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  • americandesi
    03-26 02:53 PM
    I was thinking exactly like you until she educated me on this yesterday.

    The problem with the EAD is you are invoking AC21. There are several possible problems here including

    1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.

    2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.

    There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.

    So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.

    Agreed. But EAD doesn’t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it’s a waste of time/money for the company to consult with the legal department.

    I believe it’s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.





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  • styrum
    07-12 01:01 PM
    Although much older anouncements and news are still there.
    Apparently they want everybody to forget about this ASAP, let alone attract any further interest or god forbid inquiries. I don't know who in the world can still beleive that they are a "service" and we are "customers".





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  • optimystic
    03-26 02:57 PM
    I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.

    Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?

    May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!


    One can argue that an EAD guy has crossed such DOL directed verifications and legally aquired work permit. But a 'once approved 140' is not a gaurantee...right....it can get an RFE and rejected...Mostly for Employers ability to pay, but isn't it also for malpractice during PERM recruiting efforts...?

    My point being, an EAD guy is not 100% cleared of the potential fact that he could be displacing an US citizen. And that puts him under the purview of possible screening by an employer (trying or facading to trying to stick to DOL rules) and being compared to an available US citizen with equal qualifications....does it not? And by virtue of that, gives the employer to ask if a candidate is EAD or not...

    May be the policy of 'innocent until proven guilty' applies here and a work permit of an EAD guy to be treated legally as such and be not doubted. But I am digressing....





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  • sundarpn
    01-02 12:27 AM
    This is useful info. But scary :(:mad:

    I was planning to get my h1b visa revalidation done at Chennai end of Jan '08.

    Can anyone who goes for H1b revalidation post their experiences?

    is this showing any signs of improvement?



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  • letstalklc
    08-27 12:27 PM
    Hi pointelesswait,

    When we say ‘free’ we mean that you don’t have to pay additional charges per minute to call India, or to any of the more than 60 countries that we’ve added to our Vonage World plan, on top of the monthly $24.99 flat rate. Some other phone companies ask you to pay your monthly service fee, and pay hefty ‘per-minute’ long-distance charge. But with Vonage World, you pay one flat monthly fee, and you can call home all you like. Let me know any additional questions! You can reach me on Twitter @Vonage_Voice (http://twitter.com/Vonage_Voice).

    Best,
    Michael

    Michael,

    I know you are trying to promote vonage, but not addressing the issues in terms of cancellation.

    One more thing is that the taxes on the service, which is really killing part, for new yorkers, have to pay almsot 9 dollars in taxes, which is 35% of the monthly bill (24.99), it's too much when we compare with other VOIP services....

    State/Local Taxes and Fees $3.44
    FUSF (VoIP) $2.41
    Regulatory and Compliance Fee $1.49
    Emergency 911 Service Fee $1.49

    Hope vonage will come up with some thing better than this, aslo there is 5000 minutes restriction on outgoing, it doesnt matter whether you called local or international, every minute counts.....guys beware of that limit, I know 5K is lot many minutes, but still you have to monitor, if it exceeds, the account will be changed to Business and have to pay more monthly.....

    Also it would be great if you guys can come up with a feature that calling from cell phone by using vonage account.....with this option, more customers can sign up, offcourse customer service has to imrpove lot....





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  • veerufs
    09-26 05:25 PM
    Today only I realized that I filed G325 instead of G325A. I am still not in teh system. But I am v depressed. Any one aware of similar case and what is the possibilities?



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  • chanduv23
    01-10 04:35 PM
    Grow-Up guys and gals!!! There is no point I am right and you are wrong fight. Make this effort successful. Take a chill pill. Relax & enjoy the life.

    Who are u referring to





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  • NKR
    08-07 11:32 AM
    Ok guys, I got a bunch of red dots.. what more can you expect from people whose comments are as below...
    ********************
    bitch, wtf "Rolling_Flood"

    stop making dumb arguments. if you don't like this thread stay away from it.

    you have no clue who gives you reds and greens, don't presume. plenty of people quietly read and can spot out the rubbish. and no one can give two reds in a row, so i'm another person. Glad to see acceptance finally that PhDs are being disadvantaged

    ****************************

    1. Rolling_Flood, with this temper I am sure you are going to piss off your lawyer with whom you would be working (if at all you do..) on getting portability removed.
    2. �if you don't like this thread stay away from it." Lots of people disagree, that does not mean that only people who agree with you can post here. Also, how will I know if I am going to like the thread or not without visiting it?, everybody except a handful are posting something interesting, I like this thread



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  • vikki76
    10-26 08:30 PM
    This is really great news. Congratulations caliguy--I have been following your posts since Sept and know that you were quite active (read that perturbed) on your case.
    One less thing to worry about in life.
    You have been quite persistent in your efforts to get correct answer from IO.

    In my case- when I reached IO using POJ- I was told that case has been predjudicated, and now assigned to IO. How do I get more info than this? Even I have multiple 140-so ,I too am bit worried about that part.





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  • shahuja
    02-06 09:31 AM
    i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"

    what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..

    so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??



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  • WAIT_FOR_EVER_GC
    08-14 11:18 AM
    Today I received my card in mail.
    Greened on 8/3/10





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  • gcdreamer05
    08-18 09:48 AM
    Hi AndyCool,

    How did you open Infopass on aug 5th, because once SR is created they say wait for 45 days before opening infopass, as in the page where we open infopass it asks for SR#?

    Can you please share what option you selected in the web page when you tried to open a Infopass appointment.

    Thanks
    Dreamer05

    Same here

    SR: on Aug 02 ...Got a Reply wait for 60 Days case under review
    Info pass on Aug 05 : Got Reply case with officer wait 30 Days

    Just waiting ..GOD ....Give me Green :rolleyes:



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  • conchshell
    07-11 11:47 AM
    I have posted this note on flower campaign related threads, I aplozise for polluting the threads but the point is to look forward and decide what do we want to do next.

    With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.

    Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.

    Please think and try to come up with some ideas. I have come up with these four ideas:

    1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.

    2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.

    3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.

    4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.

    Please share if you come up with innovative ideas to make these rallies a huge success.





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  • gc_lover
    06-29 08:28 PM
    Suppose they reject the 485 app on July 2nd after they receive it then will they cash our checks or just return them to us.

    No...I don't think they will encash your check!



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  • maddipati1
    11-10 09:15 PM
    i did exactly same. sent 4 each for me and my wife, emailed to friends too.


    althought i might not use AC21, this is a major major issue guys!

    All the fruits of July Fiasco are gone, if this is not stopped.

    this is essential for everyone, especially in this economy.

    this is something that works, coz its just letting the idiots know what they should be doing in the first place.

    come on guys! 5 minutes and couple of $$, thats all it takes.


    I have printed my docs and will be in mailbox by tonight. Thanks to all & GO IV

    note: also forwarded to all my friends in same boat





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  • fatjoe
    10-22 03:24 PM
    Though there are many ways to contact uscis, I don't think that anything will help. I did the first 6 ways as mentioed in link, but nothing helped so far. 7 to 12 are missing. All those inquiries would tell you where you are at, but no method would trigger the IO to take your case and approve it.
    It has been almost 60 days since I opened an SR. I'm still under Intial Review. Not even LUD.
    Had two infopasses, but no requests submitted thru infopass.
    Contacted Senator Carl Levin's Office, the worst office I would say. The lady who looks after immigration does not even care about your need. Just made an inquiry on my behalf and said that it is in "Initial Review", which I knew already. She is not ready to help further.
    Contacted uscis several times, but got the same response from all CSRs "WAIT".
    I have contacted Ombudsman and submitted 7001. Not sure if they will also only make the inquiry or will really try to find out what is holding my approval
    So, I am almost like "gave up" for now. Trying to have the mind-set "God knows when to give me GC"
    All of the above methods are only "INQUIRY" AND I don't think that would have helped any one; even it had, it might have been a co-incidence only. I believe that the only thing worked was for 'SeekeofPeace' who contacted Janet Napolitino, because, USCIS called his phone # and gave him the status. I'm might consider that as my last try.



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  • 485Mbe4001
    09-24 02:49 PM
    no...
    You are assuming that the spillover from remaining countries in EB3 will be allocated to EB3 I/C/P/M. The spillover rules that changed in 2007 will ensure that those visas will first go to E1 -> EB2 and then fall to us if there is an overflow. Unfortunately that will not happen because there are many retrogressed individuals in EB2 and they will get the visas first.

    If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
    NACARA program = 40180-5000=35180

    (refer Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002)

    deduct 15% for consular processing = 29903

    again consider 5 different Chargeability Areas
    such as CHINA mainland born, INDIA, MEXICO, PHILIP-PINES and rest = 29903/5= 5980

    Worst case scenario, USCIS will have 5980 visas available for FY 2010.
    Now, if you compare data published by USCIS on pending cases can we guess
    we should see forward movement for EB3I at least July-2002 by end of FY 2010 ?

    Is it fair assessment?





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  • GC2002-2008
    02-01 11:04 AM
    This is my case in brief:
    I resigned from company A (who sponsered by RIR LC, and I-140) about a year back.
    Filed I485 using approved 140 of comapny A in July 07, in the485 application we mentioned the details of the current company I am working in. Got EAD and AP approved. (Company A's management is co-operative and supports me to take back)
    Also got 3yr H1b extension approved for current company based on the approved I140 of company A.

    Now Iam traveling to India. Had an appointment in Chennai consulate . My previous H1B visa expired in 2004.
    Will there be any issues with that much gap 4yrs, in getting stamp?
    Is it an issue not working for GC sponsoring employer?

    If I use AP what are the issues?
    If asked at PoE (Newark EWR) why not working with company A? what should be better answer?
    Please respond.





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  • akred
    01-24 12:33 PM
    the way i see..if indian airlines were upto the task.. we could have direct flights from all major cities in US..but then again how can I simply blame the British govt. for tormenting us..its the Indian govt. who can't sort this..either encourage big businesses to launch international flights with world class service..that's something which we have to wait!

    Patience :). Air India, Jet and Kingfisher have plenty of long range airliners on order with Boeing (http://active.boeing.com/commercial/orders/index.cfm?content=timeperiodselection.cfm&pageid=m15523) and Airbus (http://www.airbus.com/en/corporate/orders_and_deliveries/).





    vikramy
    09-20 01:34 PM
    I have a doubt, Did any one who sent flowers have got their Reciept No's. It's not a reasonable cause, but Just checking. You never know.





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