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  • anotherone
    01-29 05:33 PM
    ok this is what I have
    a) email with offer of employment and link to I9 form in offer letter
    b) accepted verbally
    c) background check done and report sent to me
    d) called and was chatting when I mentioned EAD, was told sorry we cant offer you employment due to EAD, and that is has to EAD filed by this company only because they cant verify its legality et., one way was for them to do my h1b but they are not hiring h1b right now, so sorry. later they said they would consult with legal and get back to me. however i dont hold out much hope
    e) i immediately filled out the i9 form
    f) wrote email to them outlining our conversation from d) explaining my surprise (and boy! was a surprised!) and trying to make my case that I was not a risky bet for the company because of how interminably long I have been in this country and my spouse had GC already, but mine was not processed in time before priority date became not current.

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

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





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  • lutherpaul
    09-29 09:00 AM
    What was the LUD you received on Sep 17th? I got the same msg on 09/09, but nothing after that. Is your online status changed to card production?
    There is no message. Just a soft update on the date. I just called USCIS and no news was disclosed and asked to wait for another 30 days for response.





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  • gcgreen
    08-07 02:09 PM
    actually it does matter, right. what happens if the dates retrogress significantly for EB2 again, because of the influx of EB3 to EB2 ports? Then EB2 folks with later priority dates will miss the boat.

    But the question is whether the EB2 folks who are missing out are getting an "unfair" deal. That is debatable.

    Let us assume that EB2 is going to be current in a year or even sooner than that. Given that situation, and arguing that about 500 people jumped ahead into line over you in to EB2 from EB3, still I do not foresee that their GC's will be approved before the people who are already in line, because

    1) as FIFO is not being followed by USCIS, probably they are processing cases based on RD,
    2) PD porting is effectively done at the time the second I-140 IS APPROVED. At I-485 stage you can only hope to PD recapture and cross your fingers after sending a no fee letter. This will surely would need additional scrutiny, hence is not a so called 'Low hanging fruit'. Even if an EB3 person wants to start his process right now, it will not be probably before a year and half to two years before he/she is ready to port, and by that time you are past the gate or significantly nearer.

    so my point of view is if you look at this thing negatively, you would have a Heartburn and related health issues, but if you are positive and an optimist you would deserve what you get.

    stay healthy! that is more important than stressing yourself on issues which in the long term do not matter really. (You will get GC on or two rears later in the worst case scenario). cheer up folks:D:D:D





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  • Macaca
    12-08 09:02 AM
    Dobbs attacks 'corporate supremacists' (http://www.signonsandiego.com/uniontrib/20071208/news_lz1ed8bottom.html) UNION-TRIBUNE EDITORIAL, Dec 8, 2007

    Lou Dobbs says he doesn't like name-calling � especially when the names are aimed at him and include �protectionist� or �nativist.�

    Yet, as regular viewers know, the CNN host can slander with the best of them. His latest term of art: �corporate supremacists.�

    In the world according to Dobbs, those are the rich and powerful business interests that are constantly conspiring against the interests of hard-working Americans in the middle class. For the most part, the plotting takes the form of pushing trade agreements and supporting sensible and comprehensive immigration reform. According to Dobbs, those things serve the interests of big business but undermine the interests of the rest of us.

    So wealthy corporations are out to crush middle-class Americans?

    What nonsense. Those are the same Americans that corporations depend on to build their labor force, buy their stock and purchase their products. If these Americans don't do well, our economy falters. And that's not good for corporations, or anyone.

    Nor is childish and irresponsible rhetoric good for public discourse or the country as a whole.

    This is the world's healthiest economy, and a country with just 4.7 percent unemployment. Of course, there is anxiety, as there always is in a global economy with so many unknowns. As the world changes, it's only natural for Americans to feel some unease.

    Shows like Dobbs' don't help. By providing Americans with convenient foils to blame for their troubles � from illegal immigrants to the Chinese to now those dreaded corporate supremacists � Dobbs makes it easy for Americans to escape the consequences of their own life choices. No wonder that message is popular. It's easier to blame someone � or something � for your problems than to do the hard work necessary to solve them.

    Gee, where did we leave that remote control?



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  • abuddyz
    01-30 08:31 AM
    I have a WAC number and petition approved in Feb 07. Stuck here for 1 month, 18 days and counting. I called DOS and didn't receive a positive response. Will try calling KCC tomorrow.

    :confused:

    Good luck to you.. I understand it is really frustrating... and they don't really care for us.

    if more people post their details then we might be able to conclude something.. there are always exceptions so it is very difficult to figure out.. (well, it might be possible that there is no pattern but if we get more details of more cases then we can think something... after all we can't do anything apart from this ...:mad: )





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  • texanguy
    10-01 03:25 PM
    This point has been already discussed before.it was mentioned that married dependents can be added later on if their country of birth is different...

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    How come there is pending cases in 2007, 2008 and 2009 for EB2 and EB3 India?

    From the PDF I see the following

    EB2
    2007 after july fiasco - 559
    2008 - 178
    2009 - 9

    EB3

    2007 after july fiasco - 466
    2008 - 88
    2009 - 5

    My understanding is that the visa bulletin were never open for priorty dates from Aug 2007 to till date....EVER..

    I may be missing something..



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  • Saralayar
    01-06 06:30 PM
    I am all for it, and would support it in whatever way possible. Although not sure how it would work. It would require a gigantic change in the US laws.

    I am here for past 11 years paying all possible taxes. Fortunately i was able to file 485 in 07, thru my second gc filing. Bought a house in '06 in a bold move, with the hope that gc would come thru sooner or later. Overall happy with the move to my own house (though the house value has dropped considerably since). Waiting is really painful, but I'll continue to maintain a positive outlook till then.
    Can any one take a lead on this and volunteer?. As I am not an expert in it, I am asking any of the members of IV to take initiative. We will support in what ever way..





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  • gc_chahiye
    06-25 05:29 PM
    it coul dmatter..if the histrionics of teh last 2 years are repeated...

    that is actually true. My heart goes out to the people who were stuck at a date for an year and a half, and all of a sudden that date jumped two years...

    I asked my lawyer this, and he said that per a USCIS (Pearson?) memo you can change the underlying I140, but it applies to the same person. This is called interfiling. He said some people have taken this to assume that you can also request that underlying I-140 be changed across applicants, and primary-derivative names be flipped, but he is not sure if this will work, he has never done this in any case so far, and its a grey area.



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  • vdlrao
    03-29 06:08 PM
    Based on your calculations , Experts, please let us know what to expect, if 12000 GC are released for EB2. Where will the cutoff come and stop..
    Can you please post that link that shows how many are waiting year-wise.

    12000 GCs for EB2 India and China means, with out any doubt it fetches 5 months forward movement.

    But at present scenario EB2 China is at 22JUL06 and Eb2 India is at 08 May 2006.

    On an average EB2 India has a demand of 1.5k per month.

    EB2 China has a demand of 700 per month.

    So the EB2 India moves 7 months ahead where as China moves 4 months ahead.

    So both EB2 India and China will have the same Cut Off dates and it would/might be: May + 7 Months = December 2006 .


    This is my assumtion.

    .





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  • gbof
    10-02 02:12 PM
    To all who are getting green. Good to see many approvals in the first few days itself.
    Best wishes to all others.

    best of luck to you. I guess your case is on the track now.....



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  • gc_vbin
    04-05 03:57 PM
    The comments in this update kind of seem contradictory to me. It says that there might be possibility for greater advancement than earlier thought... and then they talk about moving it back.
    Whatever it is..I don't know why they are creating so much publicity about this bulletin. Does it mean they are going to advance the dates by a couple of years??? If it was for a few months why would they create so much hype about this?

    Is that mean they are going to move the PDs much further and again move back during the end of the year!!

    So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!


    .





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  • whitecollarslave
    03-26 05:43 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!

    There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
    http://www.murthy.com/news/n_permfl.html
    http://www.ailc.com/perm-labor-certification.htm
    http://www.foreignlaborcert.doleta.gov/perm.cfm
    http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm

    They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.

    For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.

    HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.

    So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?



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  • beppenyc
    02-02 04:39 PM
    Any comment? It is a very interesting article, it look like an advice from the WSJ to the repubblican party : do not get dirty with the Immigration, becasue US citizens does not cares. I agree with that. The unemployment rate is very low, and the Agricolture business is based with the immigration labor, the same with trucking, storage and do not talk about resturant and cleaning business.





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  • waitnwatch
    08-21 12:11 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........



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  • victory123
    05-17 04:19 PM
    Thanks a lot fromnjia! I do have the receipt from USCIS.It makes me feel much better now.I'll send all the 485 papers after June 1st.hope 485 clears smoothly for me.





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  • pappu
    01-08 03:36 PM
    Multiple-Year Single EAD-AP Card Reportedly Limited to Visa Regrogression 485 Filers

    Some more details have been released on Mr. Aytes' statement on this plan. Reportedly, such multiple year card may be issued only to those who suffer the visa number retrogression. In other words, those 485 filers who will experience delays in 485 applications who do not suffer from the visa number retrogression but from the USCIS delays including namechecks are not likely to benefit from the upcoming multi-year card issuance.

    I posted about this here
    http://immigrationvoice.org/forum/showthread.php?p=212615#post212615



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  • CADude
    09-26 12:12 PM
    Good Luck. We will make difference for remaining July 2nd filer.
    Attorney via AILA can make a difference, if he/she wish so. I can't even contact my own attorney. crap company policy.

    OK,

    July 2nd filer and hear nothing.

    Faxed congressman’s office yesterday (Tuesday) morning. The immigration staff called back right for more information. She said she would make an inquiry through her channel.

    She called me just now (Wednesday morning): my application is lost – meaning USCIS can’t locate me in their system. This is not new. She probably just called the USCIS customer service line but they can’t say crap like call back after 90 to 120 days. The staff was told that USCIS asked to give them a week to do some inquiry into their system and she will call me back next Wednesday.

    On Monday, my attorney has sent an inquiry to the local Senator’s office on the 4 pending cases he has filed. Not heard anything back yet.

    Given all the crap I have heard from USCIS customer service, I have NOT made a single call. That would have not made any difference on the fact I am not on the system anyway.

    Will post back if there is development.





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  • Saralayar
    01-07 11:41 AM
    I fully support this...

    People who meet the conditions above can benefit the US Economy in a long run because...
    1)Deficits are going to be high for a long time...in trillions, and if we are allowed to apply for naturalization directly, there is a better chance for us to pay taxes to reduce the burden.
    2)If we are asked to leave now, the US is committed to Social Security payments(with the minimum 40 points) even if we are outside.
    3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.

    If this Bill is introduced in congress, people will listen because...
    1)People waiting for 10 years... and done all the right things, no one can simply ignore. Also, there will be a sense of guilt on the US Government to have let the situation deteriorate. They will think of ways to make the transition smoother... remember they created a special green card category for Iraqis since there was a sense of guilt.

    2) Whether this passes congress or not, there is a legitimate argument of asking for the congress to rectify the situation. That is the best we can do.

    3) We need to give more and more options to the congress. Not everything sticks, but even if one or two get passed, it goes a long way to help all of us.

    I personally will contribute bigtime if IV core want to take this up!

    Core IV, We are waiting for you to take it up. We will support.





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  • mhathi
    09-09 11:55 AM
    These people are already co-sponsors. Do not call them.. Call the rest.

    Artur Davis (D-Ala.) 202-225-2665
    Jerrold Nadler (D-N.Y.) 202-225-5635
    Linda Sanchez (D-Calif.) 202-225-6676
    Jim Sensenbrenner (R-Wis.) 202-225-5101
    Melvin L. Watt (D-N.C.)202- 225-1510
    Zoe Lofgren (D-Calif.)202- 225-3072





    tdasara
    07-13 10:29 AM
    Gandhi once said 'Be the change you want to see in others'

    Mr Dobbs is hardly close

    1. CNN hires H1b's why does he still work for them?
    2. I bet even his 'underw**r' is made elsewhere.
    3. Why does he draw 7 digit salary and calls himself savior of middle class?
    4. Many of his TV show guest speakers are known anti-immigrants!

    Just as Hilter blamed many of Germany's owes on someone else, Mr. Dobbs does it on immigrants.

    He has quoted in his book that H1b/L1 visa holders never pay taxes and take money home!

    Alas he belongs to the elite in the media and currently too powerful!





    unseenguy
    06-19 01:29 AM
    Here is your post on 6/15/2009 @ 4.49pm
    http://immigrationvoice.org/forum/showpost.php?p=352619&postcount=82

    See the words in RED BOLD font. They highlight you mentioning the word "REFERENCE". Kapish?!

    Maybe you should check on your eyesight. And while you're at it, get your head examined as well... memory loss is an early sign of onset of senility.

    Dick head, as I said check your reading comprehension skills. I am sure you will flunk it. Agreed reference was in my post but you have diluted the whole meaning of my post. Great that you are a perfectionist who reads words carefully.

    You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.

    I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.



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