optimystic
03-26 02:48 PM
Where does it say (please quote official DHS/USCIS/DOL publication or a bill) that employers must hire "US Citizens" first? I think the regulations are to give preference to US workers (note that its not US citizens) before brining somebody from abroad.
You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
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!
You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
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!
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ArkBird
09-09 04:57 PM
<bump>
call call call
</bump>
call call call
</bump>
iheartindia79
10-08 01:51 PM
Here is another case of a person I came across recently. This person was stuck for the past 5 years in Namechecks . He applied for GC in 2001. He got his GC just recently after a long wait and struggle.
That's a shame. But now he is free to enjoy his life and not think 485 updates.Congratulations to him :)
That's a shame. But now he is free to enjoy his life and not think 485 updates.Congratulations to him :)
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CADude
10-11 04:05 PM
Wakeup guys/gals, work for FIFO otherwise your wait will be 2 days to 100 days on RIRO process.
Please participate in tomorrow teleconference with CIS Ombudsman’s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
Please participate in tomorrow teleconference with CIS Ombudsman’s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
more...
p_aluri
09-09 05:38 PM
I've got the magic "email/text message" this morning. I came to USA in 1999.
It's my thrid labor.. all the best to rest of the folks who are hanging in there.
It's my thrid labor.. all the best to rest of the folks who are hanging in there.
subahjaani
01-12 01:48 PM
Just mailed letter to President and a copy to Immivoice.
more...
CADude
09-21 01:17 PM
Please write to Congressmen, Senators and USCIS complain dept.. Anyway you guys are waiting.. It will cost you less than a dime!! Who knows any one look your plight and take some actions..
template you can get from page 4, if intrested.
my 2 cents.
template you can get from page 4, if intrested.
my 2 cents.
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caforum2
05-19 07:51 PM
For those who are wondering about medical exam for pregant spouse. I had medical exam done for my wife (and we are expecting). Doctor decided to take Blood and TB skin test. He also decided to do blood partision exam (which will tell whether you have particular immunization done or not as a child) since we didn't have immunization record. It costed $400 (includes lab fees etc) in IL. He wanted us to come back after 2 days for TB result and after one week for blood test result.
more...
ashokK
10-01 10:58 AM
I had called up USCIS and they have transferred the call to second level IO, as my application is 90 days old. They donot find the information yet. (My employer says, they clubbed the applications in one fedex box and sent it. Got the list of FedEx tracking number, one tracking number has 4 pounds, so guessing he would have put my application in it. ) The IO says, I have to take the fedex tracking number printout as proof and send them by postal mail, so that they can track back with their computer systems. Do not know when I will receive RNs. May be I have to maintain another tracking number for this inquiry mail also.
Please post your experiances about calling to USCIS today.
Please post your experiances about calling to USCIS today.
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digital2k
09-09 04:19 PM
I called Everyone
and is a great response
more calls, more calls, more calls ...
friends, let us all do it...
its for everyone
I am surprised that all other threads are getting updated quite frequently. People are posting question related to their RFE and as usual once they get answer to their problems, they vanish. People are posting jokes on IV, but when it is their turn to call, we've to "bump" this thread and send e-mails to members. So pathetic.
I felt very sad when I read 30000+ members donated some 4000 dollars in last two months. I felt my donation of about 1000 dollars since 2006 is being wasted to answer questions of or to solve the problems of these free riders &/or one question members.
Please call all Numbers except co-sponsors ...
Find people And ask everyone else also to call ...
and is a great response
more calls, more calls, more calls ...
friends, let us all do it...
its for everyone
I am surprised that all other threads are getting updated quite frequently. People are posting question related to their RFE and as usual once they get answer to their problems, they vanish. People are posting jokes on IV, but when it is their turn to call, we've to "bump" this thread and send e-mails to members. So pathetic.
I felt very sad when I read 30000+ members donated some 4000 dollars in last two months. I felt my donation of about 1000 dollars since 2006 is being wasted to answer questions of or to solve the problems of these free riders &/or one question members.
Please call all Numbers except co-sponsors ...
Find people And ask everyone else also to call ...
more...
meridiani.planum
03-05 11:08 AM
Hi guys,
I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.
Thanks in advance.
are you sure you want to withdraw? All that you need to do i ssend a letter to USCIS indicating your receipt number. Make it clear to them that you want to keep the other one still going (mention its receipt numbers).
I would personally not withdraw simply because if they screw up and withdraw BOTH petitions, I can forget about filing another AOS for another decade...
I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.
Thanks in advance.
are you sure you want to withdraw? All that you need to do i ssend a letter to USCIS indicating your receipt number. Make it clear to them that you want to keep the other one still going (mention its receipt numbers).
I would personally not withdraw simply because if they screw up and withdraw BOTH petitions, I can forget about filing another AOS for another decade...
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needhelp!
01-11 02:35 PM
Yeah.. weird right? The only conclusion can be that they DO have a hidden agenda.
I Unless they have a hidden agenda, they should be supporting IV's letter campaign.
How is this in conflict? Am I missing something?
I Unless they have a hidden agenda, they should be supporting IV's letter campaign.
How is this in conflict? Am I missing something?
more...
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gcnirvana
06-16 12:07 PM
A# is the alien number that is given to the applicant during the GC process. It is either given at 140 approval or at 485. If you have a A# in your 140 approval then you can use that # in all your 485 forms.
To answer pranju's question, yes its only for primary applicant. You can leave that field as blank for your spouse.
What is A#?
Thanks
To answer pranju's question, yes its only for primary applicant. You can leave that field as blank for your spouse.
What is A#?
Thanks
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jbr
03-10 01:21 PM
I have been a reader on this site for years and have contributed to many of the fund raising campaigns. I agree with many of the comments on this thread. Brothers and sisters we need to team up and clamour for fair treatment; let us all contribute with dollars and sweat. I assume most of us on this site can afford to contribute a lot more than we have in the past and the potential rewards (fair opportunity to Immigration) are immense.
I have personally been in the US for ten years and believe I have contributed to the society a lot - while being a law abiding tax payer (I wish I could use the word citizen). And my story is not any different from any of yours. Why then we haven't gotten what we deserve at this point, afterall we have earned it by our sweat. The reason is we haven't realized our strength: in numbers, in dollars and in our contribution to the American society. No one is going to listen until we make our plight known to the public at large and to the law makers.
Some thoughts on how to go about doing it. We need a detailed plan with names of volunteers who can contribute their time. The plan should also include a list of key law-makers we are going to contact and how. All of this will cost money - so the first thing to do is support the fund-raising efforts. I also think we need to increase the fund-raising target by a lot; because the stakes are so high.
I apologize if I have wasted anyone's time with a long post. And I thank all of you for caring for one another and by sharing so much info with all the silent readers of this site. I have learned more about immigration from this site than my employer or immigration attroneys could ever share with me.
I will now put my money where my mouth is by making a contribution to Immigration Voice.
I have personally been in the US for ten years and believe I have contributed to the society a lot - while being a law abiding tax payer (I wish I could use the word citizen). And my story is not any different from any of yours. Why then we haven't gotten what we deserve at this point, afterall we have earned it by our sweat. The reason is we haven't realized our strength: in numbers, in dollars and in our contribution to the American society. No one is going to listen until we make our plight known to the public at large and to the law makers.
Some thoughts on how to go about doing it. We need a detailed plan with names of volunteers who can contribute their time. The plan should also include a list of key law-makers we are going to contact and how. All of this will cost money - so the first thing to do is support the fund-raising efforts. I also think we need to increase the fund-raising target by a lot; because the stakes are so high.
I apologize if I have wasted anyone's time with a long post. And I thank all of you for caring for one another and by sharing so much info with all the silent readers of this site. I have learned more about immigration from this site than my employer or immigration attroneys could ever share with me.
I will now put my money where my mouth is by making a contribution to Immigration Voice.
more...
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eyeswe
09-24 12:41 PM
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.
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.
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fatjoe
10-26 03:52 PM
Hi meghanap: Thanks for your useful info.
I am the primary applicant. Mine and kid's case is at TSC, but my spouse's case transferred to Detroit offcie , for the interview. We had the interview 4 months ago, and the DAO said that she would recommend my spouse's case for approval, however it has to wait until the approval of my app. My kid and I got the approval on Oct 22.
So, now do I have to take an infopass, and request for the yellow form to get approval on the case. Do we get approval from local USCIS office itself or will it come back to TSC? Do you know how long would it take for the approval to come. Or can I call Senator, Ombudsmand, ans start all those cr.. again.
Hi,
This info is for the cases who had the interview local USCIS offices where they live.
After interview ,pls take info pass for every 2 or 3 weeks and when you meet infopass officer, please fill up one yellow form (this form used to send any request to any other department who handled 485 cases.) to adjudicate your case.Make sure you give your i-485 copies and i-140 copies, You can write at least 5 or 6 sentences at the end of the yellow form to supervisor epalining when u r intervew is completed ,,u r PD is current etc etc.
The way it works like this :
The dept that takes care i-485 interviews is different from the dept infopass officers in local office.Even though they are in same office, the only way infopass officers can send request the 485 dept is using the yellow form..Pls request for it. Then most of the times info pass officer fils up the form and you will add any additional info at the end of the form. Then infopass officer will send the form to 485 dept supervisor.Supervisor will see the yellow form..if you are lucky he/she wil take action imediatly..otherwise go again after 2 weeks..Request the info pass officer twice or thrice..
This helped me...
I am the primary applicant. Mine and kid's case is at TSC, but my spouse's case transferred to Detroit offcie , for the interview. We had the interview 4 months ago, and the DAO said that she would recommend my spouse's case for approval, however it has to wait until the approval of my app. My kid and I got the approval on Oct 22.
So, now do I have to take an infopass, and request for the yellow form to get approval on the case. Do we get approval from local USCIS office itself or will it come back to TSC? Do you know how long would it take for the approval to come. Or can I call Senator, Ombudsmand, ans start all those cr.. again.
Hi,
This info is for the cases who had the interview local USCIS offices where they live.
After interview ,pls take info pass for every 2 or 3 weeks and when you meet infopass officer, please fill up one yellow form (this form used to send any request to any other department who handled 485 cases.) to adjudicate your case.Make sure you give your i-485 copies and i-140 copies, You can write at least 5 or 6 sentences at the end of the yellow form to supervisor epalining when u r intervew is completed ,,u r PD is current etc etc.
The way it works like this :
The dept that takes care i-485 interviews is different from the dept infopass officers in local office.Even though they are in same office, the only way infopass officers can send request the 485 dept is using the yellow form..Pls request for it. Then most of the times info pass officer fils up the form and you will add any additional info at the end of the form. Then infopass officer will send the form to 485 dept supervisor.Supervisor will see the yellow form..if you are lucky he/she wil take action imediatly..otherwise go again after 2 weeks..Request the info pass officer twice or thrice..
This helped me...
more...
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belmontboy
09-23 05:17 PM
I am sure they are PDs ..see sudden spike in mar 2005. If it was ND or RD you would see that spike in Jul - sep 2007
they are RD's not PD's
IF they were PD's we shouldnot be seeing anything after Jul 2007 [as those were the farthest PD's ever reached].
they are RD's not PD's
IF they were PD's we shouldnot be seeing anything after Jul 2007 [as those were the farthest PD's ever reached].
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rockyrock
07-31 03:52 PM
Pappu, special thanks for researching this topic, and posting updates regularly.
Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.
Thanks!
just a question on #2 above - if you are filing second AOS with EVL, why not just withdraw the first AOS once you get the receipt? Wouldn't this be safer?
Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.
Thanks!
just a question on #2 above - if you are filing second AOS with EVL, why not just withdraw the first AOS once you get the receipt? Wouldn't this be safer?
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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...
MahaBharatGC
11-25 10:48 AM
Plz stop throwing mud at each other.
US Mortogage Economy is much bigger pie in which our share sometimes minimum (people like me who did not by home) and people who bought are venting out the prices are come down.
The fact of the matter is, anything is possible in US. Did not we hear Real Estate downs in New York and California in late 90s?
By saying that you want to make money by selling house, you are taking risk.
Now, if system provides a mechanism to walk away with a foreclosure, people will do it. It has been happening on Backruptcy and hence GOVT tightened it.
The foreclosure process might also get changed in future.
I do not know full details of ins and outs of Foreclosure so I will leave that to experts advice.
But please stop blaming each other!!!
This is not meant for blame game but for advice to an "co-immigrant".
US Mortogage Economy is much bigger pie in which our share sometimes minimum (people like me who did not by home) and people who bought are venting out the prices are come down.
The fact of the matter is, anything is possible in US. Did not we hear Real Estate downs in New York and California in late 90s?
By saying that you want to make money by selling house, you are taking risk.
Now, if system provides a mechanism to walk away with a foreclosure, people will do it. It has been happening on Backruptcy and hence GOVT tightened it.
The foreclosure process might also get changed in future.
I do not know full details of ins and outs of Foreclosure so I will leave that to experts advice.
But please stop blaming each other!!!
This is not meant for blame game but for advice to an "co-immigrant".
jags_e
07-09 08:11 PM
There is achance that the TV hosts may take us seriously.
Also, If we believe in Gandhian way, we shouldn't care...
No publicity is bad publicity... and I doubt the talk show hosts would poke fun at us for this creative form of protest.
jazz
Also, If we believe in Gandhian way, we shouldn't care...
No publicity is bad publicity... and I doubt the talk show hosts would poke fun at us for this creative form of protest.
jazz