jonty_11
06-21 12:59 PM
Its just sad that when it comes to processing immigration applications, we are too many. But when it comes to contributions or calling senators and sending emails, WE ARE TOO FEW :confused:
That the agonizing truth.
That the agonizing truth.
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WaldenPond
03-02 05:33 PM
Here is the news that is very important but often overlooked in the immigration spectrum:
"Senate OKs Patriot Act renewal sends to House"
http://www.msnbc.msn.com/id/11638713/
Why this is the news is good and relevant from the point of view EB provisions?
Because EB provisions (section 8001) were thrown out of S.1932 because of the differences between key players over the Patriot act. Now that this is out of the picture, at least there is one less thing to worry about.
"Senate OKs Patriot Act renewal sends to House"
http://www.msnbc.msn.com/id/11638713/
Why this is the news is good and relevant from the point of view EB provisions?
Because EB provisions (section 8001) were thrown out of S.1932 because of the differences between key players over the Patriot act. Now that this is out of the picture, at least there is one less thing to worry about.
bomber
07-01 12:38 PM
Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
You are right but only if DOS revises the bulletin. The more likely scenario is that DOS will send a notification to the USCIS that all visa numbers have been exhausted and then it will be upto USCIS to decide what to do. I that case USCIS will most likely accept all applications received up to that point- Same thing happened last month for EB-3 Other workers!
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
You are right but only if DOS revises the bulletin. The more likely scenario is that DOS will send a notification to the USCIS that all visa numbers have been exhausted and then it will be upto USCIS to decide what to do. I that case USCIS will most likely accept all applications received up to that point- Same thing happened last month for EB-3 Other workers!
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shreekhand
09-23 07:37 PM
Precisely.... many are jumping the gun and are merrily thinking things will be current by 2010 !!
But, woudn't the 75% of 140K quota for next two years be consumed by ROW applicants who are about to apply. Becoz they are current wouldn't the VISA number go to them..
All the above calculations I guess are assuming that the entire 140K will be given the pending 485 application..May be I am missing something.
But, woudn't the 75% of 140K quota for next two years be consumed by ROW applicants who are about to apply. Becoz they are current wouldn't the VISA number go to them..
All the above calculations I guess are assuming that the entire 140K will be given the pending 485 application..May be I am missing something.
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BharatPremi
03-26 10:32 AM
I agree we might not always have hard evidence unlike the OP here. And lot of employers might be doing this. I have never faced this, yet. However, we have to act on it. The first step is to complain to the govt. Maybe if there are lot of complaints, govt will investigate and find the dirt, and fix it.
Another idea is to bring it to the attention of the job boards that discriminatory ads should not be posted. Lets give this a try.
To those effected, write to the govt if you are in a situation where you can.
Right but the here problem is that how to come up with written evidence of discrimination? These jerks do not send you an email "Hey, we do not consider EAD". Their pattern is generally as under.
You get an first email for their interest as your resume matches teh job
description and they want you to spit out everything in your reply
Say you have written " Authorized to work for Any employer in USA" for
work status, they do not communicate to have you spitted out specifics.
They call you. If you do not spit out, they would not go ahead. If you spit
out "EAD" smart ones do not even talk further and you find all
communication stopped. Now this is my own experience. Tell me how can
I convert this into "evidence of discrimination". Even if I have tape
recorded conversation, that guy did not utter any single word after I
spitted out "EAD"
Another idea is to bring it to the attention of the job boards that discriminatory ads should not be posted. Lets give this a try.
To those effected, write to the govt if you are in a situation where you can.
Right but the here problem is that how to come up with written evidence of discrimination? These jerks do not send you an email "Hey, we do not consider EAD". Their pattern is generally as under.
You get an first email for their interest as your resume matches teh job
description and they want you to spit out everything in your reply
Say you have written " Authorized to work for Any employer in USA" for
work status, they do not communicate to have you spitted out specifics.
They call you. If you do not spit out, they would not go ahead. If you spit
out "EAD" smart ones do not even talk further and you find all
communication stopped. Now this is my own experience. Tell me how can
I convert this into "evidence of discrimination". Even if I have tape
recorded conversation, that guy did not utter any single word after I
spitted out "EAD"
alanoconnor
09-28 11:05 PM
Are you from India/China ? I will be surprised if you are from one of those and name check cleared this fast.
From Ireland
From Ireland
more...
caliguy
10-22 05:19 PM
@ fatjoe
I will call them tomorrow to find the status. Thanks for providing the phone #.
Btw, can you send me a pvt msg with your email address? Thanks!
Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
[/QUOTE]
I will call them tomorrow to find the status. Thanks for providing the phone #.
Btw, can you send me a pvt msg with your email address? Thanks!
Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
[/QUOTE]
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nrk
10-15 05:42 PM
What number did you called man, If possible please can you give the details of the call.
i want to find my out case is pre adjudicated or not.
2 months back or so when i called the representative told that they don't have access to those details.
I could reach IO yesterday. representative said that me and my wife's cases are preadjudicated. Not sure if I could believe this...
i want to find my out case is pre adjudicated or not.
2 months back or so when i called the representative told that they don't have access to those details.
I could reach IO yesterday. representative said that me and my wife's cases are preadjudicated. Not sure if I could believe this...
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whitecollarslave
03-27 12:08 AM
There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc
From their Employee Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf
If an employer has denied you work or fired you because she or he will not accept your work authorization as proof of your legal right to work in the U.S., or they only hire U.S. citizens or permanent residents, she or he is breaking the law. You need to show the employer the List of Legal Work Papers on the left. If the employer still insists on seeing a particular document, or refuses to hire you, call OSC right away.
From their Employer Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf
As an employer, to avoid employment discrimination based on nationality or citizenship status, you must -
Treat all people the same in announcing the job, taking applications, interviewing, offering the job, verifying eligibility to work, hiring, and firing.
From OSC Update newsletter April 2004:
http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf
...various internet job boards list numerous job postings requiring that applicants be U.S. citizens or permanent residents (or “green card” holders) only. In addition, many job postings, especially for positions in the high tech industry, express a preference for H-1B visa holders only. In most cases, it is unlawful discrimination to require job applicants to have a particular citizenship status or immigration status. An employer may require U.S. citizenship or permanent residence for a particular job only when required by law, regulation, or government contract.
FAQ:
2. Can’t I just require that applicants have a “green card?”
No. A “green card only” (generally used to refer to a permanent resident card) policy will almost always violate federal antidiscrimination law.
If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.
If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.
In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.
Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.
From their Employee Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf
If an employer has denied you work or fired you because she or he will not accept your work authorization as proof of your legal right to work in the U.S., or they only hire U.S. citizens or permanent residents, she or he is breaking the law. You need to show the employer the List of Legal Work Papers on the left. If the employer still insists on seeing a particular document, or refuses to hire you, call OSC right away.
From their Employer Brochure:
http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf
As an employer, to avoid employment discrimination based on nationality or citizenship status, you must -
Treat all people the same in announcing the job, taking applications, interviewing, offering the job, verifying eligibility to work, hiring, and firing.
From OSC Update newsletter April 2004:
http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf
...various internet job boards list numerous job postings requiring that applicants be U.S. citizens or permanent residents (or “green card” holders) only. In addition, many job postings, especially for positions in the high tech industry, express a preference for H-1B visa holders only. In most cases, it is unlawful discrimination to require job applicants to have a particular citizenship status or immigration status. An employer may require U.S. citizenship or permanent residence for a particular job only when required by law, regulation, or government contract.
FAQ:
2. Can’t I just require that applicants have a “green card?”
No. A “green card only” (generally used to refer to a permanent resident card) policy will almost always violate federal antidiscrimination law.
If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.
If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.
In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.
Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.
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Canadian_Dream
06-29 05:31 PM
For USCIS isn't the date received that matters not the date postmarked ? Never heard them honoring postmarked date. I could be wrong though !!!
If its mailed out today, then you are ok. Its the POSTMARKED date that is seen. So even if it reaches there in July, as long as it went OUT today, they will have to accept it under June's batch of applications coz it is postmarked in June (june 29).
If its mailed out today, then you are ok. Its the POSTMARKED date that is seen. So even if it reaches there in July, as long as it went OUT today, they will have to accept it under June's batch of applications coz it is postmarked in June (june 29).
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desi485
11-17 04:17 PM
There are a lot of interpretations. Popular Attorneys like Rajiv Khanna and Sheela Murthy claim it is not valid and always advise clients to have a h1b backup. Not sure why they are so keen on h1b. It could be because some adjudicators may send EAD revocations also along with 485 denials.
Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)
Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)
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JazzByTheBay
09-10 10:43 AM
Still waiting too. :(
Created InfoPass for week after next.
still waiting
Created InfoPass for week after next.
still waiting
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indiangcseeker
08-21 04:35 PM
One can also sign-up for Annual Pre-Pay with Vonage which will cost $20 per month for the same World Plan. Vonage - Support - Annual Pre-Pay (http://www.vonage.com/support.php?keyword=AnnualPrePay)
Just pay $240 upfornt. I did the same. Now all the features of Vonage World for $20. :)
Just pay $240 upfornt. I did the same. Now all the features of Vonage World for $20. :)
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Devils_Advocate
03-09 11:09 PM
You have to be kidding! Here people are crying to get there EAD's extended and you think the Govt will give us citizenship???
Please i suggest everyone to wake up and smell the coffee/chai.
If you think giving us citizenship will be easy becoz it will prop up their vote bank think again coz it will never happen. Imagine the headlines which says recession time 10M americans out of job, foreign workers to get citizenship LMAO!
Forget this ever happening in a recession time and not much of a chance in the boom time either, see how the Anti-Immi's will eat everyone up for this ridiculous suggestion, please remember we're nothing in the larger scheme of things for the decision making people, we need to understand our limitation and strengths and play by them, IV does a decent job of that.
Do think rationally before coming up with ridiculous ideas like giving senators free pizza or asking for-direct citizenship. lol.
Please i suggest everyone to wake up and smell the coffee/chai.
If you think giving us citizenship will be easy becoz it will prop up their vote bank think again coz it will never happen. Imagine the headlines which says recession time 10M americans out of job, foreign workers to get citizenship LMAO!
Forget this ever happening in a recession time and not much of a chance in the boom time either, see how the Anti-Immi's will eat everyone up for this ridiculous suggestion, please remember we're nothing in the larger scheme of things for the decision making people, we need to understand our limitation and strengths and play by them, IV does a decent job of that.
Do think rationally before coming up with ridiculous ideas like giving senators free pizza or asking for-direct citizenship. lol.
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sGC
08-16 09:36 AM
I Have opened an SR on Aug 6th and then sent an email to TSC followup . I got a response from them on friday " We are currently researching this situation and will contact you with an update." HAs anybody this kind of response?
Thank you
Thank you
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VMH_GC
07-10 08:05 PM
are you kidding? are you kidding? CNN become anti immigrant channel. ask mr.LOU DOBBS
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gc4me
11-18 11:01 AM
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
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anotherone
01-29 06:41 PM
your ad shows a company that has advertised for no EAD, GC h1b etc., which is legal, AFAIK.
It is not a small difference, but not interviewing someone based on whatever is probably their prerogative (even this may have certain limitations like -you cannot say "no women" et6c.,), visa status is not considered a protected class... again AFAIK. They probably cannot say no GC, but CAN say only citizens because of some clearance required etc.,
This is different from getting someone through the interview loop, making an offer and THEN saying sorry we ont hire you now because of EAD. That is BS. As for saying no to H1B, we have all been there, a company that does not want to sponsor cannot be MADE to do it.
I was asking for a list of companies that have refused to work with EADs and have been cited for it or fined etc.,
It is not a small difference, but not interviewing someone based on whatever is probably their prerogative (even this may have certain limitations like -you cannot say "no women" et6c.,), visa status is not considered a protected class... again AFAIK. They probably cannot say no GC, but CAN say only citizens because of some clearance required etc.,
This is different from getting someone through the interview loop, making an offer and THEN saying sorry we ont hire you now because of EAD. That is BS. As for saying no to H1B, we have all been there, a company that does not want to sponsor cannot be MADE to do it.
I was asking for a list of companies that have refused to work with EADs and have been cited for it or fined etc.,
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srikondoji
06-29 05:24 PM
This is just going too far.
Can't they wait untill rumor is proved to be a fact?
Can't they wait for just one more week?
American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.
Can't they wait untill rumor is proved to be a fact?
Can't they wait for just one more week?
American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.
BharatPremi
03-25 01:18 PM
I got this from a reqruiter
I responded to her that I have EAD and she never got back
Mark's previous suggestion works fine in such scenarios. Do not mention the word "EAD" before hand.Do not mention H1 even. Do not try to even discuss EAD/H1 etc... As long as requirement allows Green card and where ever it is required for you to mention work status, jot down " Elligible to work for any US employer in USA". That would work. After interview, if they select submit EAD as a proof. At that moment they will not be able to deny that as a work status proof.
Note: Other thing I experienced is using the word "Work Permit" in place
of "EAD" makes things easy for everybody.
I responded to her that I have EAD and she never got back
Mark's previous suggestion works fine in such scenarios. Do not mention the word "EAD" before hand.Do not mention H1 even. Do not try to even discuss EAD/H1 etc... As long as requirement allows Green card and where ever it is required for you to mention work status, jot down " Elligible to work for any US employer in USA". That would work. After interview, if they select submit EAD as a proof. At that moment they will not be able to deny that as a work status proof.
Note: Other thing I experienced is using the word "Work Permit" in place
of "EAD" makes things easy for everybody.
english_august
07-11 01:08 AM
Please make the New York Times article and the Washington Post article the most viewed and most emailed articles on the site
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html
http://www.nytimes.com/2007/07/11/us/11visa.html
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html
http://www.nytimes.com/2007/07/11/us/11visa.html
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