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  • fatjoe
    10-26 02:26 PM
    Thanks ndialani.
    I raised an SR on 8/25/2009. I got a response that my "case was being actively processed, allow 60 days for a decision to be made". I kept calling uscis, every CSR told me the same thing "wait until Oct 25, and then raise another SR". I got the CPO email on 10/22.
    As I mentioed in the previous posts, though I tried Senator, Ombudsman, calls thru my lawyer, I beleive that SR is the one that makes the IOs take a case out of a whole bunch and keeps it in the queue for approval.





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  • drona
    07-09 07:29 PM
    Please also mention the EB retrogression, backlogs and revised July visa bulletin issue here. We must mention WHY we sent the flowers





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  • badluck
    06-26 02:53 PM
    Dont do it. Why? you might ask?

    Just think, if you use a lawyer you might have to spend another 500 to 1500 bucks. But you will have a no problems in filing (especially with out errors).

    We have spent thousands of dollars so far in getting a GC and at this stage dont mess up to save a few paltry bucks.

    You may be finding that your lawyers are'nt approachable a this time. But this is the case with everyone, as they are getting hundreds of calls.

    Get a lawyer, fill the application and leave blank and stick notes at which ever field you didnt understand. The lawyers will definitely look into the applications and file it quickly. make sure you tell your lawyer to use the overnight courier to file and bill you the same.

    Are you lawers agent?





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  • HumHongeKamiyab
    06-21 10:08 AM
    While filing for I 485, I was wondering if I can file for my wife's EAD and AP and dont apply for mine (at this time) as I am not going to change the job in next few months. So I will keep working on my H1 (valid till 2009) and she can work on her EAD? Is it possible and legal to do ?

    Thanks,



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  • whitecollarslave
    04-17 06:26 PM
    8 USC 1324b
    (a)(1) General rule
    It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
    (A) because of such individual’s national origin, or
    (B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.

    (3) “Protected individual” defined
    As used in paragraph (1), the term “protected individual” means an individual who—
    (A) is a citizen or national of the United States, or
    (B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;

    (4) Additional exception providing right to prefer equally qualified citizens
    Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.

    So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.

    I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.

    If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.





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  • rcr_bulk
    08-24 02:06 PM
    I signed up today morning but yet not received any confirmation email. How long it takes for getting a receipt email from them? Account status is showing pending when login into online account. Any idea.



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  • pat123
    09-22 08:18 AM
    What Pappu says is right. Ppl have been so impatient that they're bombarding USCIS with SRs, emails, letters from attorneys, Infopass etc..etc...etc...I understand the anxiety but isnt this a bit 2 much? I was no exception to this. I raised an SR on the very first day my date got current and on trying to followup on the SR the very next week, I stumbled upon a clearly tired second level IO who didn't like the way I was pushing for it. He clearly explained to me that there was no need to worry as the dates were current and everyone who was current and cleared of security would be approved as there were several visa numbers available and he also told me that there have been thousands of calls received everyday and its becoming really hard for them to handle the situation. I could see how tired and frustrated he was. I immediately understood their plight and just waited without any further action and within a span of 15 days after that call, I got my approval. My attorney also advised me to wait as he was sure the dates were gonna be current the next month as well and followups would only result in delays.

    Well I'm not saying its wrong to be anxious. Ofcourse, its an important milestone, one that secures our future in this country and yes, its only natural to be anxious. But being anxious doesn't mean that by calling or emailing or Ombudsman etc...ur case will be approved. Try and put yourselves in the IO's shoes as well. For a moment think what it wud be like to be an USCIS first lvl/second lvl IO receiving the same call every minute from a diff person and each one trying to reach the second lvl IO with lies such as my A# on file is diff than the one on 140 OR address change etc...etc...This is ridiculous. After years of wait we resort to such shameful behavior towards the end.

    Yes when others with later PDs are getting approved and u r still waiting, it does bring out frustration in u. But u should also put in thought as to why that could be. Maybe one of the security checks in ur case is awaited or maybe ur file is on some table waiting to be picked up etc...I was venting out my anger and frustration during my wait on this forum and ppl were only asking me to do that, do this blah blah blah. I just waited nevertheless as I knew the moment I spoke with the IO that there was really no point in following up as cases were getting approved and USCIS was definitely WORKING as hard as they could (even on weekends) to clear all current cases.

    There was one dumb idiot who called and spoke to the second level IO (per his own words "just to confirm") even after getting the CPO email. I mean how foolish and idiotic is that. Check this out...I'm not kidding:http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1600323-conflicting-info-cpo-email-but-485-pending.html

    Guys, just trust USCIS now that they've been approving left and right before u login to ur email to followup or pick up ur phone to check ur status. EB2 has not moved ahead for the Oct bulletin but ppl who were current from July will still be current in Oct. What does that mean??? It simply means that USCIS is hell bent on clearing all the cases which have been current since July and my best guess is until the last of the "current" cases has been approved, the dates will be not be retrogressed.


    It is fine for you NOW that you received your GC now and "see" the plight of IO. You are drinking cool aid now under the awnings of Green card. It is now tough for you to understand the plight of the people on "this" side as you crossed over to the "other"side. It is the same old story of people who got their GC and Citizenship dont care about the people who are going to wait for dog long years. Imagine what would have you done, if you didn't receive your GC in 15 days time, i am sure that by this time you would have shaked the earth from heaven to hell by calling your senators, ombudsman, alderman, congressmen etc. Instead of giving advice to others to understand the plight of IO's, keep your emotions under check and encourage others to do their best. Do not post unnecessary comments.





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  • PlainSpeak
    04-04 08:18 PM
    He told me EB2 dates might move to the end of financial year 2009 so that would mean Sep 2009. There are you happy now .....

    Now stop this stupid thread

    Aapne lalach ka yeh behuda natak ab band karo

    Think about all those EB3 I out there. Have some shame. How would they feel if you talk about your own GC and get giddy about it in the forum when they have no hope. At least take your rejoicing to a private donor forum.

    Thats the least you can do



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  • pvgupt01
    09-25 10:11 PM
    yes i am in the same boat !!!!





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  • javadeveloper
    11-10 11:25 PM
    we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.

    It's your company's responsibility to make you aware about your dependent's status too.I worked for a small desi company for sometime and they lied that My wife doesn't need H4 extension because she is dependent on me.Fortunately I came out of that company.



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  • Canadian_Dream
    03-27 03:05 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.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.

    http://www.myvisajobs.com/H1BVisa/sEmployer.aspx?E=Capital+One&OG=All&SO=All&Y=All&SON=All






    There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc

    From their Employee Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf



    From their Employer Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf



    From OSC Update newsletter April 2004:
    http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf



    FAQ:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.





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  • BMS1
    10-17 12:02 PM
    I never watch Lou Dobbs since I am never home in that time slot. But had a chance to switch to his program last week. Actually I did not want to see him but wanted to see which companies are sponsoring his show and would like to lose me as a customer.

    Travelocity lost a customer in me. (I had a mixed feeling on this. When I used Travelocity the last time and I needed some customer support, the Travelocity person who tried to help me was an outsourcing company person in India).



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  • texanguy
    10-01 03:25 PM
    This point has been already discussed before.it was mentioned that married dependents can be added later on if their country of birth is different...

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    How come there is pending cases in 2007, 2008 and 2009 for EB2 and EB3 India?

    From the PDF I see the following

    EB2
    2007 after july fiasco - 559
    2008 - 178
    2009 - 9

    EB3

    2007 after july fiasco - 466
    2008 - 88
    2009 - 5

    My understanding is that the visa bulletin were never open for priorty dates from Aug 2007 to till date....EVER..

    I may be missing something..





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  • amsgc
    08-20 11:55 PM
    You got it absolutely right.
    The only way out is legislation. Even this eb2 trend of approvals will end come october.


    With the earlier method or the current method, EB3-I will always end up last. Vertically EB3-ROW gets the excess visas (old method), horizontally EB2-I gets the excess visas (new method). So, either way EB3-I won't benefit, the only solace being that with the current system atleast our EB2-I friends are getting their freedom faster.

    For us, visa recapture or other legislative changes are the only relief.

    BTW, my PD is June 2003, EB3-I



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  • nishant81
    11-06 04:27 PM
    Knowing the fact that so many applicants have been waiting for YEARSSSS and USCIS not doing anything about makes me sick just thinking about it. How can agency be so ignorant and continue to make thousands of people live in dark black hole for years? Has anyone heard about the new plans or action taken by either agency to reduce the backlog. According to what ombudsman said on july 20 2007 teleconference USCIS will dramatically reduce the backlog for people waiting 33 months or longer in immediate future, apparently it has been 4 months and nothing seems to have been moved yet.





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  • sri1309
    01-15 07:31 AM
    Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants

    http://citizensbriefingbook.change.gov



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  • alisa
    06-21 03:10 PM
    In 2004, a friend moved within the same Multinational company (A) from one business (A1) to another (A2). The HR department did not apply for an H1 transfer assuming that one was not needed, and the friend worked for a few months before the business A2 was sold off, and the new company realized the mistake, and filed for her H1 transfer, which was approved. The new company then filed for her labor and got her I-140 approved.

    Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?

    I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?





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  • nojoke
    11-25 04:51 PM
    Btw, who told you that guys like punjabi and others overbid or bought a house that they cannot afford? They could and still can afford these houses i.e. the monthly mortgage payments; the only thing they cannot do in the current market is to sell it (even at the price at which they bough i.e. break even) and that is why they are stuck with it if/when they decide to move to another city/job - so no point blaming these guys. If you want to blame somebody, blame the banks who appraised the same house at 500k 2 years back which they are appraising at 400k today, there in lies the problem.

    Let me try to understand your logic. You don't have money and went to bank and requested that they help you out with a loan. They give you loan based on what you bid your house and it is all their fault. If only banks had refused the loan, you wouldn't have bought the house. Is this your logic? Do you ever think for yourself?:confused: I am not going to say that banks were not at fault. But to act like nothing is punjabi's fault is ridiculous.
    BTW if you think he can afford it now wait for another year. The full impact of these mistakes will be known by then. We will be deep into a depression. We will have on top of it ALT-A resets and his house will lose more than 20K for sure. My opinion would be to sell it now and take the hit or wait and lose more. The housing will not rebound to the 2007 peek for a decade.





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  • iv_only_hope
    01-11 02:12 PM
    Look at this ignorant guys quote from the above website.

    "I just read a couple days ago that over a million "immigrants"
    applied for citizenship

    Do we not have limits? and don't they have to be
    green card holders to apply ?

    Also do we not have demographic limits?

    Most of the million all seem to be from one area of the
    world"





    vikramy
    09-20 01:34 PM
    I have a doubt, Did any one who sent flowers have got their Reciept No's. It's not a reasonable cause, but Just checking. You never know.





    factoryman
    05-21 10:02 PM
    I am twice bitten... by photos at Walgreens
    Don't even think. I took PP for passport renewal. VEry bad quality.

    Still I went to Walagreens and took PP for visit visa to Canada. Rejected by Canadian Consulate in Seattle. Don't waste your time and money.

    In Denver / Aurora - there is H-Mart (or HAR Mart). I am also thinking of going to Costco. 6 photos for above age 14 ; else 4. That is what my attorney asked.

    Costco! Way to go, cheaper, better and perfect!

    Among friends we say, "In costco we trust!"



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