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  • 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)?

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  • waitnwatch
    08-21 12:46 PM
    If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.

    We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law om their own as and when needed and raise their awareness.

    You are right about members working on understanding the law in this forum and thrashing out arguments to make them fool proof. Instead I find people getting incensed at each other and creating a destructive environment instead of a constructive one.

    As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.

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  • whitecollarslave
    08-06 10:15 PM
    Who is funding this?

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  • Dakota Newfie
    05-23 11:16 AM
    For those of us who have become "current" with the latest VB movements, I have some discouraging news for you: at least for the Nebraska Processing Center, the current processing date for an employment-based I-485 has retrogressed from September to August,2006. Only a small step backwards but a step backwards all the same.


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  • dilvahabilyeha
    06-18 02:26 PM
    Hi friends,
    Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.

    ------------------Here is the lawyer email---------------------

    As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
    1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    2. Form G-325, Biographic Information. You can find this Form on the Internet here:
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:

    4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.

    5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.

    6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:

    The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
    Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:

    Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.

    7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.

    8. Employment Verification Letter. I will forward a format for this letter to your employer.


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  • prinive
    07-11 11:30 AM
    ABC NEWS missing.



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  • buddyinsd
    08-19 06:45 PM
    Congrats...Not sure whats happening with my case :( The officer is just sitting on it. It went to his desk on Aug 3 :(

    Wanted to let everybody know that we received our green cards in hand today. We immediately made a trip to the Social Security office to update the records and get rid of the clause that says "not valid for work without INS authorization". We also signed a new I-9 with the green card.

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  • mhathi
    09-15 03:43 PM
    Called all but nine of congressmen. Will try to call all of them before 5:00pm eastern


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  • pansworld
    07-09 08:42 PM
    Stating something like:

    We could not have been happier with that passing of the flowers to the brave men and women who protect and serve this country. We also hope that our message was not lost in translation.

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  • CADude
    09-21 01:17 PM
    Please write to Congressmen, Senators and USCIS complain dept.. Anyway you guys are waiting.. It will cost you less than a dime!! Who knows any one look your plight and take some actions..
    template you can get from page 4, if intrested.
    my 2 cents.


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  • Roger Binny
    04-25 04:51 PM
    Why do I get this feeling that you are an anti-immigrant on this website?

    Come clean please.

    I agree, hey TNMan, come clean.

    Where all these guys gone when Tech sector is doing real big and this side of the planet is reaping billions of dollars in profit.

    Gotcha...ok guys good job we don't care your lives go away huh ?

    Clinton is smart he brought people over here and let them pay taxes and boost atleast local economies, corporates are much smarter than these schemes they will boost or find another way to outsource.

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  • qasleuth
    09-23 09:02 PM
    Trying to wrap my head around 245i cases. All primary applicants you were physically present in the US on Dec 21, 2000 were eligible to file 485 before April 2001 (with approved labor + approvable 140). Spouses and children of those primary applicants who were not in the country have to apply using CP. So the data provided by USCIS does not contain all those CP applicants. BUT as the dates were current till 2004, USCIS/DOS HAD to know the exact number per country as consulates have to report CP applicant numbers. The only possibility for the discrepancy you mention is that USCIS horribly screwed up and we may have hundreds of CP applicants who are derivatives of 245i. Conspiracy theory ?? LOL. Man, we have to just laugh at our plight.

    No racism intended here but historically speaking number of immigrants from Mexico/Caribbean/China probably had more numbers in 245i than India. So, you question remains interesting inspite of the CP applicants possibility I mention above.

    Something is screwed up.....

    Mexico has over 2000 cases in April 2001 yet its PD is May 1st 2001
    India has less 500 cases in April 2001 yet its PD is Apr 15 2001
    This along with CIS giving "bad/incorrect" data to IV is indication of someone's malicious intentions.

    I appreciate IV's effort in getting FOIA executed and now working on aftermath of it.

    For people who are angered with whats been going on in last couple of days. All I can say is to try volunteering for IV even for a month.


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  • letstalklc
    08-21 11:46 AM
    !!!!!!!!!!!!!Not all cell phones are included!!!!!!!!!!!!!!!!!!!

    I dont think it's true, I saw these rates are under international calling plan, so we are not signing up to that plan, so I would strongly believe that all cell phone calls are included to India, the same thing you can see when we click on the 60 countires find out with the tech support guys and keep update here to get the accurate answer on this...

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    08-25 03:12 PM
    Ok...the way I see this is 5000min/month at $25 (not adding taxes) is 5 cents a minutes...that is more than what I pay for my calling cards....bottom line....if your monthly calling bill is less than $ 25 there is no reason why you should get Vonage.

    Nice math.:)


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  • obviously
    07-09 06:41 PM
    IV Core - Urge you to publish a PRESS RELEASE tomorrow to build upon the current message.

    Thank the Director for acknowledging the grassroots democractic process currently underway. Acknowledge your genuine happiness that these flowers will find a new home where they will cheer up and provide company to young men and women who are preserving and protecting great ideals of democracy. This is a clarion call to keep the pain and frustration of high skilled legal immigrants in mind when formulating and executing aspects of legislation and public policy for legal immigration.

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  • kcforgc
    04-27 01:17 PM
    But do you believe they will do any good for us or they are really interest to protect us. Their aim is to divide and rule.

    Right, it will not be good for anyone- nonimmigrants, employers or american economy. They are trying to take advantage of the current state of the economy to promote their anti-immigrant protectionist agenda. This is going to make anti-immigrant groups happy. Btw, I think these anti immigrant groups are a very small minority compared to people who support legal immigration but these are the most noisey ones.

    so, yes -it is not going to be helpful for anybody. Only results in large scale outsourcing and/or companies would not be able to place right candidates in the right roles which is going to hurt America in the long run.


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  • pmb76
    07-14 07:34 PM
    We should not let go of this.
    Being a congressman he should not misuse his first amendment to utter false statements.

    Dear congressman...i pity your lack of knowledge on H1B program and USCIS policies... We can help you understand better....Please do not make a fool out of your self.... I hope people do not look at you as a moron...and we wish you all the best in your political career.
    Ha..Ha :D - That is funny. He indeed should be sent an e-mail saying just that.

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  • chintu25
    07-12 12:23 PM
    Here is an email address for emailing letters to USCIS. Please send only approved formats from IV


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  • willwin
    09-16 09:24 AM
    If Admins donot make this thread sticky. Help me to bump this thread on top today.

    Any one will help me ?

    Please call every one.. ask spouse , co-workers and friends to call. This is last chance before election. If we loose we will not get GC for years.

    Once we have recapture we can start pushing USCIS to follow FIFO on PD. but to do that first we need numbers.

    Lets forget all thread only for today and make call.

    I will give you a helping hand on this.

    09-21 01:27 PM
    Pappu, what do you mean by "this may have delayed your greencard since July"? What is his mistake? I too have been trying all means since mid Aug. Is there something wrong with that?

    Let me give you an example and you would understand my point. USCIS Customer Services Directorate received 16 million calls from the public and 300,000 from Members of Congress. Add to it, all other items people do to get attention for their case and think that by sending an email or a phone call from Senator or by a lawyer, the officer will realize his mistake and quickly open the file and approve it. If you look at the responses people post to their inquiries, you would see that most responses are standard. USCIS is not just approving 140K greencards but more than a million greencards, hundreds of thousands of H1 and other visa types, EADs etc...every year. Greencards do not get issued on the day date gets current. It is not a automatic process. There is lot of human work involved and many people do not understand that or spend time understanding it. They would rather waste their time either on useless task of tracking or calling customer service every single day.

    03-10 01:12 PM
    Hello every one,
    I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
    Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
    What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
    Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    5. If they do not have any criminal records in these 10 years.

    Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
    Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.

    Agree with this approach. I'd rather ask big and settle for less than ask for less and settle for nothing! We really need to emphasize the point that we have been here for years legally paying taxes, other fees imposed on us NOT knowing the end state. Remember only the squeaky wheel gets the greese. More over there is never a good time, at least I have not seen one in the past 13 years, time always bring new challenges and issues but unless we speak up we dont make it to their priority list for consideration.


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