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  • soni7007
    08-07 12:54 PM
    U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.

    U'r logic should be similar to the below scenario..

    A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.

    Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.

    sunnysurya and rollingflood,
    Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.

    Ok, i will try to make it as simple as possible:

    2 guys (names - JE and MBA respectively) graduate with BS in Engineering in 2001.
    Both go to USA in 2002.
    JE goes on H1B (as Junior Engineer) while MBA goes for an MBA on F1.

    In 2003, JEs company files for his GC, PD 2003, EB3
    In 2004, MBA graduates and joins a company as a manager.
    In 2005, MBA's company applies for his GC in EB2, PD 2005.

    So far so good.

    Now, it is 2008. Both are still waiting for their GC.

    Ideally, both are in same position (they should be, as both have same amount of exposure to professional world after undergrad - one replaced the work experience by higher degree and vice-versa).

    Now, JE wants to port his PD and get into EB2 category with PD 2003. This will make him exactly 2 years ahead of MBA. If he doesn't port, they are approximately in the same situation, so the chances of them getting a GC in 2009 will be same.

    What do you think is fair?

    P.S. - I do not support this lawsuit.





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  • walking_dude
    01-11 02:55 PM
    Right. We are already here and working . How will we displace any American worker if we get the Green Card?

    ALIPAC should be renamed to Alibagh !

    How will I displace an American worker if I get a green card sooner? I am already here and already doing a job that DOL certified no other American is willing qualified or able to do!! :D

    This is beyond ridiculous!!

    Guys we need to send in our letters!!





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  • kumar1
    03-26 11:44 AM
    I agree with you 100%

    I understand. For an analogy consider theft. You might not know who did it but you lodge a complaint with the police. Its their job to investigate. Sometimes they are successful, sometimes they are not.

    In this case if the govt gets lot of complaints, and find a pattern they will investigate and find the dirt.

    All I and a few others are saying, discriminating EADs is illegal, and there is a govt. agency to deal with these things. So, if anybody is a victim contact the govt. agency. By being quite we are not helping ourselves.





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  • GCapplicant
    08-07 09:56 AM
    I am in EB3 and I have no intention to port my PD to EB2.I strongly believe we are in the last fag of the problem.

    Why do you want to spoil others chances?- Are you scared or what?

    This shows another example why we are not united.

    If DOL had only cleared those poor old needed filers without opening a backlog ,EB3 woudn't have become a laughing stock by you fellows.There was not much big difference between EB2 and EB3 earlier years before.

    That was the reason most of us agreed when we filed under EB3.

    If they hadnt wasted the visas -EB3 and EB2 should have diff of 2 years only.
    Thats the reason why EB3 is mad now.

    Whatever - People supporting this cause are mere selfish.

    If the EB3 guy wants to port to EB2 whats yr problem -

    Already EB2 is flooded with applications -Most of them know what is happening and people want only EB2 status.Thankfully there are real IV members who are against this.

    There are more exerienced and qualified EB3 people than me too.Dont spoil others future.

    Lol! down this act and get rid of the attitude.There is no success in such selfish decisions.

    Like how you need GC everyone needs GC to stay in this country.

    you have no right to bring distress to another person's life.

    Infact your are motivating EB3 to move to EB2 .

    Thankyou.

    Work with IV !



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  • nisha23
    01-15 01:45 AM
    Hi,
    I also interviewed in Mumbai on Jan 4 for an F1->H1-B status change. I was told to wait for an email from the consulate and have not heard anything as of today (Jan.15). Is there anyone who has heard from the consulate and interviewed around that time? Also, could someone please tell me what this kentucky number is which you can call?

    Thanks
    Nisha.





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  • SamTheChapu
    08-19 06:09 PM
    Congrats!!!! Can you please tell the SR process? Do we have to tell the reason why we want SR on the case? If yes, what was your reason to open SR? Thanks!

    You call the 1 800 number



    Call 1 800 375 5283 and choose option 1 for English
    * choose option 2 for checking case status
    * Enter receipt number ........., select 1 to confirm the LIN number is correct
    * It reads out the information which you can already see online
    * It gives me few options to select now:- (To repeat press 1, to check another case press 2, to report a problem with this case press 3,
    Press option 3 (problem with case) and then listen carefully to choose "case is outside processing time" and that should lead you to the representative

    note down representative name and his id.

    Tell him your information (A number, name, address, priority date etc when he asks for it) and tell him you are current and the case is outside processing time (it's too old case as the information online says they are processing 2009/2010 I 485 cases) and ask him the status of the case.
    Ask him that you want to know about if the name check is completed, FBI background clearance passed etc and where is your case right now (assigned to any IO?)

    This should trigger him to open an SR. Note down SR number.



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  • 485Mbe4001
    08-21 12:57 PM
    VLDRAO does a good job of predicting but...I dont think EB2 I will be current in a year, try to understand, the visas might be there but the USCIS simply does not have the capacity to adjudicate so many cases. There will be a flurry of approvals in September when they reassign people from other departments to consume as much as they can of the existing quota, but the fact of the matter is that visas will still be wasted.

    It is naive to assume that EB2 will be current and all problems will be solved. think practically.

    As for EB3 if all the spillover is going to EB2 then ROW EB3 as a whole is getting increasingly backlocked which implies that there is less available for spillover for EB3 I/C. Watch out for more EB3 countries getting retrogressed in early 2009.

    If I am not wrong VDLRAO is predicting Eb2 will be current with in a year if USCIS continue horizontal spillover. What is wrong with you..





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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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  • franklin
    07-09 09:01 PM
    Seriously guys you would be taking a chance as to who they make fun of and even if they do choose Emilio Gonzalez it wont be sending the right message. I'm South African so I have no experience, but surely this isn't what the Gandhigiri message was all about anyway.

    Do you know who Jon Stewart and Steven Colbert are? Have you any idea what their political stance is?! I am assuming not.:cool:

    To respond to Smitha regarding reluctance to protest. It is perfectly legal to peacefully protest. In fact, it is a right.

    One could even argue that the reason America is politically the way it is, is that the government is not afraid of it's citizens, and the power that they have if they wielded it correctly in the true democratic fashion.

    If no one protests, nothing changes. You have to fight for what you believe in.

    Are you sure you want to leave, its sounds like you'd fit right in!





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  • akred
    01-25 11:29 PM
    Check out the link to the p0rn website here. If they think this is going to attract customers, they are seriously mistaken.

    http://eventsuk.britishairways.com/sisp/index.htm?fx=event&event_id=34348



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  • mihird
    06-29 04:41 PM
    Do you respect others feelings here...

    We are all here for some justice-no arguments-no offense
    what r u...
    Mind your langauage-Did u face any serious problems from some H4-

    before you try to supress some ones feelings change your attitude-

    My intentions was not to offend anyone...all I am trying to say is blaming the H4 visa is unfair...H4's intention is to have the dependents be able to join the H1 visa holder....just that, nothing more....it is another story that most people want to do more than just that while on a H4. And for that several other visa options are all open..

    Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..





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  • bugsbunny
    09-25 02:49 PM
    It seems more and more cases are getting pre-adjudicated. This is something we all knew but its good to see its pace in a nice little chart. I like these new USCIS site improvements

    USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=9&office=4&charttype=1)

    Hey there is not change for immigration yet...but i think things are certainly much better than a year ago...maybe it will be a little better next year...atleast its not getting worse :)



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  • WaldenPond
    01-02 10:56 AM
    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

    Hello mchundi, Would you like to participate in the joint effort to talk to lawmakers on both sides so that more democrats would vote in favor of the bill.





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  • puddonhead
    06-18 10:48 AM
    I am not on L1, neither do I work in the kind of an assignment which will come under the radar due to this - but have many friends on L1. Hence I think I may have a slightly more balanced and perhaps somewhat sobering POV on this.

    Since I have many friends on L1 - I know pretty well how they are abused by their employers. Just the fact that you cant quit the employer enables some forms of abuse so subtle that they will not stand in any court of law. So I hope for the sake of people on L1, and to uphold the rule of law - that this abuse stops. If it does - their employers would be forced to bring them in H1 - which is far less prone to abuse due to the portability.

    However, the current "run to the DOL/ICE" approach that you guys are taking may have repurcussions well beyond you had bargained for. Think of it from the POV of a client manager (lets take the example of, say, a goldman manager). He has his hands full of sucking up to his boss, playing the internal politics and in his spare time doing some work. 99% of them (even those who actually immigrated themselves) have no appetite to get into the details of immigration law. So, as soon as there is a backlash on this - their immediate response would be to take the safest route out and require Citizenship/GC for all positions.

    As soon as that wave starts - many of us are going to get burnt. Many of us who have EAD, including yours truely, would probably be able to sneak through without too much of an issue (since it is illegal to discriminate against EADs) - however, many others who are not so fortunate would probably not fare so well. Most probably what will happen is that as soon as a recruiter sees brown skin and hears some trace of an accent - alerm bells would go off in the mind to check if this guy is GC holder or a citizen.

    The enabler of the L1 abuse is the non-portability of these visas. We cant do much about that in the current environment. But going all gung ho in terms of enforcement right now -when there is a recession in full swing - may not be in the best interest of any of us.



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  • Ramba
    08-21 12:55 PM
    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.

    Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.





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  • Saralayar
    04-21 11:56 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)
    and
    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.

    Guys,
    I saw a thread in IV for fixing the EB issues, which lot of guys are sending mails to whitehouse.gov. Why don't we send a mail to whitehouse.gov regarding citizenship?. If some one can draft a good mail with the details I provided, all of us can send a mail. If there are lot of mails on the same subject, definitely, it will go to the attention of the President.



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  • subh21
    10-01 12:23 PM
    Received the CPO email on the 30th :). Here is my details:
    Category: EB2
    Country: India
    Priority Date: 28th March 2006
    Interviewed last September (2009), when I was told that my case is approved and waiting for visa number.
    Second fingerprint on September 20th 2010
    Lawyer was told that my case is being "held" since there was no visa number available after my 2nd fingerprint cleared, so I wasn't expecting anything until Oct 1st, so was obviously pleasantly surprised.





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  • missourian
    06-21 02:33 PM
    What to enter in Part 16 in form I-765(EAD)

    16. Go to Part 2 of the Instructions, Eligibility Categories. In the space below, placethe letter and number of the category you selected from the instructions (Forexample, (a)(8), (c)(17)(iii), etc.).

    Please let me know





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  • Green.Tech
    09-09 12:07 PM
    EB-1, EB-2, EB-3 doesnt matter, let's get the calls going. If you don't want to be at the same stage next September, please pick up the phones and call. GC sooner or later, it's your choice! Make it happen!





    lotsofspace
    01-24 02:22 PM
    ....................

    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.

    Pluse - they put you up in a hotel if your Dubai layover is more than 8 hrs (for economy class passengers) and you get a free transit visa to visit Dubai. During my last trip to Bangalore, I went via Dubai (NYC - Dubai direct flight) and on my way back we had 11 hrs layover. My wife and I got a chance to see the city. Next time we are going to India we are planning on staying for a few days and go for their desert camp trip.


    I have heard pretty good things about the emirates in the past. I was considering it for my next trip.

    But a friend of mine traveled Emirates recently (Dec 07). His flight (and few other flights) from Dubai to India got canceled. He had to wait in the airport for 24 hours and some people for 48 hours for the next flight. That was not bad, he had to wait in line for 10 hours (yes, I am not joking) to get his booking for the next day. They did not provide the accommodation to any one. He says they were not even sorry that this happened.

    He says all the passengers slept in the corridors like how they do in busy bus stand platforms. It was unbelievable but true.

    I never flew Air India, Never through England. Hopefully never will. Thanks a lot OP for posting your experience. The Koh-hi-Noor comment was a kicker :)





    WaldenPond
    01-02 10:30 PM
    WaldenPond,

    I send u a PM.
    --MC

    Thanks mchundi. I replied to your PM. Please continue to contribute to this forum with ideas, information and participation that would help everybody here. Your participation is very important as it motivate others.

    Thanks again.
    WaldenPond



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