johnamit
08-18 01:13 PM
I think we have a provable point as per the USCIS CSR msg "We approve all cases based on the order they are received". So basically it says Approval based on ND. Approving Oct'07 NDs and not approving (not even touching) Jul-Sep NDs makes a valid point.
I am not sure how to put our case based on PD because to me PD serves the purpose of passport to get in and then line is formed by ND. But sure, if anyone could put some thoughts and define the situation, I think its well worth to try something different now.
I am not sure how to put our case based on PD because to me PD serves the purpose of passport to get in and then line is formed by ND. But sure, if anyone could put some thoughts and define the situation, I think its well worth to try something different now.
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h4hopeful
07-02 10:43 AM
Like Voldemar said in this post
http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3
All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3
All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
newu77
08-20 04:15 PM
I called on friday. Had to explain the lady that as per press-release, my receipt number should be issued. After 20 minutes of discussions, she escalated my call to another officer. She checked the database with my name, DOB and A# but she could not find any thing related to I-485.
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akhilmahajan
04-14 10:59 AM
I think you also need a Canadian address.
My bad, it totally skipped my mind.
PR cards can only be mailed with in Canada.
My bad, it totally skipped my mind.
PR cards can only be mailed with in Canada.
more...
gc28262
03-07 11:02 AM
Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
kuhelica2000
01-30 02:37 PM
You are absolutely right. These frauds need to be stopped. Because of this fraud H1b quota is used up on the very first day and EB3 India has a backlog of seven years. If USCIS weed out all the frauds, I bet the wait for EB3 india will be no more than 3 years.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
more...
desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
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sunny1000
07-08 05:58 PM
In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.
The congressman is wrong.
The congressman is wrong.
more...
ujjvalkoul
06-26 05:14 PM
Everyone is just frustrated....I pity our condition.
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
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java_jaggu
04-21 08:33 PM
This thread just puts things in perspective. Getting a GC and beyond is a good thing, but in the larger scheme of things, enjoying the present moment and enjoying what you got is far more important. You never know when it can end !
more...
xyzgc
02-01 08:35 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good decision. I was opposed to going back but I think its good to do just that. You see lot of folks going back after getting their citizenship.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good decision. I was opposed to going back but I think its good to do just that. You see lot of folks going back after getting their citizenship.
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newbie2020
05-05 04:52 PM
What is ur PD? My prediction is by end of 2008 EB3 will touch 2003.
I have a long journey Mine is EB2 02/08
I have a long journey Mine is EB2 02/08
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CADude
08-01 01:14 PM
Yes
SRC - Texas Svc Cnt
LIN - Nebraska Svc Cnt
My i-140 no. starts with SRC 06, is this also from Texas?
SRC - Texas Svc Cnt
LIN - Nebraska Svc Cnt
My i-140 no. starts with SRC 06, is this also from Texas?
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diptam
06-23 10:51 AM
I believe we did sufficient Brain storming on this and the following bottom lines came out to extract EMPLOYER LETTER :-
a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.
b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.
c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.
Following 2 are little more aggressive approaches (Single's can pursue)
d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.
e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER
Following one is a extreme risky approach and is not recommended
f) Some one mentioned about somehow getting a Letter head and helping
yourself .... But your whole efforts and money could be wasted at a later point of time.
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.
b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.
c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.
Following 2 are little more aggressive approaches (Single's can pursue)
d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.
e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER
Following one is a extreme risky approach and is not recommended
f) Some one mentioned about somehow getting a Letter head and helping
yourself .... But your whole efforts and money could be wasted at a later point of time.
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
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gccovet
07-29 01:08 PM
gccovet,
no idea at all.
I got another lud today on 765 with another message in mail
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On July 28, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
wow... I guess, we can tweak the poetry "...God moves in a mysterious way his wonders to perform...."
" God and USCIS moves in a mysterious way their wonders to perform..."
GCCovet
no idea at all.
I got another lud today on 765 with another message in mail
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On July 28, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
wow... I guess, we can tweak the poetry "...God moves in a mysterious way his wonders to perform...."
" God and USCIS moves in a mysterious way their wonders to perform..."
GCCovet
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kumar1
01-31 07:59 PM
Desi3933 - Thank you for sharing this link. Now I totally believe it.
As promised before, now after looking at DOL web site, I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
As promised before, now after looking at DOL web site, I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
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gccovet
07-24 04:01 PM
you are aware that you can get temporary ead issued from local uscis office if its taking more than 90 days for ead to arrive?
Hi,
That's called intrim EAD, which, I have mixed feelings about, somewhere I read , USCIS stopped providing intrim ead july 2006.
But somewhere (i don't have a link) I read they started again. I guess, I will try to get infopass and see how it goes.
Thanks though.
GCCovet
Hi,
That's called intrim EAD, which, I have mixed feelings about, somewhere I read , USCIS stopped providing intrim ead july 2006.
But somewhere (i don't have a link) I read they started again. I guess, I will try to get infopass and see how it goes.
Thanks though.
GCCovet
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venkybr
09-19 02:50 PM
Hi...
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
Did you mean your checks were cashed on Sept17th instead of July17th ?
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
Did you mean your checks were cashed on Sept17th instead of July17th ?
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canant
09-02 03:01 PM
:p
Got a CRIS Notification for EAD Card PRODUCTION dated Sept 2nd for my wife.
EAD receipt Dat: July 23rd
Card Production date: Sept 2nd
They say it will take 30days to get in the mail..
No idea whether it really takes 30 days or less so I can verify actual validity of the EAD card !
I don't know what worked..mailed TSC a letter to expediate.. Also emailed Local Senator and Congressman to expediate my spouse's EAD renewal.
Thanks to the IV Forum !! LONG LIVE !!!
Got a CRIS Notification for EAD Card PRODUCTION dated Sept 2nd for my wife.
EAD receipt Dat: July 23rd
Card Production date: Sept 2nd
They say it will take 30days to get in the mail..
No idea whether it really takes 30 days or less so I can verify actual validity of the EAD card !
I don't know what worked..mailed TSC a letter to expediate.. Also emailed Local Senator and Congressman to expediate my spouse's EAD renewal.
Thanks to the IV Forum !! LONG LIVE !!!
subdhar
08-24 01:35 PM
did you get this approval from TSC or nebraska??
guchi472000
03-26 09:41 AM
My PD is EB2 Nov 2006.
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