bestia
08-31 04:17 PM
should be taken with a huge grain of salt. The job of the media is to create sensationalism so that the news can be spread.
The general issues still are true.
Well, that's the job of the media. Our job is to get GC. Although the issues are true, I would still prefer having absolutely correct articles, so no anti-immigrant could point his/her finger saying "look, immigrants are spreading lies". Just like we bashed them when they were claiming that we pay less taxes. It was a good point to discredit them.
The general issues still are true.
Well, that's the job of the media. Our job is to get GC. Although the issues are true, I would still prefer having absolutely correct articles, so no anti-immigrant could point his/her finger saying "look, immigrants are spreading lies". Just like we bashed them when they were claiming that we pay less taxes. It was a good point to discredit them.
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apahilaj
11-29 11:26 AM
Guys,
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
ramus
06-28 08:49 PM
rajakannan,
I am still waiting for your reply on this...
Please do not ask member to do what you want...
I asked you question before and I am asking you again, can you please let us know how much do you care about IV.. If you do then can you tell us what have you done till date for IV..
Please answer it now..
I am still waiting for your reply on this...
Please do not ask member to do what you want...
I asked you question before and I am asking you again, can you please let us know how much do you care about IV.. If you do then can you tell us what have you done till date for IV..
Please answer it now..
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xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
more...
pappu
01-17 10:32 PM
I have also contacted a lwyer who is different from my company lawyer. She has offered to put my case forward to USCIS (not WOM) for $ 300. She said they have means of bringing the case to their attention if its fallen through the cracks.
Do you think its worth trying ? my only copncern is she wants me to sign a new G28 and Im worried about issues with my existing case since I dont want to mess withh my company lawyer and I think I want to keep him as the attorney on file. Per this new lawyer thats not an issue and they will only be the attorney for inquiry purposes.
Any feedback on if this is worth doing ?
What does that mean?
You should have asked for specifics.
Do you think its worth trying ? my only copncern is she wants me to sign a new G28 and Im worried about issues with my existing case since I dont want to mess withh my company lawyer and I think I want to keep him as the attorney on file. Per this new lawyer thats not an issue and they will only be the attorney for inquiry purposes.
Any feedback on if this is worth doing ?
What does that mean?
You should have asked for specifics.
rvr_jcop
02-13 01:28 PM
got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11
All three of our cases looks like mailed around the same period i.e. June 2007. Looks like they looking at our files and probably pre-adjudicating. Mine went to Nebraska. What about yours?
All three of our cases looks like mailed around the same period i.e. June 2007. Looks like they looking at our files and probably pre-adjudicating. Mine went to Nebraska. What about yours?
more...
arc
10-04 11:23 AM
Did anyone transferred from NSC to CSC and back got FP notice?
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sheela
02-21 11:26 AM
Thanks Sheela. Was that visit to home, a part of your employer audit as well as it was mentioned by bujjigadu123 or something else?
Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?
Now, I think it is a random check and nothing like 'employer audit'. I never asked him -at that time I thought it was a part of background check.
I believe they are always doing these checks probability could be 1/100,000 although i have no idea at the frequency.
Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?
Now, I think it is a random check and nothing like 'employer audit'. I never asked him -at that time I thought it was a part of background check.
I believe they are always doing these checks probability could be 1/100,000 although i have no idea at the frequency.
more...
illusions
04-03 10:18 AM
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.
According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.
According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.
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texcan
08-07 05:51 PM
Not married yet. GC approved much earlier than others.
I see good news in both these sentences.
Just kidding.
Student visa option will work for you, also even if you get married
H1 is always a option to bring your wife here.
I see good news in both these sentences.
Just kidding.
Student visa option will work for you, also even if you get married
H1 is always a option to bring your wife here.
more...
ssnd03
02-28 05:12 PM
Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.
I agree that sucks. They should be processing based on PD and not RD. But when and if this >180 days policy for namecheck gets streamlined, and with PERM implemented, processing will be more FIFO than ever, even though IOs work on their own whims and timelines. I doubt visagate filers will see FIFO, but future filers will.
I agree that sucks. They should be processing based on PD and not RD. But when and if this >180 days policy for namecheck gets streamlined, and with PERM implemented, processing will be more FIFO than ever, even though IOs work on their own whims and timelines. I doubt visagate filers will see FIFO, but future filers will.
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immilaw
12-12 12:50 PM
Great News for EB3 INDIA. Moved 2 weeks and most imp crossed April 30 barrier.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
more...
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Ramba
08-07 06:04 PM
Can you back date your marriage during marriage registration?
This is called fraud. Dont advise fradulnant practice. If they find, the sufferer is not you.
Student visa also is not an ideal option. If consulate finds that the spouse is a LPR, they will deny the student visa, as student visa is a pure non-immigrant visa.
This is called fraud. Dont advise fradulnant practice. If they find, the sufferer is not you.
Student visa also is not an ideal option. If consulate finds that the spouse is a LPR, they will deny the student visa, as student visa is a pure non-immigrant visa.
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hydboy77
06-02 06:30 PM
what the heck happenned. The text has completely changed since I voted. When I voted it clearly stated the unused visas would be recaptured for family based and employment based immigrants. now it only says for family based immigrants. Have we (employment based) been shafted, is visa recapture for us Eb immigrants or not?
more...
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pankaj_singal
08-19 02:09 PM
When we e-file EAD/AP, do we get the receipt number the same moment the app is fully submitted or the reciept # comes through the mail from USCIS?
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ujjvalkoul
07-27 02:55 PM
I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
So they call to see if USCIS may be able to lookup their case by Last name or something......
So they call to see if USCIS may be able to lookup their case by Last name or something......
more...
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gcdreamer05
01-09 12:26 PM
Excellent thanks for explaining so clearly.... gave u a green !!!:D
What is the Federal Government's role in COBRA?
COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.
The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:
U.S. Department of Labor
Employee Benefits Security Administration
Division of Technical Assistance and Inquiries
200 Constitution Avenue NW, Suite N-5619
Washington, DC 20210
The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.
The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:
Centers for Medicare and Medicaid Services
7500 Security Boulevard
Mail Stop C1-22-06
Baltimore, MD 21244-1850
Tel 1.877.267.2323 x61565
I am a federal employee. Can I receive benefits under COBRA?
Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.
Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.
How do I find out about COBRA coverage and how do I elect to take it?
Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.
When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.
Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.
The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.
You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.
Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.
What is the Federal Government's role in COBRA?
COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.
The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:
U.S. Department of Labor
Employee Benefits Security Administration
Division of Technical Assistance and Inquiries
200 Constitution Avenue NW, Suite N-5619
Washington, DC 20210
The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.
The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:
Centers for Medicare and Medicaid Services
7500 Security Boulevard
Mail Stop C1-22-06
Baltimore, MD 21244-1850
Tel 1.877.267.2323 x61565
I am a federal employee. Can I receive benefits under COBRA?
Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.
Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.
How do I find out about COBRA coverage and how do I elect to take it?
Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.
When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.
Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.
The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.
You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.
Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.
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Pandi
07-13 08:13 PM
Congratulations on getting your green card. It has been an arduous and painful journey indeed. Wish you all the best :)
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ak_manu
12-22 01:35 PM
Hello All,
I have applied for PIO card for my son (who is US citizen) a month ago. We need to travel to India in end of Jan 2011 (have 1 more month). I am not sure when i would get my PIO card. Not sure if I would need to apply for ENTRY VISA to India for my son. I concern is I would have to also send out his original passport along with VISA application. I am worried if it might get lost. Q's -
1 Does any one have idea how long it took to get the entry visa?
2. Has anyone applied for entry visa and has any nightmares like loosing passport etc?
Thanks
AK_MANU
I have applied for PIO card for my son (who is US citizen) a month ago. We need to travel to India in end of Jan 2011 (have 1 more month). I am not sure when i would get my PIO card. Not sure if I would need to apply for ENTRY VISA to India for my son. I concern is I would have to also send out his original passport along with VISA application. I am worried if it might get lost. Q's -
1 Does any one have idea how long it took to get the entry visa?
2. Has anyone applied for entry visa and has any nightmares like loosing passport etc?
Thanks
AK_MANU
ramee
07-05 01:23 PM
Any one in the same boat?
smohan
08-21 10:35 PM
Kumar,
Thanks for your detailed postings.
One question to Kumar and other knowledgeable readers here.
My child is now over 21 years of age, however is OK with our present EB-3 filing. We all are on EAD. Now if I go for EB-2 route, my doubt is that my child who is already 21 plus years, will not be eligible to be beneficiary in this new EB-2 route...or is there any way?
Thanks for your attention guys.
Thanks for your detailed postings.
One question to Kumar and other knowledgeable readers here.
My child is now over 21 years of age, however is OK with our present EB-3 filing. We all are on EAD. Now if I go for EB-2 route, my doubt is that my child who is already 21 plus years, will not be eligible to be beneficiary in this new EB-2 route...or is there any way?
Thanks for your attention guys.
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