Monday, July 4, 2011

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  • delhiguy79
    08-23 08:51 PM
    Hey guys,

    I asked a few questions regarding multiple filings to Rajeev Khanna, see question no 15....

    http://www.immigrationportal.com/sho...d.php?t=261757

    and his answers are recorded in the following link...

    http://www.immigration.com/improving...nce_calls.html


    FBI name check will be done once only...and if we ve not mentioned on both 485 forms about the other one we should write a letter to INS and inform them....which wud help in not delaying...

    If u ve any other info plz share....

    Thanks....





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  • snathan
    04-01 03:06 PM
    Quote from Shusterman's newsletter --- "According to our calculations, EB-2 priority dates for India and China may advance not just weeks or months, but years!"

    You made my day...:D





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  • NolaIndian32
    11-24 05:31 PM
    I don't think you want to go into foreclosure. It will mar your credit report for sure, and it may be difficult for you to get another homeowners loan in the future.

    Why don't you consider renting out your house via a property management firm?

    Best of Luck!





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  • Winner
    10-23 09:40 PM
    As I had mentioned earlier in this thread - I had received 3 referral credits through IV. (actually I had sent out more invitations - but not everybody accepted/used my invitations).

    For this, as I had promised earlier in this thread - I will contribute $75 to IV once I start using these referral credits (which will happen from next month once my own sign up referral bonus runs out).

    Two of the three referrals who used my invitation also promised they will contribute $25 to IV for the referral.

    To me, this appears to be an acceptable use of the IV message board. Anybody benefitting from IV by getting referrals may want to do the same.

    OTOH, I think it is unfair to abuse the IV platform for personal gain. No other respectable message board allows that. Try these referral spam or other trolling activities in fatwallet of SD, and see how fast you get banned for it even though they are explicitly for deal hunting. Online anonymity is a great thing since it masks a trolls true identity. But think again - your identity is not really as secure behind online anonymity as you think unless you are a professional troll and have taken elaborate measures to obfuscate things. Trolling may come back to bite you.

    Now, a question for mods - I went in to sign up for another recurring contribution for 3 months for $25 today (in addition to my normal subscription). However, I cant find any option for $25 recurring contribution now.

    just when I thought I came up with an innovative idea to get more funds to help us, I see you already thought about this before I did.

    I'm planning on sining up for vonage. Please send me an IM and I'll respond back.

    Because both of us are saving $50 each, I expect you will donate at least $25, and I'll will donate $25 for my part.

    Thanks for supporting IV.



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  • kshitijnt
    01-30 02:11 PM
    EEOC deals with discrimination based issues. File a complaint with them. They will follow up with the concerned company.





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  • cygent
    06-29 08:23 PM
    if July bulletin is revised on say July2nd or 3rd, What about the cases filed on July 2nd, will it be rejected?

    YES



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  • spatial
    08-20 01:17 PM
    That is not true...If you look at the Visa Bullettin, it says

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".


    Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
    EB3 gets EB1 only if it is not used by EB1.

    I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.

    Thanks,
    G


    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.




    "





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  • priority_date2
    11-03 04:24 PM
    SunnySurya; GCtest; abhijitrajan; Abhinaym; computer_gig;
    django.stone; jindhal; jonty_11; kalinga_sena; Karthikthiru;
    kevinkris; Leo07; newbie2020; nilendu; pmb76;
    prioritydate; rahulp; Still Waiting; vkannan

    Pls check your private messages inbox



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  • acecupid
    08-21 12:33 PM
    I don't think it will do much good sueing uscis on this issue. The point is, they have the legal authority to be the one interporating the law. So, if there is "gray area" in the law, the law says it is their understanding that matters, not ours or any one else's. So, unless the law very specifically says it must be done in another way, you can not argue uscis did the wrong thing.
    Now that we see the immigration law does not very specifically regulate how the flow should be like, so uscis have the authority to "understand the intention of the law" and act accordingly. You can't say you think the law means otherwise and thus sue uscis, because that argument makes no sense to the court. The court will only accept the argument when the government is apparently acting against the law.

    We can definitely question them on how their understanding changed on visa spill over distribution.





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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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  • pamposh
    06-28 12:03 AM
    Do we send the 485 forms for dependents and petitioner in the same envelope or different?
    Do we send one check for applicable fees for both?
    what should be answer to question for dependent and petitioner? PART 2: applicant information I am applying for an adjustment to permanent resident status because:





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  • ns521
    01-26 02:50 AM
    Well even if you use AP, you need a passport, dont you? And the passport must be with the Consulate pending stamping. So one way to get the passport back is to withdraw the visa application.

    A question though: is'nt it abandoning your H1B1 visa tenure if you enter on AP even with a valid H1B remaining?

    I don't know if procedures are different in the consulates..In my country you apply for H1B visa ,they interview you and tell you that you will be granted a visa so we will call you when stamp is ready...you take your paaport and yoiu go home and whenever they call you for stamping you bring your passport and stamp it the same day...Are procedures different these days?



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  • gc_bulgaria
    01-13 10:15 PM
    Sent.





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  • CADude
    09-28 04:32 PM
    Please keep on contacting your congress rep/senator and others. Today FAQ is also out from USCIS. I think, USCIS is started getting some heat and pressure is working. keep it up. :)



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  • BharatPremi
    03-25 04:41 PM
    The employer will come up with many excuses to not interview a candidate or hire. If the law doesn't allow you to discriminate when hiring based on national origin or EAD or whatever, rejecting candidates even for an interview doesn't make sense.

    Interview is part of the hiring and recruiting processes. Would you say employers putting a job ad saying we will only interview someone from a particular nationality is allowed?

    However, the more important point is we are fighting to get multi-year EAD in IV among other things. The law doesn't allow discrimination based on EAD for hiring. Let the govt lawyers and employers figure it out if not even interviewing candidates because of EAD comes under the purview of hiring or not and if it is legal or not.

    yes, that is our line of logic and understanding. But seeing the number of experiences what we are having in real world, this does not seem to be applying. You are rightaway asked about your work status and they insist till you give them "specific" word - either "GC" or "Citizenship" or "EAD"... If this would have been the real way ( I and all of us wishes that) the these recruiting guys may not dare to insist till you spit the speific word out and that is before interviewing. In my experience, I always had verbal conversation. I have never been sent an email or letter by any company yet regarding their refusal not to even interview me based on EAD. Verbally 5 companies have starightaway told me "they are not considering me as I do not have green card yet - EAD is not enough". My thinking is that they do this because somehow some law may be covering them, we do not know that but they know that, perhaps..:confused:





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  • mrsr
    06-20 09:36 AM
    please clear the doubt .. Affidavit of support is it I-134 or 864?



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  • snathan
    03-30 05:43 PM
    If USCIS is providing spillover visas to EB2 in May, shouldn't the PDs of China and India (countries with most demand) have the same PDs in May VB? Doesn't this also mean that in the worst case the PD of EB2 India will be Jul 22 2006 (the current PD of China) in May VB?

    -CinBoy

    First they will move India to July 22 2006, if there are more visa numbers both I/C will move togather.





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  • saturnring11
    08-16 01:23 PM
    Today, I got a phone call from an IO at 7:45 am waking me up from my sleep. She said she was following-up on my request to the Senator to get a case update. She told me that my case is in transit to an officer from the holding facility.

    This is the same status I got from my Infopass almost 10 days ago. How long does the case go from in-transit to assigned to an officer?

    Is this common to get phone calls like this? She did give me her phone number and asked me to follow-up if I don't hear back in two weeks. Anyone experienced a similar situation?





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  • shahuja
    02-08 02:26 PM
    I had my interview for an H1-B at N. Delhi consulate on December the 5th, 2007. The consulate officer told me it needs administrative processing and gave me a pink slip. I was also told that it may take anywhere from few days to 7-8 weeks. Today is February the 8th, 2008, and am still waiting on my visa. So if its any consolation to you stuck_here, I'm stuck here for almost 65 days now. Given that I have a PhD in Chemical Engineering, I might have fallen under the Technology Alert List, but, still, the wait time seems ridiculous. Any ideas from anyone about if there is anything I can do on my part to expedite the matters? Thanks.
    hi mamit, is this yourfirst time H1B or renewal..and are you doing anything to help this situation ?? like calling what nymbers ?? and did they tell you it was TAL and were you told why the delay is ??





    sobers
    02-21 04:04 PM
    what i mean is you should take out the H1B part from the letter and then send it to your lawmakers. the letter is modifiable- you can add, delete or change content before sending it.

    that is what i have done. Took me less than 5 minutes!





    sameer2730
    09-24 11:11 AM
    So per your theory 8008 people who filed in Eb3 should get approved which should bring it to 2003? for EB3-I by end of year? :rolleyes:

    EB3 india gets only 2803 per year with350 of those going to OW. How did you arrive at the figure.



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