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  • Canadian_Dream
    03-27 03:05 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.

    http://www.myvisajobs.com/H1BVisa/sEmployer.aspx?E=Capital+One&OG=All&SO=All&Y=All&SON=All






    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



    From their Employer Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf



    From OSC Update newsletter April 2004:
    http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf



    FAQ:


    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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  • BharatPremi
    09-24 01:34 PM
    [QUOTE=eyeswe;960064]I asked this question several times on all the threads that are discussing the new USCIS data, but no one seems to be answering this, but I think it is important to make sure this wrinkle is sorted out...

    When they say inventory of 485 apps.. by any chance does it mean only the 485 that has been pre-adjudicated? I wish that was not the case.. but these numbers are too small to believe otherwise.. I hope one of the doctors in USCIS VB Theory (and I know there are a whole lot of them here on this forum) can sort this doubt quickly by throwing some nice logic.. But I would like to hear that so I am convinced with the quality of thi spread sheet.


    ';
    '

    '\\

    Agreed. These numbers do not seem to be real load. At the time of July Fiasco as per USCIS's own notification total more than 250000 EB based 485 were filed and more than 350000 family based 485 were filed.I am quoting this based on memory so it may be possible that this quot is not 11% accurate may have some variation at that time but it is not completely wrong.





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  • factoryman
    06-18 07:47 PM
    You have read and find out. When you file for AOS, you will do one set for Principal (search and read elsewhere on IV) and one set for dependent (search and read elsewhere at IV for a complete set of docs).

    So, you need to file one set of the latter. I don't know why you say add to mother's file. Is mother principal applicant or you.

    These are based on common sense and logic. Read and verify.

    If possible get (search and get AILA Handbook on AOS, I read somewhere there is one)

    sorry my bad. do we need to fill 325 and 325A or just 325, infant also needs 325? Also would you please tell me if we need to request to add the applicant to mother's file? or no need to do that.

    thanks
    kr





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  • Ramba
    08-25 03:21 PM
    Nice math.:)

    wrong calculation 5000/2500=2. It is 2 cents perminute. Have you used C# program?:)

    Any way with vonage, one can call other friends in all other 60 counties and others part of us too..



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  • fromnaija
    05-17 04:07 PM
    I have received an RFE on my H1-extension too. USCIS wanted sealed copy of my trnascript from my foreing university.
    To answer the original poster. You can file your I-485 since your extension is pending and you do have a receipt fro USCIS.
    Good luck!

    I never heard of an RFE for H1b extension. Are u sure that the RFE is not related to your I-140 or I-485?
    H1b extension should be a smooth sail.





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  • Bruce Springsteen#39;s quot;Born To



  • masterji
    08-14 01:26 AM
    I received my GC by snail mail. Here are the chronological events--
    08/02 (Monday)- PD became current, called to open SR:confused:
    08/03 (Tuesday)-CPO e-mail:)
    08/10 (Tuesday)- Welcome notice received by snail mail :rolleyes:
    08/13 (Friday)- GC received by snail mail :D

    The card looks like a credit card, greenish in color (hey, after all it is GC). It does not smell or taste good :D I looked at the card for almost an hour before going to bed. :D

    As a 'masterji' one advice to all: If possible, try to complete a graduate degree (M.S., MBA, Ph.D.) from US. Besides self satisfaction, it REALLY helps professionally.

    Good luck to all!



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  • sayantan76
    01-24 04:21 PM
    it would be nice to see indian corps. to start flights from all major US cities...just bypass UK and the gang.

    I live in Boston area and cant use the flights which u just mentioned..and by the way if it wasn't for the poor response of the Indian govt. we would have a had a thriving international airline industry.. have u seen the airport, the service of indian airlines..i'd more than happy to use indian flights if they only improved in world class sense..

    one reason why countries like UK can exploit us is becoz they know we don't have a better choice..
    Agreed - not everyone lives in Newark - but if you are willing to change planes in London and undergo humiliation - why not at Newark or JFK?

    last i checked - there are plenty of flights between JFK/Newark and all major cities including Boston.

    also - all airlines work on a hub and spoke arrangement.......Air France hub is Paris, Continental hubs are houston, newark and cleveland and so on.......so would be difficult to find a direct continental flight from say boston to atlanta - you have to fly via one of the hubs.......similarly - for most Indian airlines - their hubs are in India.......not in US - so unlikely that economics would work out in favor of direct flights except say from Houston, NYC area, Chicago and Bay Area.......folks living in other cities would have to make connections in any case....

    speaking of service- am not sure how you can consider Air India (given that Jet is world class in any case) any worse than any major European or American carrier (with the exception of perhaps Virgin) in terms of food and service?

    Indian Airports - completely agree with you........with the new airports under construction in all major indian cities - hopefully - we will have world class airports soon!

    here is a sample itinerary from Boston


    1 Adults (age 18 to 64) $1,230.00
    Additional Taxes/Fees $75.00
    Total Price $1,305.00



    Flight Details:
    Depart:
    5:20 p.m.
    Tue., Mar. 11, 2008
    Boston, MA (BOS) Arrive:
    7:12 p.m.
    Tue., Mar. 11, 2008
    New York/Newark, NJ (EWR - Liberty) Flight Time:
    1 hr 52 mn OnePass Miles/
    Elite Qualification:
    500 /100% Flight: CO1197
    Aircraft: Boeing 737-500
    Fare Class: Economy (S)


    Change Planes. Connect time in New York/Newark, NJ (EWR - Liberty) is 1 hour 38 minutes .
    Depart:
    8:50 p.m.
    Tue., Mar. 11, 2008
    New York/Newark, NJ (EWR - Liberty) Arrive:
    8:30 p.m. +1 Day
    Wed., Mar. 12, 2008
    Delhi, India (DEL) Flight Time:
    14 hr 10 mn

    Travel Time:
    17 hr 40 mn OnePass Miles/
    Elite Qualification:
    7,323 /100%

    Total Miles:
    7,823 Flight: CO82
    Aircraft: Boeing 777-200ER
    Fare Class: Economy (S)
    Meal: Dinner


    Depart:
    10:50 p.m.
    Wed., Apr. 2, 2008
    Delhi, India (DEL) Arrive:
    4:35 a.m. +1 Day
    Thu., Apr. 3, 2008
    New York/Newark, NJ (EWR - Liberty) Flight Time:
    15 hr 15 mn OnePass Miles/
    Elite Qualification:
    7,323 /100% Flight: CO83
    Aircraft: Boeing 777-200ER
    Fare Class: Economy (S)
    Meal: Dinner


    Change Planes. Connect time in New York/Newark, NJ (EWR - Liberty) is 1 hour 55 minutes .
    Depart:
    6:30 a.m.
    Thu., Apr. 3, 2008
    New York/Newark, NJ (EWR - Liberty) Arrive:
    7:40 a.m.
    Thu., Apr. 3, 2008
    Boston, MA (BOS) Flight Time:
    1 hr 10 mn

    Travel Time:
    18 hr 20 mn OnePass Miles/
    Elite Qualification:
    500 /100%

    Total Miles:
    7,823





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  • rcr_bulk
    08-21 05:20 PM
    I wont switch to vonage because i dont make much phone calls. Try to use google talk to cut expenses.

    Hows Airtel 1c plan? Is the call quality and connection good ?

    Thanks
    I recharged my account 10 days back at aitell 9.99 for 600 mins valid for 45 days. Today not allowing to make call due to insufficient balance. From the call history on their website, I only used 300+ minutes after recharge. I got doubt and looked all my recharges and usage from last 3 months. They are giving less minutes than advertisements on their website. I called to check with them today and customer service number is always busy. Any body using Airtel check your account history.



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  • reno_john
    05-26 06:58 PM
    the number in red on your visa, it will be on the right side of the visa page,





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  • rodnyb
    04-02 12:50 AM
    EB3 Porting could use up to 8K though, and new filing could be 2K
    and EB2 I/C pre-07/2007 still have about 34K at the beginning of oct/2010
    So it is even at most...

    There are lots of uncertain
    1. EB1 is now the biggest uncertainty
    2. EB2 ROW
    3. Porting
    But EB1 and Eb2 ROW, EB2 I/c new fling (ppl who missed 07/2007 w/ PD before 07/2007) have to file in May to get it approved by Sept as processing time is 4 month.
    So After May, from June to August, it is all spill over game for EB2 I/C
    That is why i guess Charles is saying the trend is now, and will start use the numbers in May

    If 44k is the available number for EB2 I & C then the PD will move upto Jun 2008 with out any doubt. Even with the porting of EB3 to EB2 is accounted for.


    .



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  • New York — Clarence Clemons



  • 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....





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  • alias
    08-07 02:29 PM
    If someone is smarter to get his way ahead of me, it is good for him/her. I cannot blame my status on someone else's intelligence/ smartness. If I do not know how to play the game, it is my problem (it actually is, hence I am stuck). But that is OK. I am happy the way I am.

    I like what you say. That attitude helps long-term for leadership! Selfishness and mean attitude is only shortsightedness.



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  • Lisap
    09-11 10:59 PM
    Collected from some other forum . Just google search your name combinations ( within quotes ).

    For eg. if you have FirstName MiddleName LastName .

    The search should be ( put within quotes )

    "FirstName MiddleName"
    "FirstName LastName"
    "MiddleName LastName"

    and all the reverse combinations.

    If you get hits in 100s or 1000s , yeah you can wait 2 -3 years.
    This is observed from the names of Indians.

    well this is great news there were no hits for my husbands name and only 1 hit for my name! Hopefully we will be ok and not get stuck in name checks then! Thank you for your response!





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  • 485Mbe4001
    09-24 02:21 PM
    I pray that your analysis is correct :)

    someone had posted the following on Gotcher's blog
    "I got this info from a source that for FY 2009, EB-3 India only used 2224 visa numbers and EB-3 china used only 1027 visa numbers. EB-3 Mexico used 3752, EB-3 Philipine used 5268, EB-3 ROW used 25081 visa numbers respectively. Total EB-3 visa nubmers used in FY 09 is 37352."

    total 140,000
    per country limit 140,000 * .07
    per country per category comes to ~3k each

    Important update on visa cutoff date movement - Page 2 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/9117-important-update-on-visa-cutoff-date-movement-2.html)


    You are wrongly mixing "country limit 7 %" into a "category limit 28.6%". Please read visa bulletin content.



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  • chanduv23
    03-26 03:34 PM
    A new technique reqruiters are using is
    "Hey, I am OK with EAD, it is just this particular client of mine who is not and I tried to educate this client but they do not listen. I tried placing another guy on EAD at this client but they rejected because of EAD and I placed so many people on EAD in other clients. So I hear you. Good luck with other jobs."

    I still think it is some notorous reqruiters who apply the EAD filter. They do not want to deal with a lot of resumes and they want to apply that filter.





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  • glus
    01-21 09:50 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.

    I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.

    G



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  • nosightofgc
    09-11 05:23 PM
    I am just curious. If a person has an arrest record, will name check triggers a hit or the FP check? I suspect FP check, but not sure.





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  • trueguy
    08-21 03:06 PM
    Here is the link I was referring to in my earlier post: http://immigration-information.com/forums/blog.php?b=13

    I'm not sure whether USCIS ever *appologized* per say but the second paragraph from the link above supports my earlier argument that the new spill-over policy (which in my personal opinion is more rational) is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.

    This is not a proof that DOS apologized. Ron Gotcher is a good lawyer but what he mentioned on his blog cann't be used in court. Anyways, thanks.





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  • GC2002-2008
    01-30 10:13 AM
    This is my case:
    I am not working with my GC (I140) sponsoring company. I applied 485 based on that 140 from my previous company.
    Got 3yr H1extn (from Vermont, EAC, in Dec 2007)for current company based on that approved 140.
    Got EAD , AP approved.
    My previous H1 visa expired in 2004. ( 4yrs gap)
    Is it better to go to consulate (Chennai) for stamping ? or use AP?
    If I use AP, at POE ( Newark EWR)if I were asked why I am not with GC sponsoring employer what should I say ?
    Is there any issue for going stmaping after a long gap ?
    Please adivse.





    diqingshen
    01-08 03:12 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.





    morchu
    06-17 01:18 PM
    So attack on L1 is on the way.

    What about another plan to attack F1?

    You are NOT supposed to have immigration intent when you apply F1. So what about targeting all those F1 now, since it is very obvious that they didnt come here just to study and go back. So lets smoke them out based on their "fraud intentions" at the time of F1 application.

    After that lets attack the H1 landers. Many of them landed in H1 with body shoppers, and later changed to some big american company. Lets find some thing or other against these body shoppers, and all those H1 came with these body shoppers should go back (even though they are with some other company).

    Ok. what is left.......... lets find out something bad about everybody else, except me.

    Ohh... wait a sec..... we were supposed to be "united", by this forum, not "divided".