, Please keep in mind there are over 12 MILLION ILLEGALS WITH NO RECORD!
I hope it helps.
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SunnySurya
08-07 10:49 AM
Here are the list of divisions we have
Row vs Non Row
Eb2 Vs Eb3
EB2NIW Vs Eb2
US Master vs Non US Masters
RIR vs Non RIR
Nurse vs others
etc etce...
Row vs Non Row
Eb2 Vs Eb3
EB2NIW Vs Eb2
US Master vs Non US Masters
RIR vs Non RIR
Nurse vs others
etc etce...
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mchundi
01-01 02:30 PM
mchudi,
These are very tough and partisian bills (immigration bills). This also being an election year, some lawmakers will try to puch their own agenda. Don't expect a featherbed solution. This will be a dogfight.
This time atleast there will be some democrats to vote for our bill, unless the anti guys find some way of preventing them from participating in it.
--MC
These are very tough and partisian bills (immigration bills). This also being an election year, some lawmakers will try to puch their own agenda. Don't expect a featherbed solution. This will be a dogfight.
This time atleast there will be some democrats to vote for our bill, unless the anti guys find some way of preventing them from participating in it.
--MC
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anura
03-30 12:10 PM
vdlrao
That sounds about right and realistic. On the other hand I think the movement will be more. I mean if DOS just moves the dates by 4 months after making such a big announcement ...WTH??
And I thought DOS is gonna move the dates by ONE year into June 2007...ha ha ha...
Absolutely, the chances for movement to June 2007 is bright but not in May. One of the old models did predict August 2007 by Sep 2011. And then it was noticed that EB3 porting was not properly accounted for in the equation (only 150 per month was accounted). Thereafter, it was stated that Eb3 -> 2 porting is at least 500/m (which I thought was quite a bit). This burden in the model dragged Aug'07 predicted movement date to Nov'06. Now that 12000 EB1 spillover is being claimed, this would account for and balance even 1000/m Eb3->2 porting. Therefore an August 2007 PD by Sep'11 is a good possibility. But the visa bulletin has it's own brains.
A
That sounds about right and realistic. On the other hand I think the movement will be more. I mean if DOS just moves the dates by 4 months after making such a big announcement ...WTH??
And I thought DOS is gonna move the dates by ONE year into June 2007...ha ha ha...
Absolutely, the chances for movement to June 2007 is bright but not in May. One of the old models did predict August 2007 by Sep 2011. And then it was noticed that EB3 porting was not properly accounted for in the equation (only 150 per month was accounted). Thereafter, it was stated that Eb3 -> 2 porting is at least 500/m (which I thought was quite a bit). This burden in the model dragged Aug'07 predicted movement date to Nov'06. Now that 12000 EB1 spillover is being claimed, this would account for and balance even 1000/m Eb3->2 porting. Therefore an August 2007 PD by Sep'11 is a good possibility. But the visa bulletin has it's own brains.
A
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gc_on_demand
04-23 08:20 PM
I see indian comnies will apply for more B1/ B2 visas overseas.
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arihant
02-24 03:54 PM
Does anyone understand what is used to calculate the 3 year period for advanced degree olders?
Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.
This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.
Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.
This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.
buehler
09-13 01:22 PM
Finally got greened. Got the CPO email for myself and my wife today. It has been more than 9.5 frustrating years since I came to this country. But I am finally happy that it came through.
I am even more happy that I did not just leave it to time. I have been heavily involved with IV from the beginning. I have spent plenty of time and money on IV and happy to see that it has benefited myself and others.
Don't loose heart. Keep fighting for what you think is fair.
I am even more happy that I did not just leave it to time. I have been heavily involved with IV from the beginning. I have spent plenty of time and money on IV and happy to see that it has benefited myself and others.
Don't loose heart. Keep fighting for what you think is fair.
BharatPremi
01-26 12:59 PM
The funniest thing is 3/4 of the countries on the list are part of the erstwhile British empire. How's that for irony. They loot and dominate you on one hand and subject you to inane laws on the other. Here is a classic example of what is good for the goose is not good for the gander.
But here is another link to a funny article on the reverse
http://my.telegraph.co.uk/sigourd_shack/october_2007/thinking_of_travelling_to_india_for_a_holiday_or_b .htm
Only way left is to invade Britain then? :) But our irony is that we communicate this in "ENGLISH"... Isn't it sarcastic to ourselves?
But here is another link to a funny article on the reverse
http://my.telegraph.co.uk/sigourd_shack/october_2007/thinking_of_travelling_to_india_for_a_holiday_or_b .htm
Only way left is to invade Britain then? :) But our irony is that we communicate this in "ENGLISH"... Isn't it sarcastic to ourselves?
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