BharatPremi
03-26 03:59 PM
I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.
Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.
Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?
Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).
You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.
You still did not get it. Without evidence of discrimination it would be difficult to fight against... Forget this for a moment, in any law based battle you have to have a evidence. It is not that I do not want to fight or somebody do not want to fight. How could you make the base for fighting? This other guy, with his sheer luck (And with Capital One's stupidity) could get written evidence and so he has a valid base to fight against. And without evidence, whatever you write to whomsoever authirities, it would just be a blabbering. Even as one platform if IV decides to fight against this, IV team (Or lawyers whom we appoint) will ask the evidence first to make the case. Other thing, do not forget, what we could achieve in July 2007, the base was definately a first screw up from USCIS ( That is an evidence...). Once that screw up happened we could right away make it a reference and could make it a battle point.. Do you still understand or you do not want to understand?
Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.
Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?
Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).
You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.
You still did not get it. Without evidence of discrimination it would be difficult to fight against... Forget this for a moment, in any law based battle you have to have a evidence. It is not that I do not want to fight or somebody do not want to fight. How could you make the base for fighting? This other guy, with his sheer luck (And with Capital One's stupidity) could get written evidence and so he has a valid base to fight against. And without evidence, whatever you write to whomsoever authirities, it would just be a blabbering. Even as one platform if IV decides to fight against this, IV team (Or lawyers whom we appoint) will ask the evidence first to make the case. Other thing, do not forget, what we could achieve in July 2007, the base was definately a first screw up from USCIS ( That is an evidence...). Once that screw up happened we could right away make it a reference and could make it a battle point.. Do you still understand or you do not want to understand?
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funny
09-09 04:49 PM
Just finished calling 10 congressman's office. Will continue until the list is finished.
^^^ Don't let this thread slip down^^
^^^ Don't let this thread slip down^^
godbless
01-21 01:56 AM
I had both a valid visa stamped on my passport and AP. But my wife did not have a stamped visa so I showed her AP and my h1. The immigration inspector said that you both have to use AP to enter. I argued with him a little that I can use my h1 when it is valid but he did not agree and said that I am trying to do a fraud. Well I did not argue much and let him stamp my I 94 with a parole stamp till 01/26/2007. I have now filed for my extension.
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gc_on_demand
04-01 07:33 AM
Somebody please comment on this.
In order to utilize all visas under given category , NVC will start preparing application and forward to consulate. NVC is rarely wrong in their prediction, sometime they do start processing app in case USCIS fails act on enough cases in last quarter and in case if they have to forward date ahead they want to make sure consulates are ready with file to close.
Since this is June 2007 case , they might be expecting real GC allocation upto April 2007 but they want to keep buffer of 2 months.If person who posted this info is not making april fool joke then PD in last quarter will be defiantly up to June 2007.
In order to utilize all visas under given category , NVC will start preparing application and forward to consulate. NVC is rarely wrong in their prediction, sometime they do start processing app in case USCIS fails act on enough cases in last quarter and in case if they have to forward date ahead they want to make sure consulates are ready with file to close.
Since this is June 2007 case , they might be expecting real GC allocation upto April 2007 but they want to keep buffer of 2 months.If person who posted this info is not making april fool joke then PD in last quarter will be defiantly up to June 2007.
more...
BharatPremi
09-24 01:47 PM
Bharatpremi,
Thanks for the excellent analysis. One question, your analysis assumes category excess visas goto next category on a per country basis, is this correct ?
Ans: Yes. In reality nobody is sure how USCIS is spilling over, vertical way, the way which I have assumed here OR horizontal way as per your belief OR combination of both.
Example, EB-1 china number goto EB-2 China ? I thought all EB-1 China numbers are added to the excess pool and then given to most retrogressed EB2 category ?
Thanks for anyone who clarifies this.
No matter how the data is sliced and diced, being EB3-I certainly means a loo...ong wait time ... :) yes , agreed. No matter how you slice or dice, EB3-I is and will always be "Sautan Ke Chhore" (Step Sons/daughters):)
Thanks for the excellent analysis. One question, your analysis assumes category excess visas goto next category on a per country basis, is this correct ?
Ans: Yes. In reality nobody is sure how USCIS is spilling over, vertical way, the way which I have assumed here OR horizontal way as per your belief OR combination of both.
Example, EB-1 china number goto EB-2 China ? I thought all EB-1 China numbers are added to the excess pool and then given to most retrogressed EB2 category ?
Thanks for anyone who clarifies this.
No matter how the data is sliced and diced, being EB3-I certainly means a loo...ong wait time ... :) yes , agreed. No matter how you slice or dice, EB3-I is and will always be "Sautan Ke Chhore" (Step Sons/daughters):)
nkavjs
09-20 03:01 PM
The question is ....... why is our applications (2nd July) not processed, where as applications for August filers are processed and ahead of mine.
more...
rajeshalex
10-13 04:26 PM
eb3retro, I sent you a PM or you can send me a private message with your email id.
I will sent you the referral email and you can register vonage with that. In that case I will get 2 months free and you will get 2 months free..
I will sent you the referral email and you can register vonage with that. In that case I will get 2 months free and you will get 2 months free..
2010 VBS 2010
waiting for GC
09-24 05:49 PM
Got the CPO mails for myself and spouse.
11 years wait is over finally. I wish all the best for the remaining folks !!
11 years wait is over finally. I wish all the best for the remaining folks !!
more...
saturnring11
08-16 01:23 PM
Today, I got a phone call from an IO at 7:45 am waking me up from my sleep. She said she was following-up on my request to the Senator to get a case update. She told me that my case is in transit to an officer from the holding facility.
This is the same status I got from my Infopass almost 10 days ago. How long does the case go from in-transit to assigned to an officer?
Is this common to get phone calls like this? She did give me her phone number and asked me to follow-up if I don't hear back in two weeks. Anyone experienced a similar situation?
This is the same status I got from my Infopass almost 10 days ago. How long does the case go from in-transit to assigned to an officer?
Is this common to get phone calls like this? She did give me her phone number and asked me to follow-up if I don't hear back in two weeks. Anyone experienced a similar situation?
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indyanguy
09-24 02:45 PM
Since the forecast is EB2-I will be current in a few years. Does that mean that someone with a PD of 2009 (EB2) would get the GC faster than someone with a PD of 2004 (EB3)?
more...
ganguteli
05-09 02:01 PM
Let us talk about the "skills" introduced by H1/L1/offshore companies
a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies
Should I add to this list of "skills" further?
You want to talk about skills .. Huh?
Lets start with Madoff ...... :D:D:D:D
a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies
Should I add to this list of "skills" further?
You want to talk about skills .. Huh?
Lets start with Madoff ...... :D:D:D:D
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soni7007
08-07 01:24 PM
LOL...
This reminds me:
Car = $30,000
iPhone = $200
House = $450,000
Icecream = $2.50
TV = $500
There are some things money CAN buy, For everything else, there's GREEN CARD
(i don't know what everything else is though...LOL)
To add a few more conditions to the aforesaid situation...
This is 2008.. Both JE and MBA are thinking that they will get their GC in 2009...
Meanwhile they start arguing.. and many like them join their verbal-struggle..
Because of this, IV community is divided.. Earlier only 200 people used to respond to action items .. now because of the rift only 100 do... this weakens the momentum that the campaign had..
Meanwhile, NumbersUSA et all increased their efforts..
Anti-immigration forces are united and under their pressure all the EB relief bills fail...
Election is close USCIS shifts the focus to FB visas..
EB backlog, retrogression goes up..
JE and MBA still fighting their verbal fight... in same line.. still fighting with words... with few more years added to their wait-time.
This reminds me:
Car = $30,000
iPhone = $200
House = $450,000
Icecream = $2.50
TV = $500
There are some things money CAN buy, For everything else, there's GREEN CARD
(i don't know what everything else is though...LOL)
To add a few more conditions to the aforesaid situation...
This is 2008.. Both JE and MBA are thinking that they will get their GC in 2009...
Meanwhile they start arguing.. and many like them join their verbal-struggle..
Because of this, IV community is divided.. Earlier only 200 people used to respond to action items .. now because of the rift only 100 do... this weakens the momentum that the campaign had..
Meanwhile, NumbersUSA et all increased their efforts..
Anti-immigration forces are united and under their pressure all the EB relief bills fail...
Election is close USCIS shifts the focus to FB visas..
EB backlog, retrogression goes up..
JE and MBA still fighting their verbal fight... in same line.. still fighting with words... with few more years added to their wait-time.
more...
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ksam75
06-29 06:17 PM
I can't believe this is happening to me. My priority date became current as of June1. My attorney has sent my wife's petition to Chicago instead of NSC. He got the petition returned this afternoon. I got my I485 approved on June 25. My wife is currently out of status. If the rumor is true, I'll be totally screwed. After 10 years in this country, a dumb mistake pretty much ruined my life.
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saileshdude
09-15 03:00 PM
Hi msadiq,
Can you share the exact text of RFE as well as the wordings of the employer letter you provided to respond to the RFE.
If you want you can PM me. I would appreciate it.
Thanks.
Got Card Production Ordered today..
Priority Date - Nov 2005, EB2
Got an RFE last month, approved after RFE was responded..
Can you share the exact text of RFE as well as the wordings of the employer letter you provided to respond to the RFE.
If you want you can PM me. I would appreciate it.
Thanks.
Got Card Production Ordered today..
Priority Date - Nov 2005, EB2
Got an RFE last month, approved after RFE was responded..
more...
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kuhelica2000
11-26 12:28 PM
I got your point and I difffer with that. Your point is-only defective items should be returned and I am saying it doesn't need to be defective. As long as you are not completely satisfied you should be able to return it and price is an element in customer satisfaction. That's why stores do price match so you don't need to return their merchandise. Stores that don't do price match deserve their goods to be returned.
Also, I didn't put words in your mouth. "Returning used merchandise is a fraud" - these words came out of your own mouth. Check your own post.
You're not getting my point! If you the merchandise is defective it is perfectly fine to return it.
Why do you guys feel the need to simply assume things and put words in someone's mouth and then go off trying to show off their opinions????
Go back to my post and read!!!!!!!!!
Also, I didn't put words in your mouth. "Returning used merchandise is a fraud" - these words came out of your own mouth. Check your own post.
You're not getting my point! If you the merchandise is defective it is perfectly fine to return it.
Why do you guys feel the need to simply assume things and put words in someone's mouth and then go off trying to show off their opinions????
Go back to my post and read!!!!!!!!!
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Green.Tech
09-21 10:40 AM
If anyone needs any details on email/letter format please let me know. (Green.Tech, Saileshdude...)
I will take you up on your offer. Can you please PM me the details on the e-mail/letter, or post here, whatever you feel comfortable with? Thanks!
Enjoy your day!
I will take you up on your offer. Can you please PM me the details on the e-mail/letter, or post here, whatever you feel comfortable with? Thanks!
Enjoy your day!
more...
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eb3_nepa
02-20 02:00 PM
WaldenPond pls check ur Private Messages and respond ASAP
Thanks
Thanks
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jasmin45
07-13 07:14 AM
Article link was on this website.
http://lawprofessors.typepad.com/immigration/2007/05/lou_dobbs_lepro.html
May 30, 2007
Lou Dobbs, Leprosy, and Immigrants
In "Truth, Fiction and Lou Dobbs" by DAVID LEONHARDT writes about the latest controversy about Lou Dobb's "reporting" on immigration that came to light on a �60 Minutes� segment profiling Dobbs a few weeks ago. According to Leonhardt,
a �60 Minutes� producer came across a 2005 news report from Mr. Dobbs�s CNN program on contagious diseases. In the report, one of Mr. Dobbs�s correspondents said there had been 7,000 cases of leprosy in this country over the previous three years, far more than in the past. When Lesley Stahl of �60 Minutes� sat down to interview Mr. Dobbs on camera, she mentioned the report and told him that there didn�t seem to be much evidence for it. �Well, I can tell you this,� he replied. �If we reported it, it�s a fact.�
The truth is that the evidence behind the statement is jist not there. The Southern Poverty Law Center later took out advertisements in The New York Times and USA Today demanding that CNN run a correction.
For more of the story, click here. How can a reputable international media outlet like CNN put up with such shoddy reporting on one of the most pressing social issues of our generation?
http://lawprofessors.typepad.com/immigration/2007/05/lou_dobbs_lepro.html
May 30, 2007
Lou Dobbs, Leprosy, and Immigrants
In "Truth, Fiction and Lou Dobbs" by DAVID LEONHARDT writes about the latest controversy about Lou Dobb's "reporting" on immigration that came to light on a �60 Minutes� segment profiling Dobbs a few weeks ago. According to Leonhardt,
a �60 Minutes� producer came across a 2005 news report from Mr. Dobbs�s CNN program on contagious diseases. In the report, one of Mr. Dobbs�s correspondents said there had been 7,000 cases of leprosy in this country over the previous three years, far more than in the past. When Lesley Stahl of �60 Minutes� sat down to interview Mr. Dobbs on camera, she mentioned the report and told him that there didn�t seem to be much evidence for it. �Well, I can tell you this,� he replied. �If we reported it, it�s a fact.�
The truth is that the evidence behind the statement is jist not there. The Southern Poverty Law Center later took out advertisements in The New York Times and USA Today demanding that CNN run a correction.
For more of the story, click here. How can a reputable international media outlet like CNN put up with such shoddy reporting on one of the most pressing social issues of our generation?
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unseenguy
06-15 01:39 AM
Get over with it bunch of whiny losers. Someone can can and is willing to do the job cheaper than you.
Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
delhiguy79
08-23 08:51 PM
Hey guys,
I asked a few questions regarding multiple filings to Rajeev Khanna, see question no 15....
http://www.immigrationportal.com/sho...d.php?t=261757
and his answers are recorded in the following link...
http://www.immigration.com/improving...nce_calls.html
FBI name check will be done once only...and if we ve not mentioned on both 485 forms about the other one we should write a letter to INS and inform them....which wud help in not delaying...
If u ve any other info plz share....
Thanks....
I asked a few questions regarding multiple filings to Rajeev Khanna, see question no 15....
http://www.immigrationportal.com/sho...d.php?t=261757
and his answers are recorded in the following link...
http://www.immigration.com/improving...nce_calls.html
FBI name check will be done once only...and if we ve not mentioned on both 485 forms about the other one we should write a letter to INS and inform them....which wud help in not delaying...
If u ve any other info plz share....
Thanks....
shantak
07-10 10:03 PM
http://www.nytimes.com/reuters/washington/politics-usa-immigration-indians.html?_r=1&oref=slogin