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  • whitecollarslave
    03-26 01:04 PM
    Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)

    I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.

    Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.

    Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?

    Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).

    You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.





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  • mpadapa
    09-16 11:40 AM
    continuing my second round of calling.
    Called 7 Republican members planning to get through all the members esp. republicans by the end of the day.

    Folks please keep calling...





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  • nosightofgc
    01-24 01:11 PM
    Flying through Asian Countires is not an option for people residing in East Coast. I am travelling to India in the next week Via Amsterdam. I am told by the consulate that we do not need Transit Visas. My H1B Visa is expired and I am travelling on AP. Did any one hear differently?

    Thanks





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  • logiclife
    06-15 01:19 PM
    All attorneys are going to be very very busy so it is just better to file your self. I have an attorny, I submitted all documents to my attorney by 20th May but they have not done anything about it.

    I shopped around yesterday for lawyers coz I wanted to fire my lawyer (my company's lawyer) and get my own.

    Turns out, they are all very very busy and some of them are refusing to take on new cases. The ones that do accept new cases are asking for something like $3,000 just to file 485/EAD/AP for primary appliant and spouse.

    Although its hard to get confidence in doing this on your own, its also hard to shell out $3,000 just to fill out forms and have a pair of eyes look over it. And after $3000, there is no guarantee that the lawyer's work would be perfect either coz they too, make mistakes as the paperwork (which 90% of immigration work) is really done by paralegals who dont care as much as they should.

    There are lot of people on portal who have filed 485 and EAD/AP on their own. I will link some threads here as I find them. And most people renew their EAD and AP on their own coz they would have left their sponsoring employer and they would be pretty much in charge of everything. So if people can file EAD./AP on their own, then the intial 485 is only one more form.



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  • eb_retrogession
    01-31 03:51 PM
    Bush expected to steer speech away from migrant reform
    By Louie Gilot
    El Paso Times, January 31, 2006
    http://www.elpasotimes.com/apps/pbcs.dll/article?AID=/20060131/NEWS/601310338/1001





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  • acecupid
    08-21 12:33 PM
    I don't think it will do much good sueing uscis on this issue. The point is, they have the legal authority to be the one interporating the law. So, if there is "gray area" in the law, the law says it is their understanding that matters, not ours or any one else's. So, unless the law very specifically says it must be done in another way, you can not argue uscis did the wrong thing.
    Now that we see the immigration law does not very specifically regulate how the flow should be like, so uscis have the authority to "understand the intention of the law" and act accordingly. You can't say you think the law means otherwise and thus sue uscis, because that argument makes no sense to the court. The court will only accept the argument when the government is apparently acting against the law.

    We can definitely question them on how their understanding changed on visa spill over distribution.



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  • drirshad
    06-29 05:15 PM
    This is not the end of the world, enjoy ur weekend ........

    USCIS will be in big trouble if they do what the rumors say ...

    Just be ready to file and v ll c what happens .....

    I m 99.5% sure that its a rumor ....





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  • rsharma
    09-24 07:57 PM
    Thanks Ramba for the analysis. Kudos to you to bring out the true fact regarding the spill over. I see you are belong to Eb3 ROW category but still you stood for the truth.


    Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.



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  • WaitoverEB3Nov2001
    08-18 02:30 PM
    Thank God!

    Category - EB3
    PD - Nov 2001
    Center - VSC > TSC

    8/6 - Email sent to TSC
    8/6 - Card Production email and Text, status changed to Decision
    8/13 - PDA
    8/13 - Welcome letter received
    8/14, 8/16, - SLUD
    8/18 - Physical Cards received

    I admit waiting for Physical cards was not fun at all...Checking mails everyday right when see the postman coming :)

    Hang in there guys....its about time and Good Luck!





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  • Alabaman
    01-05 10:20 AM
    Hello every one,

    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years.



    You know some people meet all these conditions with the exception of approved i-40 and don't even have a pending Green Card application because their employers are just waiting for their H1 to be used up and then "kick them out".

    I think if you meet all the conditions enumerated above, u should be automatically given a Green Card.



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  • desi3933
    06-18 11:43 AM
    No - I am not suggesting that!!

    Good to know that.

    What I am suggesting is that the right time to take this up is when a recession is not in full swing. Between 2004 (when this law was enacted) and 2007 was a great time to pick this battle. Maybe another year down the line would also be a great time to pick it. Picking up this particular battle right now would probably make YOUR and MY lives much more difficult in the medium term.

    I disagree. By not reporting the fraud at workplace, it puts rest of workforce not at level playing field.

    Like you and the OP - I am a selfish individual. I will pick up only those fights which are in my interest. I believe that this particular fight is a lose-lose proposition in the current climate. I am disputing your (and OPs) belief that this will be beneficial for you/me/rest of us.

    Lets take the example of the same Goldman Sachs manager. Tomorrow ICE comes to him and says you need to get rid of these 50 guys under you. What will he do? He cant increase the budget in the current environment. So he probably will hire a couple of GC holders/Citizens and replaces the whole division (with 50 GC/Citizens besides the 50 'violators') with an offshore team.

    You are right. If you are not impacted by fraud, one will be least interested in reporting the fraud. Only when you get impacted, the fraud appears real and serious.

    To give you example, There are only 3 people on H-1B at my workplace and none on L1 visa status, so no one cares here about this issue.

    BTW - I am a US citizen of Indian origin.


    Think about it!!

    Now is the time when everybody is thinking in terms of cost cutting. If you create costly disruptions now - then either the company becomes GM and lose out to overseas competitors or migrates the entire division out.

    Taking your example further, due to budget constraints, the manager will be more inclined to replace workers to L1 workers to save cost. Do you want this? This will impact people in short term.


    .





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  • SunnySurya
    08-07 04:12 PM
    Who said that those 10 guys are committing fraud. They are going by the books, which allow them to file GC for future employment. Even from the employer standpoint, you cannot prove that any fraud has been committed.


    Why don't you just ask those 10 guys you know are comitting fraud ( by not joining the desi consulting companies and trying to workaround etc ) which company\companies they are working with and then file a complaint with DOL about them. I am sure DOL would surely look into their workings and will very very surely find out that they are doing something illegal in other things ( even if this is not one of them ). Those companies will get blacklisted and will set an example for other companies.

    But I don't think you should stop anyone who is doing it legitimately. If one qualifies for EB2 and has been in the queue for a long time he has the right to do it.



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  • old_hat
    05-09 09:23 PM
    Let us talk about the "skills" introduced by H1/L1/offshore companies

    a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
    b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
    c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
    d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
    e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
    f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies

    Should I add to this list of "skills" further?

    oh dude you are talking of 20% of the folks that USCIS mentioned as fraud. Go after fraudsters. Talking of math skills you should be aware that 20% is minority. kapish?


    I personally know a lot of Indian professors in Universities like Berkeley, Stanford, CMU, Michigan etc etc. What about their skill levels? My classmates are CS professors at some top Univs. Soem of them are chairpersons at top conferences. Are you going to point to them and say Indians math skills are not good?





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  • i99
    09-14 11:59 AM
    no nothing... our attorneys are absolutely useless in addition to this situation.



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  • n2b
    08-14 08:30 AM
    PD - 10/15/2005
    Center - NSC
    RD - 7/2/2007
    ND - 8/4/2007

    Opened SR on 8/3 and InfoPass appointment on 8/9 (useless)

    Received SR response on 8/11 saying the application is in review.

    Seems like SR works!!! Finally something that works!!!

    My only confusion now is my application status - "On August 13, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."

    I do not know what ADIT means? Did anyone get similar response? What are the next steps from here in your experience? Thank you for the help in advance.

    Just an update from my end that I checked my status online again and I now see the CPO status....also received the CPO emails while I was typing this message....GLTA!!!





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  • desi3933
    06-18 12:29 PM
    ....
    The fact is there aren't enough quality resources to be picked from GC/Citizen pool. That is the reason companies are willing to deal with complex immigration laws for hiring a non-immigrant worker....


    I agree with you. If the employee is good, most companies (my workplace included) sponsor H-1B visa to get the resource. However, in the current market environment, the available supply of resources outnumbers the job demand.

    So many people on H-1B/EAD/GC are looking for job. On the other hand, companies are under tremendous pressure to reduce the cost. Its common to see forced unpaid leave (furlough) for employees.

    The current recession is far worse than 2001-2002 recession, in my opinion.


    .



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  • alisa
    04-17 07:36 PM
    I think this must be publicised somehow.
    Firstly, it would be tragic if the employers are alegally llowed to discriminate against AOS applicant with EAD cards. Hopefully, it is not allowed under the law.
    And in that case, it should be publicised and brought up that it is illegal.

    I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply.

    If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.





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  • swadeshi
    09-26 07:21 AM
    Nothing, Zilch, Nada....My lawyer said that of the 40 applications they filed on July 2nd. they got RN for only 5 so..... Seems to be a very long wait

    Our attorney sent about 50 applications and has only received abt 9 RN so far..now when we call him, he asks us to call the USCIS customer service!!





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  • ek_bechara
    08-07 02:37 AM
    North Indian/ South Indian, Marathi/Bihari, ABCD/FOB and now US educated EB2 Indians / others. How far are we going to go to showcase our differences?

    My friend: We are one people. We all came to the US with similar dreams. There are many who came before us and are patiently waiting their turn. The issue is not yours or mine, its OURS. It is our duty to fight this injustice and provide equal access to all. Learn a lesson from the jewish community. They pretty much run this country.

    I'm EB2/ Masters from US school and in my seventh year H1-B.





    sayantan76
    01-24 03:26 PM
    of all the smooth talk..cmon we all know the one time might power ruled the world.. so its not easy for them to get over with..well for those who dont like i always say..just boycott..but i know lots of them will still give in and take the pain...

    the way i see..if indian airlines were upto the task.. we could have direct flights from all major cities in US..but then again how can I simply blame the British govt. for tormenting us..its the Indian govt. who can't sort this..either encourage big businesses to launch international flights with world class service..that's something which we have to wait!
    how quick we are to blame the Indian Govt.......??

    Continental has direct flights to Delhi and Mumbai from Newark, Jet flies from both JFK and Newark, Air India flies direct as well, American flies from Chicago direct.

    Many Middle East airlines (Qatar, Emirates) fly from New York to their respective hubs in Middle East and then to multiple cities in India.

    Aeroflot ( my parents had a great experience on the airline - good food, courteous service and good new boeing planes) flies to Moscow and then to India.

    West Coast folks can fly via Singapore or HK or Malaysia........

    With so many choices - why should we even bother to patronize the London airport - i have no idea.....

    Though i have a GC and dont need a TV for london - i hate to patronize such unfriendly airport systems.





    dagabaaj
    01-06 12:22 PM
    This surely is an idea worth pursuing. Will require a real hard push. Where does one start other than writing on change.gov? In this economic environment this may be a real hard sell in my opinion. I think all will benefit from this naysayers too.