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  • looneytunezez
    01-29 06:01 PM
    It is a good thing that HR is talking to their legal dept. Legal should state that EAD status is not valid grounds of refusing employment. Consulting with their legal department is actually a good thing, have faith!

    ok this is what I have
    a) email with offer of employment and link to I9 form in offer letter
    b) accepted verbally
    c) background check done and report sent to me
    d) called and was chatting when I mentioned EAD, was told sorry we cant offer you employment due to EAD, and that is has to EAD filed by this company only because they cant verify its legality et., one way was for them to do my h1b but they are not hiring h1b right now, so sorry. later they said they would consult with legal and get back to me. however i dont hold out much hope
    e) i immediately filled out the i9 form
    f) wrote email to them outlining our conversation from d) explaining my surprise (and boy! was a surprised!) and trying to make my case that I was not a risky bet for the company because of how interminably long I have been in this country and my spouse had GC already, but mine was not processed in time before priority date became not current.

    g) hr wrote back, acknowledging our conversation and saying that they were not sure and that is why they were going to consult with their legal dept and will talk next week.

    All I have are emails and offer letter.
    I really dont want to go the legal complaining route if this can be resolved. But I am in a fighting mode. I probably would not have been so upset if I had not turned down other interviews...





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  • chanduv23
    10-30 10:45 PM
    I received a response from the ombudsman. I am not sure if our issue is properly understood by his office. When we write about AC21 issues, the response talks about I-140 delays. Gurus, please help me understand the contents of the response below:

    Dear xxxxxxxxx:

    Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.



    Generally, we do not accept case problems presented by emails. Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/). If you have an individual case problem, please follow the instructions outlined at the website.



    I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS� practices and procedures.



    Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.



    Office of the Ombudsman

    Lets continue to do what we are doing. It is very essential that all of us participate in this campaign to make it a success.





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  • royus77
    07-09 09:55 PM
    This is awesome even before getting the flowers we have achieved what was intended.

    I request members to refrain from making personal comments.
    Everyone has got their opinion but if that is against our idea and thoughts we should tackle it fairly.

    Anyways KUDOS to Everyone participated in this cause.


    The message was reched to whoever it needs to ( Media) and USCIS make it easy by posting the same in www.uscis.gov website. This is a big victory for IV and the next step is to have a big rally to carry the message forward. Please vote to join rally in DC for the week end





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  • smisachu
    09-25 11:55 AM
    This link is not working. (Page not found). can someone repost.

    Thanks

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    FYI :Goto Page 5 for India

    Some Greens Please !! :)



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  • nkavjs
    09-26 02:36 PM
    This is the same draft (I just changed the Dear.... senator./congressman/USCIS Assistant Inspector) for each and every email I sent out.
    Congressmen& Senator needs faxed copies with Date and Sign on it.
    Yes the same to the USCIS dept also. I got replies from Senator and Congressmen.. but nothing coming out of USCIS tight lips.





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  • like_watching_paint_dry
    06-18 09:23 AM
    Agreed on your point. But there are other discriminations at workplace such as , age, race, sex and sexual harrassment. Those who complain about it effectively terminate their careers. If you want to go , complain against this L1 misuse fine, but you are not going to get mileage, maybe some bad breath and bad publicity and eventual loss of reference & job. If your company / client has decided they do not want to persist with you, there are 101 ways they can get rid of you, legal or illegal, my suggestion is, if you were exposed,

    can L1fraud hold his head high in front of his client and still ask for reference with no sense of guilt in future? If not, he has lost half the game but now wants to lose the other half in a self destructive manner.

    I cannot believe you are saying this. Are you actually saying that you will let stuff like this happen just because you think your company might get rid of you if you complain? If your wife or daughter has a boss who is flashing her everyday, will you actually tell your wife or daughter to 'suck it up' and put up with it just because you fear she may not get a reference??

    Laws are designed to prevent this exact kind of thing. I personally would, to quote a Hindi movie dialog, take a sledge-hammer and change the geography of the abuser's face. On a more practical note, I would lawyer up, collect evidence, spin up a multi-million dollar lawsuit, and use settlement money to sip MaiTai on some beach in Lanai, while the harasser gets to suck on cock-meat sandwiches in the nearest penitentiary.

    Sense of guilt... the guy who is breaking the law should have that. Not the victim who wants a reference. C'mon grow a penis!



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  • GCSOON-Ihope
    04-20 12:26 PM
    A friend of mine forgot (!!) :confused: to renew his EAD when it expired last September. He then applied for renewal 60 days after the expiration date and got his new EAD without any problem, no questions asked!
    I filed for my own renewal about 90 days before the expiration date and when about 85 days had passed and I was getting worried, I called USCIS and was told: " Do you need the card to show your employer that you are legal? No? Then, don't worry about it. As long as you applied on-time, you are fine." I actually received the EAD five days after the expiration date...
    These two experiences are from California Center.





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  • logiclife
    06-15 02:34 PM
    June 15, 2007

    United States Citizenship and Immigration Services
    Vermont Service Center
    75 Lower Welden Street
    St. Albans, VT 05479

    RE: Job Letter for Mr. ______________

    Dear Sir or Madam:

    This is to certify that _____________ will provide Mr. __________ full-time permanent employment as a _____________ at an annual salary of $___________ upon becoming a Permanent Resident of the United States.

    This letter is being issued in connection with an Application for Adjustment of Status being filed on his behalf.

    Sincerely,

    I think it has to be a little more than that.

    The job description should be there in this letter that should match the labor cert (mostly if not exactly).



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  • mallu
    09-25 12:33 AM
    I guess only a minority of people get stuck in name check ( unlike immigration portal forums , the FBI namecheck discussion thread doesn't move much) or may be that majority still in the 'waiting for receipt notice/FP' mode.





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  • Honda
    09-24 10:47 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.


    Excellent Analysis.



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  • BharatPremi
    09-24 02:16 PM
    Analysis by BharatPremi is wrong.
    If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
    and of these 40180 EB3 India will get just 40180%7= 2812

    Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!

    You are wrongly mixing "country limit 7 %" into a "category limit 28.6%". Please read visa bulletin content.





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  • dtekkedil
    07-09 06:32 PM
    This message is posted on USCIS website.
    Atleast the Director is now aware of the sufferings of GC filers.

    -----------------------
    Message from USCIS Director Emilio Gonzalez

    I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    ------------------------


    Is this for real???

    Can you post a link here?



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  • snathan
    04-01 03:51 PM
    Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.

    Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?

    Perhaps he meant September 2006.

    This is not I-485 and its a CP case...





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  • pansworld
    07-09 09:37 PM
    Greeting Cards to the Vice President Cheney who is Senate Chair and the Speaker of the House, Nancy Pelosi.

    Let them read it to the Congress.



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  • logiclife
    02-17 10:32 AM
    IV has hired a lobbying firm Quinn-Gillespie and associates, a top notch Washington communications(lobbying) firm to help us advocate a sound EB greencard legislation.

    That was announced last Wednesday.





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  • pappu
    09-10 08:51 AM
    all, the list of co-sponsors is now up to 28 (plus main sponsor - Rep Lofgren).

    the chances are improving but as some great person has said - It aint over until it's over...

    http://www.govtrack.us/congress/bill.xpd?bill=h110-5882

    HR 5882
    Sponsor:
    Rep. Zoe Lofgren [D-CA]hide cosponsors

    Cosponsors [as of 2008-09-09]

    Rep. Neil Abercrombie [D-HI]
    Rep. Michael Capuano [D-MA]
    Rep. John Carter [R-TX]
    Rep. Henry Cuellar [D-TX]
    Rep. Artur Davis [D-AL]
    Rep. Thomas Davis [R-VA]
    Rep. Lloyd Doggett [D-TX]
    Rep. Anna Eshoo [D-CA]
    Rep. Gabrielle Giffords [D-AZ]
    Rep. Wayne Gilchrest [R-MD]
    Rep. Raul Grijalva [D-AZ]
    Rep. Michael Honda [D-CA]
    Rep. Sheila Jackson-Lee [D-TX]
    Rep. Doris Matsui [D-CA]
    Rep. Michael McCaul [R-TX]
    Rep. James Moran [D-VA]
    Rep. Sue Myrick [R-NC]
    Rep. Jerrold Nadler [D-NY]
    Rep. Grace Napolitano [D-CA]
    Rep. Edward Pastor [D-AZ]
    Rep. Lucille Roybal-Allard [D-CA]
    Rep. Linda S�nchez [D-CA]
    Rep. Loretta Sanchez [D-CA]
    Rep. James Sensenbrenner [R-WI]
    Rep. Peter Sessions [R-TX]
    Rep. John Shadegg [R-AZ]
    Rep. Jackie Speier [D-CA]
    Rep. Melvin Watt [D-NC]

    We should all feel proud that many co-sponsors are a result of efforts of IV and its members.When members ask proof of success, this is one of them.



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  • bondgoli007
    08-07 01:20 PM
    Hi SunnySurya an Rolling_flood,

    I am EB2 and have a Masters but I don't support your case or even the basis of it. Mostly it is because I don't think MOST of the folks who use PD porting are doing it illegally or even cutting through the line undeservedly. If I am not wrong, these folks will have put in the time (work exp wise and/or added higher education) and should rightfully get the position certified as EB2.

    Now granted that there are always a small minority people who genuinely are not deserving. First, can you define in your view what kind of PD porting is unethical?

    Additionally, can you back up your claims by providing any kind of stats of such cases per year and how much impact it really causes to the GC wait time of those already waiting in queue for EB2? Are they that significant for you and Rolling Stone to feel so wronged?

    In conclusion, unlike the unjust labor substitution process, your case is not convincing because I don't think most people availing PD porting are doing anything wrong legally and ethically. I would love to see stats and examples though.

    Regards.





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  • SunnySurya
    08-07 10:40 AM
    Zindagi hai to khwab hai
    Khwab hai to manzile hain
    Manzile hai to hosla hai
    Hosla hai to vishwas hai

    (If there is life there is a dream
    If there is a dream there are milestones
    If there are mileston there is enthusasm
    If there is enthusasm there is a confidence )

    May be you will fall from your bed!

    Wake up dude, enough of day dreaming.





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  • patiently_waiting
    09-25 07:01 PM
    Click-2-Call allows you to call only "the vonage number" from PC.It makes the vonage number to ring and connect to the destination.

    any settings need to be updated in vonage account for making the remote number to ring and connect to the destination ?

    Thanks





    rockstart
    04-27 09:09 AM
    I agree I too have never seen H1B only ad's anywhere even body shoppers never post this kind of ad which is blatant discrimination. I guess the best way to say H1B only is to post ultra low wages (something close to state minimum's) that way only H1B show interest. SO the best way to tackle it is by either raising state minimum wages to make it fair playing field for all or auditing present companies to check for misuse of H1B with folks on bench, non pay, false documentation etc.

    I am in the US for 7 years now, and frankly, I am yet to see a H1B ONLY job posting...
    Hmm... me thinks, I was hibernating in the h1b golden years :(

    pal :)





    factoryman
    06-21 01:42 PM
    that's is how my attorney sent it to me. I just looked at my record copy and answering such questions like this.

    By the way fellow IVans, don't forget to keep one copy of every thing (of course NOT the sealed cover)of AOS, EAD, AP filing for your records and future reference. Friday evn. after 3.00 PM is a good time at your office copier. Don't use - Automatic Document feeder (whatever thay call it - you pile your papers on top and press button); do it the hard way. One paper after another.

    Don't comeback and CRY that you Original Approval Notice or I-94 or BC or something like that was stuck in the copier and now damaged.

    In the section 11 of the document what should be the text incase you are supporting your spouse and child @100%

    Appreciate your help
    ///////////////////////////////
    I
    intend
    do not intend to make specific contributions to the support of the person(s) named in item 3.
    (If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnishroom and board, state for how long and, if money, state the amount in U.S. dollars and state whether it is to be given in a lumpsum, weekly or monthly, and for how long.
    ///////////////////////////////////////////////////
    Thanks
    roy



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