josecuervo
08-21 02:08 PM
wait4ever,
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
Today, I received the approval notice in mail. However I did not get the physical cards. The notice says that I may have to do the biometrics again to get the but need not take any action at this time.
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
Today, I received the approval notice in mail. However I did not get the physical cards. The notice says that I may have to do the biometrics again to get the but need not take any action at this time.
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unitednations
03-07 01:17 PM
This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.
We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.
One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.
Part of the study would be: Why is there so many Indians in the que?
What type of companies are sponsoring most greencards?
Rate of H-1b denials?
Rate of consulate denials?
How are people getting here?
What is the average wage of people being sponsored here?
if people are so skilled then why don't they go into extraordinary ability?
DOL investigations?
The list goes on and on of what the counter attacks are...
People can send out press releases, contact the senators, etc., but it is one way communication. Then other side waits and releases their information. Right now; other side is winning by large margin.
What is going on now with H-1b is direct result of quota completing so fast and it being studied with filed visits, audits. Conclusion was high rate of fraud; let's crack down.
Is everybody ready for this type of scrutiny? You may think you have done everything right but all it takes is for one case from your company sponsoring you or a company which you had h-1b in the past to get investigated and you take the fall along with many others.
We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.
One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.
Part of the study would be: Why is there so many Indians in the que?
What type of companies are sponsoring most greencards?
Rate of H-1b denials?
Rate of consulate denials?
How are people getting here?
What is the average wage of people being sponsored here?
if people are so skilled then why don't they go into extraordinary ability?
DOL investigations?
The list goes on and on of what the counter attacks are...
People can send out press releases, contact the senators, etc., but it is one way communication. Then other side waits and releases their information. Right now; other side is winning by large margin.
What is going on now with H-1b is direct result of quota completing so fast and it being studied with filed visits, audits. Conclusion was high rate of fraud; let's crack down.
Is everybody ready for this type of scrutiny? You may think you have done everything right but all it takes is for one case from your company sponsoring you or a company which you had h-1b in the past to get investigated and you take the fall along with many others.
delax
07-27 08:01 PM
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
If that were to be the case then EBROW should never have been retrogressed. E3ROW has been retrogressed for the last 20 months now.
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
If that were to be the case then EBROW should never have been retrogressed. E3ROW has been retrogressed for the last 20 months now.
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485Mbe4001
07-28 12:29 PM
good post with good points.
Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.
(On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.
(On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
more...
tabletpc
12-18 04:45 PM
The ideas and concepts of releasing your unlimited potential can only be turned into reality if you take bold action now. Wishful thinking will not make your dreams come true. . If you want to be free your thinking must control your limitations instead of your limitations controlling your thinking. Look at your life for a moment! What do you see? Do you see opportunity, love, happiness, success and fulfillment? Or, have you mentally set up restrictive limitations? If so, the fact that you have declared yourself a prisoner will make you a prisoner. Once you make up your mind to be free and declare that you are �sick and tired of being sick and tired,� you will be motivated to make necessary moves toward liberation. The truth is, you will remain where you are only as long as you hold yourself prisoner. There are only �ordinary� people who have decided to do �great� things. These are people who are motivated by a burning desire to be free in order to express their unlimited potential. Instead of blaming others for their condition, they took action to change their situation.
Hope this helps someone somewhere...
Hope this helps someone somewhere...
KRock
07-11 10:54 AM
I'm a producer for Al Jazeera International in D.C. and I'd like to get in touch with someone about this story for our network. It would be nice to talk with you this morning (Wednesday 7/11) I can be reached at 202-496-4519 or 202-651-1613. Thank you for your time,
Kelly Rockwell
Kelly Rockwell
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PDOCT05
10-05 09:35 AM
Friends...looks like TSC is doing July 2nd filed cases..lot of july 2nd filers got receipts...let's hope for our turn in the next week. Please update if any of july 3rd applicant get's RN?
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herndon
11-17 08:35 PM
Done
more...
harpomarx
07-10 01:04 PM
Can anyone do a cartoon and we can post it on the internet?
How about a caricature of Gonzalez holding a sign as follows:
WASHINGTON�The Department of State has revised its July Flower Bulletin to reflect that all available flowers have been allocated for fiscal year 2007.
As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to send flowers (Form I-356937) filed by aliens whose priority dates were current under the original July Flower Bulletin.
U.S. immigration law limits the number of employment-based immigrant flower receipts that may be issued each fiscal year.
How about a caricature of Gonzalez holding a sign as follows:
WASHINGTON�The Department of State has revised its July Flower Bulletin to reflect that all available flowers have been allocated for fiscal year 2007.
As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to send flowers (Form I-356937) filed by aliens whose priority dates were current under the original July Flower Bulletin.
U.S. immigration law limits the number of employment-based immigrant flower receipts that may be issued each fiscal year.
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reddymjm
06-08 03:27 PM
:confused: :confused: One of my friends checks sent to NSC got cleared today. But mine did not. Both of us sent on JUN1st.
more...
gc28262
06-28 09:33 AM
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
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 ?
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
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 ?
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HV000
09-26 01:09 PM
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
more...
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akhilmahajan
02-12 09:38 AM
Thanks a lot everyone.
Grand Total - $1750
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $1750
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
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sc3
08-18 06:50 PM
Ok, bear with me here.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
more...
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SDdesi
11-18 12:26 PM
Sent to:
Senator Cornyn
Senator Hutchison
Representative Johnson
Senator Cornyn
Senator Hutchison
Representative Johnson
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pallavan
09-26 10:29 AM
& who'll change it....pu55ies like u?
Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
more...
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pappu
03-12 07:37 AM
Several members have mentioned their plight on this thread. I request everyone to briefly write about themselves on the thread:
http://immigrationvoice.org/forum/showthread.php?t=1940
Make sure your profile has your name, email, address and phone number. We will try to get your story published.
http://immigrationvoice.org/forum/showthread.php?t=1940
Make sure your profile has your name, email, address and phone number. We will try to get your story published.
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saisujatha123
05-13 12:32 PM
Not sure Why IV Core should respond when a category goes off... They are working united for all overall suffering and pain for all categories...
What is IV Core? Sorry! I am new to this forum.I meant the flower campaign for all employment(Eb2 and Eb3) categories
What is IV Core? Sorry! I am new to this forum.I meant the flower campaign for all employment(Eb2 and Eb3) categories
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tonyHK12
02-17 11:40 AM
"Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....
People carry such mindsets, it is difficult to bring about awareness and change.
tonyHK12: another similar comment I see is - IV hasn't achieved anything in 2 months, so I'll quit IV and won't donate
agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.
People carry such mindsets, it is difficult to bring about awareness and change.
tonyHK12: another similar comment I see is - IV hasn't achieved anything in 2 months, so I'll quit IV and won't donate
agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.
seahawks
10-08 03:24 PM
I think "speaking change" versus working together to bring about change is where we all need to think. All of us have our own priorities and including me sometimes miss the point and sit in the sidelines. Make no assumptions, if we can't come together or put in hours of work specifically to support IV, everything will just remain a dream. We need to start taking initiatives and working towards a common goal to fix the broken system. We may disagree on things here and there and IV cannot support or take every position dear to us as an organization. We need to think as a community for the community and not purely my case or your case:)
mariner5555
08-13 01:56 PM
My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
which center ..am guessing NSC but guys please post the center too
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
which center ..am guessing NSC but guys please post the center too
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