Wendyzhu77
08-21 04:00 PM
Regarding law suit, somebody in the previous messages made a very good point: when there is a lawsuit, that's because the lawyers can get something from it. Think last july, why are lawyers so quick to (threat to launch) lawsuit: because they have already put in half month of hard work and overtime pay (yeah, a lot of money to staff) for processing those cases, and uscis flip-flop invalidates their efforts and wasted their money, no wonder they were furious and quick to action, and that forced uscis to change decision. Now, what can they get from fighting the law suit? They havn't lost anything. And , in fact, faster processing of 485 is NOT good for lawyers: they miss money from filing ead/ap, and they miss money from multiple 140/485 filings (who would file multiple 140/485 if your case can be approved in less than one year?). Therefore, I seriously doubt if any lawyer will have the motivation to file law-suit, and especailly the basis for the suit is not solid.
I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..
Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...
we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..
Any idea Pappu..??.
I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..
Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...
we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..
Any idea Pappu..??.
wallpaper Casey Anthony reacts during
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)?
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)?
sanju
08-07 09:23 AM
There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used.
Any lawyer will tell you that you have a case because he wants to make more money. Its like going to Walmart and Walmart telling you that the product does provide value for your family. You take any case to any lawyer, 99.9% lawyers will tell you that you have a case. You go with an idea that you should be the President of the country, they will tell you "Ya I can clearly see why you feel like that and I totally agree, so you may have a case there". My suggestion is, please do not waste your money if some lawyer is saying you that "you have a case". They know that is what you - the potential client, wants to hear.
Our primary point is that the spirit of law has not been upheld.
I bet this is what your lawyer told you. Do you realize how vague this term "spirit of the law" is. But, as long as you are ok to put you money in fire, who cares. Go right ahead, knock yourself, I am right behind you and best of luck, you sure need a lot of it. :p
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used.
Any lawyer will tell you that you have a case because he wants to make more money. Its like going to Walmart and Walmart telling you that the product does provide value for your family. You take any case to any lawyer, 99.9% lawyers will tell you that you have a case. You go with an idea that you should be the President of the country, they will tell you "Ya I can clearly see why you feel like that and I totally agree, so you may have a case there". My suggestion is, please do not waste your money if some lawyer is saying you that "you have a case". They know that is what you - the potential client, wants to hear.
Our primary point is that the spirit of law has not been upheld.
I bet this is what your lawyer told you. Do you realize how vague this term "spirit of the law" is. But, as long as you are ok to put you money in fire, who cares. Go right ahead, knock yourself, I am right behind you and best of luck, you sure need a lot of it. :p
2011 Casey Anthony sits in the
gc_nebraska
08-17 12:49 PM
All,
Received CPO mail today for self, wife but then after 30 mins the status changed to 'deceison' .
Does this mean I am greened?
EB2 - India PD DEC 22 2005. NSC
I-485 receipt date: Aug 21 2007.
Opened SR on 08/11/2010
Received CPO mail today for self, wife but then after 30 mins the status changed to 'deceison' .
Does this mean I am greened?
EB2 - India PD DEC 22 2005. NSC
I-485 receipt date: Aug 21 2007.
Opened SR on 08/11/2010
more...
pittdude
03-16 09:06 PM
Let all the members who are here in USA for more than 9 years without a green card unite and make this as an ACTION ITEM for IV Core to consider this. Others who like this idea are most welcome to support this.
We all need to unite to get this going...
We all need to unite to get this going...
pat123
10-01 02:12 PM
what does it means ???
Take your I 485 application. There is a received date column and Notice date column.
Date received is the date they received your application,Notice date is the date they entered your application was entered into their system.
So, if someone with priority date of 08MAY2006 (EB2), but with a notice date of Aug 30 2007 will get the green card earlier than someone with priority date of 20April2006 (Eb2) with a notice date of Sept 15.
Take your I 485 application. There is a received date column and Notice date column.
Date received is the date they received your application,Notice date is the date they entered your application was entered into their system.
So, if someone with priority date of 08MAY2006 (EB2), but with a notice date of Aug 30 2007 will get the green card earlier than someone with priority date of 20April2006 (Eb2) with a notice date of Sept 15.
more...
desitechie
09-16 06:12 PM
Airtel call quality is really good and it's cheap compare to reliance....I stopped using reliance almost 3 years......if you pay 9.99+taxes will give you 600 minutes talk time and 45 days validity...I also used for australia and singapore, call quality was great...never had any problems...
Thanks. The 45 days validity period starts from the buying day or first use day?
Thanks. The 45 days validity period starts from the buying day or first use day?
2010 Caylee#39;s skull being removed.
vnandster
08-20 01:07 PM
The plan comes out to $33.6* inclusive of taxes in lake county IL which translates to $400/year
Not good for a low volume India caller for me. I have ooma @$200 and I don't spend $200/year calling India. I use the 3.29c/min access number calling card (not the cheapest of all) and aided with all the promotions (Diwali, Independence day etc.), I manage to stay below $200/year mark.
Not good for a low volume India caller for me. I have ooma @$200 and I don't spend $200/year calling India. I use the 3.29c/min access number calling card (not the cheapest of all) and aided with all the promotions (Diwali, Independence day etc.), I manage to stay below $200/year mark.
more...
madhuvj
08-21 01:49 PM
Just because some one said, VDLRAO predicts right, he has become a Psycic Guru here. Please stop this. Every one keeps saying , he predicts everything right. Did he predict, EB2 with PD2006 will be processed before EB2 with PD 2003. Come on Guys, Give me a break and stop this rubbish. What did he predict and on what basis. I dont have anything personal here, I appreciate him, taking efforts to come up with some number based on the calculation. But Please stop spreading this on every forum that He predicts right.
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desitechie
08-20 06:14 PM
Not long ago, I used to get internet through phone line (Dial up connection). Now I get phone through internet. Isn't it amazing?
By the way, I have been using Vonage for 5 years now and it is a great company.
FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.
By the way, I have been using Vonage for 5 years now and it is a great company.
FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.
more...
newbee7
07-09 07:19 PM
USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.
We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".
---------------------------------
Very well said..English_August!
We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.
We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".
---------------------------------
Very well said..English_August!
hot Casey Anthony Trial. Caylee
Canadian_Dream
11-25 02:09 PM
Buying house is not much different than buying stocks - both of them are investments at the most fundamental level and are hence susceptible to ups and downs. If you don't have stomach for it just don't do it.
Almost similar except:
1. You can't sell with a single click on E-Trade
2. Unlike stocks You pay taxes on your house every year.
3. You are leveraged 1:5 in your investment.
4. Your real estate investment is based on debt while stock (with an exception of margin calls) is purely on cash.
5. In stock you can never loose more than you invested. (again margin calls are exception)
6. You don't pay to play or you don't constantly have to pay to keep what you have invested.
7. Govt don't give you tax breaks to buy stock.
8. Equity holders are never bailed out by govt.
That makes real estate much leveraged and bigger liability than stock could stock ever be. And somehow govt. wants to promote home owner society but discourage stock ownership or saving minded frugal individual investors like us.
Almost similar except:
1. You can't sell with a single click on E-Trade
2. Unlike stocks You pay taxes on your house every year.
3. You are leveraged 1:5 in your investment.
4. Your real estate investment is based on debt while stock (with an exception of margin calls) is purely on cash.
5. In stock you can never loose more than you invested. (again margin calls are exception)
6. You don't pay to play or you don't constantly have to pay to keep what you have invested.
7. Govt don't give you tax breaks to buy stock.
8. Equity holders are never bailed out by govt.
That makes real estate much leveraged and bigger liability than stock could stock ever be. And somehow govt. wants to promote home owner society but discourage stock ownership or saving minded frugal individual investors like us.
more...
house week trial Caylee mother,
shx
06-16 03:24 AM
I am not supporting any fraud, but what I said is, if you find workplace discrimination and contact a career guide, they ask you to find another job. Most sincere career guides will not support lawsuits or retaliation against employer unless you are not in a position to find other work. Even read career sites for women and advice, even in cases of sexual harrassment, they ask the victim to move on as a sensible thing to do, because in the end the company will somehow make the victim lose her job. There have been 1000s of USC Vs USC cases. I am not supporting any fraud but what I am saying is retaliation leaves bad taste in the mouth and world is a small place. For larger good of your rest of career best thing to do is move on.
Only some crooked lawyer who wants money will tell you, you are doing the right thing.
Your arguments seem almost convincing. I will have to agree with you that it might be best for the OP's career to just move on to another job and ignore all the gross violations at his work place. Wouldn't that be selfish though? Who is going to set things right, if everyone cares about his/her own career advancement?
I think you should advise half of the people to move on to other jobs and the other half to fight the violations. Fair?
Only some crooked lawyer who wants money will tell you, you are doing the right thing.
Your arguments seem almost convincing. I will have to agree with you that it might be best for the OP's career to just move on to another job and ignore all the gross violations at his work place. Wouldn't that be selfish though? Who is going to set things right, if everyone cares about his/her own career advancement?
I think you should advise half of the people to move on to other jobs and the other half to fight the violations. Fair?
tattoo Jurors in the Casey Anthony
jbr
03-10 03:37 PM
Sri1309,
I agree with both of your points: a solid action plan from IV core team would go a long ways to inspire and motivate others and that we should continue spreading the word (by writing to change.gov, news organizations, law makers etc.). Comments from IV core team are welcome.
I agree with both of your points: a solid action plan from IV core team would go a long ways to inspire and motivate others and that we should continue spreading the word (by writing to change.gov, news organizations, law makers etc.). Comments from IV core team are welcome.
more...
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MeraNaamJoker
08-12 01:06 PM
Is USCIS following any pattern while approving I485 cases when the dates are current?.
Nothing in particular. Some patterns which were discussed here were mere coincedence.
Nothing in particular. Some patterns which were discussed here were mere coincedence.
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aquarianf
06-15 12:09 PM
yes you are correct .. but if you have them ( photocopy ) no harm in including .. just to show that u have maintained a legal status through out ..
any help in employment letter please
I have copies of all I-94 and I-797 but still my attorney thinks that it is not necessary to include them. My attorney also not including any w2s/tax transcript/tax returns/pay stubs. She said, her office filed so many 485s without above documents and never had any issue. Their opinion is to supply just what is needed not more not less. But my other friend's lawyer asked w2s and paystub.
any help in employment letter please
I have copies of all I-94 and I-797 but still my attorney thinks that it is not necessary to include them. My attorney also not including any w2s/tax transcript/tax returns/pay stubs. She said, her office filed so many 485s without above documents and never had any issue. Their opinion is to supply just what is needed not more not less. But my other friend's lawyer asked w2s and paystub.
more...
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gbof
08-17 12:51 PM
[COLOR="DeepSkyBlue"]Your Case Status: Decision
Case Status changed to Decision..with the above message today.
After 2 failed marriages (i mean with 2 different companies)...some risk-taking ..coz, i left my second employer after crossing 200 days since filing I-485 , Used EAD and took up full-time employment with an awesome organization , and then later 2nd employer revoking I-140 that lead to an RFE ...and USCIS keeping the status Response received since Jan 2009 ...and now this ...after opening an SR on 08/10..Looks like it took an exact week since the SR was created.
Of course, my roller-coaster was a small one compared to the rest of the friends in this forum.. Good luck to all and thanks to one and everyone.
Cheers..
Congrats, Anil. I know it's a big relief....enjoy your freedom..
Case Status changed to Decision..with the above message today.
After 2 failed marriages (i mean with 2 different companies)...some risk-taking ..coz, i left my second employer after crossing 200 days since filing I-485 , Used EAD and took up full-time employment with an awesome organization , and then later 2nd employer revoking I-140 that lead to an RFE ...and USCIS keeping the status Response received since Jan 2009 ...and now this ...after opening an SR on 08/10..Looks like it took an exact week since the SR was created.
Of course, my roller-coaster was a small one compared to the rest of the friends in this forum.. Good luck to all and thanks to one and everyone.
Cheers..
Congrats, Anil. I know it's a big relief....enjoy your freedom..
girlfriend PHOTO: Caylee Anthony
english_august
07-11 12:20 AM
I hate to be nitpicking but
The irony is, in this whole migration debate, our issues are probably easiest to solve," said Bajaj.
Bajaj its not migrationits immigration. bird migrate people immigrate
Phew! Even I hate for you to be nitpicking :eek:
The irony is, in this whole migration debate, our issues are probably easiest to solve," said Bajaj.
Bajaj its not migrationits immigration. bird migrate people immigrate
Phew! Even I hate for you to be nitpicking :eek:
hairstyles Casey Anthony is on trial for
abuddyz
02-29 08:21 AM
here are some updates..
i received reply to my inquiry email from mumbai consulate. and they wrote following in email
"Please wait till you get an email from us.
Mumbainiv/vd"
I also visited the inquiry window at mumbai consulate personally and here is the coversation I had..
me: I had my H1b visa interview on feb 11 and I want to know the status of my visa.
she: what is your name (did something on computer). it is still pending for verification
me: how long will it take?
she: it might take another 1 or 2 weeks
me: i was initially told that it will take only 1 week and it is already more than 2 weeks.
she: it takes time
me: what is the procedure to withdraw my visa application
she: if you withdraw, how will you go there?
me: i have advance parole document with me
she: it is advisable to wait for this visa. if you go on advance parole, you might be inquired at port of entry.
me: i have to find some other option as my client is waiting there.
she: if you want to withdraw, you can send an email or you can come here personally but it is advisable to wait for this visa (she said it again).
me: (i again asked) so i can withdraw and then go back using advance parole?
she: as I said, it is advisable that you wait for visa
I hope this is useful to everyone..(i have decided to wait for the visa and not use advance parole)
i received reply to my inquiry email from mumbai consulate. and they wrote following in email
"Please wait till you get an email from us.
Mumbainiv/vd"
I also visited the inquiry window at mumbai consulate personally and here is the coversation I had..
me: I had my H1b visa interview on feb 11 and I want to know the status of my visa.
she: what is your name (did something on computer). it is still pending for verification
me: how long will it take?
she: it might take another 1 or 2 weeks
me: i was initially told that it will take only 1 week and it is already more than 2 weeks.
she: it takes time
me: what is the procedure to withdraw my visa application
she: if you withdraw, how will you go there?
me: i have advance parole document with me
she: it is advisable to wait for this visa. if you go on advance parole, you might be inquired at port of entry.
me: i have to find some other option as my client is waiting there.
she: if you want to withdraw, you can send an email or you can come here personally but it is advisable to wait for this visa (she said it again).
me: (i again asked) so i can withdraw and then go back using advance parole?
she: as I said, it is advisable that you wait for visa
I hope this is useful to everyone..(i have decided to wait for the visa and not use advance parole)
leo2606
07-31 07:19 PM
What happens if we type incorrect A# on spouse application, are they going to send RFE or case will be denied?
shouldIwait
05-10 07:17 PM
dude, how many immigrants/H1/L1/GC/Gc->US citizens work for google/Msoft/Yahoo. And if you are naming these corporations as the benchmark of success/technical excellence why do you not listen to what they say about visa programs?
In addition why have these companies set up big shops in India. Although the innovations didn't happen there and there are several valid reasons for that, but just the fact that they have big footprints there means that they are able to find talent there.
In addition why have these companies set up big shops in India. Although the innovations didn't happen there and there are several valid reasons for that, but just the fact that they have big footprints there means that they are able to find talent there.
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