bigboy007
05-12 01:07 AM
the title of thread suggests the meaning of divided interests... i think we all are ignoring one thing, lets say for ex. the administration changes its tune and makes all dates current. Then is that going to solve our problems will every one get GC right away? I dont know for sure what is the rationale for dates movement either becoz of demand of USCIS or any further directives but one thing for sure... Till Numerical limits disappear ( either by allowing recapture or eliminating country limits) no light in sight... May be it Flower campaign by "EBX" when EBX gets retrogressed is good for words...
Recap is best bet , becoz with political support rest of world has its not that easy to make a law that will eliminate country limits.. It is there to help for some select countries and keep developing countries at bay.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
Recap is best bet , becoz with political support rest of world has its not that easy to make a law that will eliminate country limits.. It is there to help for some select countries and keep developing countries at bay.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
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BECsufferer
05-09 07:46 PM
I am appalled by this development, but their is little in our control over this development. Evidently, it's repurcussion of mass conversion of EB3 to 2. But again that is not what we want to discuss over.
Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.
Can we re-surrect mass letter campiange to Senators and Adminstration?
Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.
Can we re-surrect mass letter campiange to Senators and Adminstration?
raydhan
04-30 11:16 AM
rags,
Do you have the Bill Number by any chance so that we can look it up on the Thomas Library and see the contents?
Thanks. Good luck to us all.
Do you have the Bill Number by any chance so that we can look it up on the Thomas Library and see the contents?
Thanks. Good luck to us all.
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supreet
07-10 01:26 PM
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
more...
gc28262
06-27 09:53 PM
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(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) 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 --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(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) 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 --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
zee2007
09-05 01:04 AM
:confused: ...whats up...saw someone with mid july getting receipts.?????
more...
rtarar
05-19 01:31 PM
I am a July 2nd Filer.
No FP yet.
Details in signature.
No FP yet.
Details in signature.
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Macaca
07-08 12:33 PM
A GC is allocated after AOS application has been approved. An AOS application may not use up a GC # available in current year's quota (due to name check delays). Thus, AOS application submission is reasonably independent of currently available GC #'s.
However, retrogression does not even allow AOS application submission. The concept of retrogression can be avoided by accepting AOS applications but issuing GC's whenever a GC # is available.
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
However, retrogression does not even allow AOS application submission. The concept of retrogression can be avoided by accepting AOS applications but issuing GC's whenever a GC # is available.
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
more...
laborchic
07-11 10:11 AM
Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
This one was the best... Where did this come from??
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
This one was the best... Where did this come from??
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CADude
08-01 06:30 PM
Tricky question? Only USCIS can answer. May be part of FAQ3..;)
On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
more...
CADude
08-01 04:58 PM
If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
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sheela
08-01 05:02 PM
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
My I-140 mailed/delivered at TSC was approved in 20 days (2/2006). Attorney mailed AOS at NSC (delivered on 7/2/07: he said all EB applications has to go to NSC irrespective of the center of I-140 appoval). I donot understand if it is to be transferred to TSC why it should have been invited at NSC-may be receipt #s are generated at NSC and cases are transferred electronically to different centers for handling depending upon work load of the center. NSC may be the monitoring center. Going by discussions here it looks like TSC is quick and fast. Any guesses?
if I-140 is approved at Texas.
Has anyone have any idea?
My I-140 mailed/delivered at TSC was approved in 20 days (2/2006). Attorney mailed AOS at NSC (delivered on 7/2/07: he said all EB applications has to go to NSC irrespective of the center of I-140 appoval). I donot understand if it is to be transferred to TSC why it should have been invited at NSC-may be receipt #s are generated at NSC and cases are transferred electronically to different centers for handling depending upon work load of the center. NSC may be the monitoring center. Going by discussions here it looks like TSC is quick and fast. Any guesses?
more...
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mhathi
03-26 03:30 PM
Processing dates doesn�t mean they don�t process applications received after those dates.
I got my H1B renewal notice last week. My application�s received date is in 3rd week of Jan and Processing date for H1B extension is still in December-07.
Yes this was a recent change in the way they reported processing dates. Instead of reporting which date they are working on "now", they now publish the receipt date of the earliest application that is still being processed.
That explains the "retrogression", if you will, of processing dates of TSC after the initiation of the new NC rule. A lot of applications stuck in NC suddenly became available for processing, and hence the RD of the "earliest" case under processing had to be moved back.
I got my H1B renewal notice last week. My application�s received date is in 3rd week of Jan and Processing date for H1B extension is still in December-07.
Yes this was a recent change in the way they reported processing dates. Instead of reporting which date they are working on "now", they now publish the receipt date of the earliest application that is still being processed.
That explains the "retrogression", if you will, of processing dates of TSC after the initiation of the new NC rule. A lot of applications stuck in NC suddenly became available for processing, and hence the RD of the "earliest" case under processing had to be moved back.
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deziliu
05-02 07:20 PM
Hi, all:
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Thanks.
Bruce
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Thanks.
Bruce
more...
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fetch_gc
10-16 10:01 AM
Hi gcspace,
I'm still waiting for I485/765/131 receipts from NSC, filed on July 16th@11.16 am, signed by F.HEINAUER.
Today is the 91st day and I do not know how many days we need 2 wait.
I'm still waiting for I485/765/131 receipts from NSC, filed on July 16th@11.16 am, signed by F.HEINAUER.
Today is the 91st day and I do not know how many days we need 2 wait.
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santhi_krishna
08-13 11:06 PM
Congrats! Can you please tell us where your I140 was approved from. Are the checks cashed?
My I140 is pending with NSC since Jan 2007. My attorney issued the checks, So I don't know whether the checks cashed or not.
My I140 is pending with NSC since Jan 2007. My attorney issued the checks, So I don't know whether the checks cashed or not.
more...
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vbkris77
05-02 10:50 AM
What about EB applicants from non retrogressed countries/EB1? The primary gets GC in 6 months and the family will have to wait in FB quota?
Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
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kannan
01-08 08:42 PM
Mine is NSC to CA, Still in CA only,opened 2 SR for FP,no use.Anybody is still in CA
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subdhar
08-23 12:06 PM
Looks like there are no approvals from TSC .....from last two weeks..
dilipb
07-30 03:28 PM
I applied for EAD on 06/18/2008
Receipt Date 06/20/2008
Not received it till date!
My friend applied on 06/04/2008
He got 1 year EAD on 06/30/2008.
This is because they were trying to approve as many EAD cases as possible, so that they can earn money next year too.
They probably did this because its a fee based organisation.
Receipt Date 06/20/2008
Not received it till date!
My friend applied on 06/04/2008
He got 1 year EAD on 06/30/2008.
This is because they were trying to approve as many EAD cases as possible, so that they can earn money next year too.
They probably did this because its a fee based organisation.
buddyinsd
02-08 05:56 PM
To know something is good (following news of one or more countries) so we can decide whats better. Seems like u have misinterpreted that or thinking too much to go on to say its "attachment" ha ha ha
But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
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