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H1B-GC

09-23 04:01 PM

http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

FYI :Goto Page 5 for India

Some Greens Please !! :)

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lazycis

04-17 05:06 PM

8 USC 1324b
(a)(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment�
(A) because of such individual�s national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual�s citizenship status.

(3) �Protected individual� defined
As used in paragraph (1), the term �protected individual� means an individual who�
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;

(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.

So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.

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Mahatma

08-09 01:55 PM

This is my view about how USCIS has messed up in name check delays.

Name check PROGRAM that they might be using takes into account phoenetic spelling of FIRST and LAST NAME. Now just imagine, if your name is broken into 100 different spelling combinations and when your entire BIRTH YEAR IS checked against the databse--it will be surprising if there are no HITS. And to resolve those hits, pre-1995 records needs to be serached manually. There is no responsibility or time commitment by FBI or USCIS for the delay.
This might be true for Asian names. The argument is-- the names in the databse are translations and therefore, they need to check accordingly.

I BET they are not doing this for AMERICAN names, I mean for passport approval, they do not apply phoenetic program. I remember that FBI testimony included the discussion that they have set up appropriate filters for passport applicants (american citizens) so that unnecessary hits are avoided. Now this is my view and a discussion point. I may be wrong too.

In effect, Indian and Chinese professionals are deprived of immigration benefits.

Equally controversial is per country limitations in EB categories. If you do not select based on country of origin, you should not be subjected to per country limits because you are working for an american company and you are going to be american. Any demographic adjustment need to be made in diversity visa lottery.

This retrogression in effect deprives Indian and Chinese professionals of their benefits.

Justice and fairness has it that these problems need to be addressed. Abundant common sense and deeply practical approach that USA has, I am sure above problems will find attention. This great nation has always supported JUST and FAIR rules.

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08-21 10:10 AM

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angelfire76

04-24 06:34 PM

Forget about it impacting desi companies, do you know how many companies will be impacted if the "no contracting" clause is retained in the H1B/L1 bill. It essentially means that no company can "purchase" the services of another company and use a H1B worker to work on the project at it's site. We are talking about biggies like IBM Consulting (where about 10% of it's workforce is on H1B) , Oracle consulting etc. who's clients depend on the expertise of the techies to help their teams by working with them onsite.
Oracle and IBM are rich by software support and consulting services, not just by their product lines.
Do business working on non-govt or non-defense apps care whether their contractor is on H1B or not? No they care about 2 things 1. Price 2. Can the contractor help get their system working?
It's pretty obvious that neither of these senators have any business experience.

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punjabi77

11-25 10:35 AM

You are funny....you should take the moral high ground only when you are on the right side...you gave morally/ethically repugnant suggestions and have "decided not to reply to any of the comments here"...very funny.

I do not condone the pathetic language folks here use including from sledge_hammer. You can make your arguments with civility. No need to call people "fools", "idiots", "stupids" etc. Shows your own under-confidence and lashing out at the wrong things/people.

GASleuth..

this thread was started to get suggestions as to what are the options open in the market..
if someone did give an option and you dont like it, why dont u give an alternative option rather than venting out uour anger.
No one is asking you how u feel or what is ethical and non-ethical..It seems that you are such an ethical guy who has not used a product and went ahead and returned it back to the store..If foreclosing is illegal let me know.. People here are giving pros and cons of doing a foreclosure.. i dont know if you own a house or not, and if you do.. dont know if you are having a perm job or a contract..I know so many people who own house and now they are in a fix because of housing market..I am not like other people who have already foreclosed..and btw.. why to blame the people and not the banks.. if i can own a house and pay mortgage which is quite same as a rent, i will better own a house and sell it after couple of years.. what is harm in that.. i may have mentioned about making profit by owning a house.. but i am not looking at becoming rich by living in a house for 2/3 years..Sledge_hammer and you are complaining all the way in the thread about people who are foreclosing or foreclosed.. but not spent your valuable time in letting people, reading the thread, know what are pros and cons of foreclosure and how it can affect 485..

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sertasheep

07-10 07:41 PM

Solidarity from Bollywood

http://www.prlog.org/10023531-bollywood-supports-highly-skilled-workers-green-card-concerns.html

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MrWaitingGC

06-29 06:32 PM

USCIS may say "Oops! Sorry! This is just a typo. U got rotated by 90 degrees clockwise." :mad:

I liked your sense of humor.

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bayarea07

09-11 08:38 PM

Its greatest satisfaction after you conveyed the concern for You and the community


Please call all Numbers except co-sponsors ...
Find people And ask everyone else also to call ...


HR 5882 has 31 Cosponsors

[11-09, 09:06] pappu IV members can continue calling

Here are calling details for convenience:

http://immigrationvoice.org/forum/sh...72&postcount=1

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immigrationvoice1

03-25 06:58 PM

Originally Posted by whitecollarslave
I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.

I have sent an email to the id listed on that site (osccrt@usdoj.gov)with emails from Capital One which says they are not in favor of EADs. Will update once I hear back.

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maru

10-16 02:35 PM

all cks for 485, AP and EAD cashed yesterday for me, husband and 2 sons. july 2nd filer, filed at NSC,r mikels, 9:54 am. goodluck to the rest still waiting...

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spicy_guy

03-29 01:39 PM

Lets treat good news for EB2 as good news for EB3 also.
If not today, some of us EB3 folks may want to port. So it will help more people to port and also to compensate to some extent the #s coming into EB2 pool from EB3.
Overall its a good news, and looks to be possible we see this on Murthy site also. Lets be happy.

Hoping for the best. Can't see waiting for another half a decade to get our GC.
In 6 months?!?! May be toooo optimistic!

At least EB2 comrades are enjoying the news at least after quite sometime!!!

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snathan

03-29 12:33 PM

ImmInfo Newsletter: India EB2 cutoff dates to advance in May (http://www.imminfo.com/News/Newsletter/2011-3-31/India-eb2-to-advance-in-may.html)


Based on just released information, it appears that India EB2 cutoff dates will advance, perhaps substantially, in May. China EB2 cutoff dates will also advance. The American Immigration Lawyers Association (AILA) reports that they were told the following by Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State:

“[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those ‘otherwise unused’ numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all ‘otherwise unused’ numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”

There have been two reasons for China and India EB2 cutoff dates not moving forward as rapidly as had been the case in the past. The first is the unusually high demand for EB1 numbers and the second has been the increased demand for EB2 numbers represented by EB3 to EB2 upgrades.

The significance of this announcement is that it appears that the recent surge in demand for EB1 visa numbers has abated. The CIS reports that this demand slowed down in October, 2010 and has not resumed. Presumably, this means that substantially most the EB2 applicants who felt that they could upgrade to EB1 have now filed the petitions and had them adjudicated. If this is the case, then the number of unused EB1 numbers will increase back to previous levels and become available for use by EB2 applicants.

================================================== ==================

P.S : the EB1 filing reduced may be because the Indian IT companies stopped filing EB1C ? Its just my thought

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babu123

03-29 02:40 PM

My priority Date is EB2 May 2006. I will be current if the dates got moved.
I will be out of the country for the entire month of May.
Please let me know if it is acceptable to be out of the country during 485 approval.
Also please let me know what I need to do at the port of entry.

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kevinkris

11-10 05:06 PM

Guys do it ASAP.
It's just $1.26

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funny

08-07 05:11 PM

since a lot of people are debating on this issue and a lot are researching on it ( i know atleast 2 people are actively researching on this topic :D). Does any one know how can i find the status of my PD porting. My lawyer sent the request in June after 3-4 days a say LUD on my 485/140/EAD/AP. I filed my 485 on July 2nd 2007 with a ND of August 17 2007. My EB3 PD is oct 2003 and my EB2 PD is July 2006. Do you guys think the LUD was because USCIS has Ported/interfiled my PD, Is there a chance for the Green in next 2 months?

I think the people who are trying to file the Lawsuit must be the most knowledegable people about this issue, Can you guys provide some +ve response for a change.:D

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gc_hopful

05-25 12:32 PM

Hi Gurus,
I need some help with my situation:
After 5 years of waiting, my Labor got finally aproved thru Dallas BEC(EB3, RIR, PD: Oct'02). But my wife is in India on vacation and as per original plan will return middle of August.
1. What are my options so I can take advantage of the PD being current for me?
2. can I apply for I-140 and I-485 and then apply her I-485 when she returns?

Thanks.
gc_hopful

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abhis0

09-25 08:19 PM

Message Sent

Sent to:


[ Create a category to email this group ]
cisombudsman.trends@dhs.gov
joint.intake@dhs.gov
uscis-complaint@dhs.gov
Add to Address Book

Sent mail to all.....Sent email to local congressman.....sent postal mail to Senator......Hope something good comes up for all those whose receipts are held up.

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baburob2

01-10 07:17 PM

also very recently a new bill has been drafted. but i don't have more info. A gist of it is:

Republican Senate candidate David Kramer on Monday proposed an immigration reform plan that opens the door to legal status for illegal workers who have been in the United States for five years or more.

For more details look at the below url
http://www.journalstar.com/articles/2006/01/09/nebraska/doc43c29737b68d6696911913.txt

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rsharma

06-14 05:05 PM

rsharma, l1fraud,

There is nothing wrong in reporting fraud.
However your argument that you are reporting it since you cannot tolerate fraud isn't that convincing.

If you were always against injustice/lawlessness, you will see a lot of it in your daily life. Do you report or take action against each of those ? I don't think so.

After living in India for long and seeing people put up with all injustice and sometimes doing it themselves, it is hard to believe your argument that you are doing it just for the sake of law.

I am not saying that we are reporting fraud just for the sake of not tolerating it. This is effecting our GC. Earlier the effect was related to the job being taken away now it is effecting our GC too.

Initially L1s were sponsored only by large offshore companies like TCS, WIPRO etc.. The effect was that the jobs were taken away. But it did not have much effect on the GC side as most of these large offshore companies do not process GC for their employees.

But nowadays lots of small Offshore companies started doing L1As. These companies do not have lots of clients like TCS or WIPRo but they have a handfull of clients. So to make sure they have their clients they started bringing people in L1As and processing GC under EB1 for them. Although many of these people are developers and should be in EB3 and should be behind in the line. But as they are in L1A and are appling in Eb1 they are getting GC in no time and also taking the visa#s away. There are hunderes of these small offshore companies started getting people in L1As. Thus these EB1 Visa #s are not overflowing to EB2. This is effecting our GC.

Now we have :
1. Large offshore companies sponsored L1s taking the jobs
2. The small offshore companies sponsored L1s taking the GC visa #s.

If the L1As are indeed senior Manager then no problem, but the Developers/Business Analyst/ Project Manager without hire-fire authority are getting GC under EB1.

Thus these frauds should be reported so that at least the # of EB1 visas are not taken by fraud.

So you too can see how this fraud is effecting us all.

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arunkotte

06-25 02:59 PM

I have the same question. Can some one who did this before answer this.

Thanks

Any issues if we sign the papers with date of june in I485 ,I 131 and I765 for AP and EAD filing.

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