gc_chahiye
06-25 12:00 PM
............Expanding on my previous posts.
One more thing.
If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end.
one thing to consider though: with the number of 485 filings that are expected in July, receipts are probably going to take 8 weeks or longer to come through (just ask teh H1B filers this year). By then the PD for the other spouse would have probably retrogressed. Another thing to keep in mind...
One more thing.
If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end.
one thing to consider though: with the number of 485 filings that are expected in July, receipts are probably going to take 8 weeks or longer to come through (just ask teh H1B filers this year). By then the PD for the other spouse would have probably retrogressed. Another thing to keep in mind...
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weasley
04-25 08:24 PM
Restrictions on H1B is definitely not going to help retain jobs in America. More technnical jobs will be outsourced. My friend work for a TARP company and they are directed to move more technical jobs to offshore. The raid and other things what they are doing now will certainly prevent fraud.
ocpmachine
04-05 04:01 PM
Is that mean they are going to move the PDs much further and again move back during the end of the year!!
So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!
.
The way i read that statement is that DOS is being cautious and don't want to move the dates way ahead at one go, dates will move by some degree in May and then bulletin will have projected dates for future months, this way if DOS sees demand from porting in Sept, it may not move EB2 dates at all...My 2C.
So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!
.
The way i read that statement is that DOS is being cautious and don't want to move the dates way ahead at one go, dates will move by some degree in May and then bulletin will have projected dates for future months, this way if DOS sees demand from porting in Sept, it may not move EB2 dates at all...My 2C.
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indianabacklog
06-19 12:01 PM
Everyone seems to indicate that the checks for fees payment to the INS need to be made out to USCIS, however, all the forms that I've downloaded from their website instruct that the payments be made out to Department of Homeland Security - which one is correct?
I have already filed my AOS for self and spouse, and made checks payable to Department of Homeland Security, written out in full. They were cashed more than a month ago which suggests I got it right.
I have already filed my AOS for self and spouse, and made checks payable to Department of Homeland Security, written out in full. They were cashed more than a month ago which suggests I got it right.
more...
mihird
07-09 06:47 PM
Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
The British made us feel in the hey days that living in our own country was a previlege extended by their administration...even in that environment...Gandhigiri worked....but not without several initial failures..and Gandhi himself had acknowledge that non-violent resistence can succeed even against hitler but not without several initial failures...
The fact that we could get Mr. Gonzalez to even respond to the flower campaign itself speaks that Gandhigiri has worked...the publicity that this will generate will be of immense help....
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
The British made us feel in the hey days that living in our own country was a previlege extended by their administration...even in that environment...Gandhigiri worked....but not without several initial failures..and Gandhi himself had acknowledge that non-violent resistence can succeed even against hitler but not without several initial failures...
The fact that we could get Mr. Gonzalez to even respond to the flower campaign itself speaks that Gandhigiri has worked...the publicity that this will generate will be of immense help....
jasmin45
07-15 09:10 PM
There's an interesting blog about Lou Dobbs' "inaccuracies" here:
www.dobbswatch.com
Lets track him down.. after the July fieasco is over we will deal with this guy
www.dobbswatch.com
Lets track him down.. after the July fieasco is over we will deal with this guy
more...
gc_check
02-21 04:26 PM
Please sing this petition:
http://capwiz.com/aila2/issues/alert/?alertid=8489276&type=TA (http://capwiz.com/aila2/issues/alert/?alertid=8489276&type=TA)
Senate Judiciary Committee to Debate Immigration Reform on March 2!
Urge Committee members to support a realistic, comprehensive solution
On March 2, the Senate Judiciary Committee is scheduled to mark up an immigration reform bill. Enter your zip code in the box, and if your Senator is a member of the Committee, send a letter urging him or her to support a realistic, comprehensive solution that includes a path to permanent legal status for the current undocumented population. We need to let our Senators know that the enforcement-only approach endorsed by the House in December will hurt our communities and compromise our economy but will not fix our broken immigration system.
If your Senators are not members of the Judiciary Committee, you can still send a general letter urging them to support comprehensive immigration reform when the debate reaches the Senate floor. Enter your zip code to take action now!
just signed the document and sent.
Also the below link
http://capwiz.com/aila2/issues/alert/?alertid=5183421&type=CO
Admin, Is it possible to have a sepearet tab/page for Pettition and list all of these or similar links, so folks can find them easily and sign.
http://capwiz.com/aila2/issues/alert/?alertid=8489276&type=TA (http://capwiz.com/aila2/issues/alert/?alertid=8489276&type=TA)
Senate Judiciary Committee to Debate Immigration Reform on March 2!
Urge Committee members to support a realistic, comprehensive solution
On March 2, the Senate Judiciary Committee is scheduled to mark up an immigration reform bill. Enter your zip code in the box, and if your Senator is a member of the Committee, send a letter urging him or her to support a realistic, comprehensive solution that includes a path to permanent legal status for the current undocumented population. We need to let our Senators know that the enforcement-only approach endorsed by the House in December will hurt our communities and compromise our economy but will not fix our broken immigration system.
If your Senators are not members of the Judiciary Committee, you can still send a general letter urging them to support comprehensive immigration reform when the debate reaches the Senate floor. Enter your zip code to take action now!
just signed the document and sent.
Also the below link
http://capwiz.com/aila2/issues/alert/?alertid=5183421&type=CO
Admin, Is it possible to have a sepearet tab/page for Pettition and list all of these or similar links, so folks can find them easily and sign.
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gjoe
08-07 10:12 AM
I guess everybody should support Rolling and Sunny because this initative will create an opening for all other immigration issues.
Everyone waiting for years to get their GC has a real reason to think why USCIS didn't do their job right.
I would say if Sunny and Rolling stone really file a lawsuit, it is like they turning the spotlight on USCIS and from there the rest us can work to bring more light to the bigger issues with USCIS
Everyone waiting for years to get their GC has a real reason to think why USCIS didn't do their job right.
I would say if Sunny and Rolling stone really file a lawsuit, it is like they turning the spotlight on USCIS and from there the rest us can work to bring more light to the bigger issues with USCIS
more...
factoryman
05-24 06:24 PM
Height, weight is noted.
For adults (man or woman) only Tetanus and MMR is needed. Children, take your child's school vaccination record; by elementary school end, this record should be complete and they will not no vaccination needed. Go to your doctor /HMO and get these done. For MMR they will say, oh, you don't need, we will do antibody assay (to squeeze more money from Insurance). Show your left hand and ask them to poke. Tetatus is IM and MMR is SC (sub cutaneous). Then and there take a vaccination report.
Go to doctor. First visit - they will draw sample (for HIV test) and then give Mantoux Test; this is Intra Dermal injedtion. usa your right hand - (for BCG or TB). No skin reaction, don't worry.
Skin reaction over 5mm with raised skin (induration or something). I had a postive skin reaction. Then doctor will take complete physical , take an x-ray. In 99% of case TB will be ruled out ( you see the positive skin reaction is saying that your were exposed to TB bacteria in the past - not necessarily disease). The chest X-Ray is the dignostic proof, that no TB was there at all or is not thee now. This X-Ray and Physical is on the 3rd day after 48 hours. The X-ray is not included in the sealed cover, only conclusions of X-ray and Physical.
For those 1%, don't worry. Even if you are diganosed your I-485 will not be rejected. You have to take an undertaking and prescriptions and medicines. You will be treated in 3 to 6 months. Then they may complete your case. This para is my educated, logical and common sense guess.
For a good doctor, in Denver / Aurora area of CO, PM me. Good and nice American Doctor and staff.
All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.
I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.
G
For adults (man or woman) only Tetanus and MMR is needed. Children, take your child's school vaccination record; by elementary school end, this record should be complete and they will not no vaccination needed. Go to your doctor /HMO and get these done. For MMR they will say, oh, you don't need, we will do antibody assay (to squeeze more money from Insurance). Show your left hand and ask them to poke. Tetatus is IM and MMR is SC (sub cutaneous). Then and there take a vaccination report.
Go to doctor. First visit - they will draw sample (for HIV test) and then give Mantoux Test; this is Intra Dermal injedtion. usa your right hand - (for BCG or TB). No skin reaction, don't worry.
Skin reaction over 5mm with raised skin (induration or something). I had a postive skin reaction. Then doctor will take complete physical , take an x-ray. In 99% of case TB will be ruled out ( you see the positive skin reaction is saying that your were exposed to TB bacteria in the past - not necessarily disease). The chest X-Ray is the dignostic proof, that no TB was there at all or is not thee now. This X-Ray and Physical is on the 3rd day after 48 hours. The X-ray is not included in the sealed cover, only conclusions of X-ray and Physical.
For those 1%, don't worry. Even if you are diganosed your I-485 will not be rejected. You have to take an undertaking and prescriptions and medicines. You will be treated in 3 to 6 months. Then they may complete your case. This para is my educated, logical and common sense guess.
For a good doctor, in Denver / Aurora area of CO, PM me. Good and nice American Doctor and staff.
All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.
I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.
G
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santb1975
01-14 10:26 PM
We need people like you
Thanks! I am in Virginia.
Thanks to needhelp for the reference.
Is it advisable to include a reference to the Ombudsman report in the letter to the President? I am talking about the earlier mentioned reference on page 33 stating that "since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Thanks! I am in Virginia.
Thanks to needhelp for the reference.
Is it advisable to include a reference to the Ombudsman report in the letter to the President? I am talking about the earlier mentioned reference on page 33 stating that "since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
more...
shekhar10c
06-29 07:15 PM
I was thinking on the same line. Why to wait at the last moment and that too when today they allowed the medical examinations to be done outside the local area. I guess, time to chill out, have some beer (i'm already having) and worry on monday. We anyway can't do anything about it on sat-sun.
yeah enjoy ur weekend. if you have filed ur application then chill and if not then ....what r u doing , lazy boy...move ur ass and courier it now.....hahahhhaha.
yeah enjoy ur weekend. if you have filed ur application then chill and if not then ....what r u doing , lazy boy...move ur ass and courier it now.....hahahhhaha.
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anotherone
01-30 03:34 PM
it was very clear they were willing to hire me if I had a GC in hand
more...
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singhv_1980
01-20 09:32 PM
everyone,
please also post the detail about when was your H1 approved. In which month and year. It might be possible that recently approved H1 is talking more time... just my guess.. if we post about H1 approval time frame then it will help us to decide something about which cases are taking more time..
This is an excellent point. DOS publications claim that PIMS has all the information since 2004. Please mention your approval dates too. There could be a delay pattern pertaining to the approval date.
Anyone with H1B after 2004 has seen any delay???
This forum has provided an incredible amount of information for ignorants like me. Please keep on updating this thread with your experiences and details. Mention your approval dates also.
Thanks
please also post the detail about when was your H1 approved. In which month and year. It might be possible that recently approved H1 is talking more time... just my guess.. if we post about H1 approval time frame then it will help us to decide something about which cases are taking more time..
This is an excellent point. DOS publications claim that PIMS has all the information since 2004. Please mention your approval dates too. There could be a delay pattern pertaining to the approval date.
Anyone with H1B after 2004 has seen any delay???
This forum has provided an incredible amount of information for ignorants like me. Please keep on updating this thread with your experiences and details. Mention your approval dates also.
Thanks
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pappu
11-22 07:50 PM
http://www.bibdaily.com/pdfs/Tao%2011-7-07.pdf
Plaintiff suggests that the fact that her application
has been pending for nearly three years is patently
unreasonable. She argues that Congress intended
applications to be adjudicated within 180 days. See 8
U.S.C. � 1571(b) ("It is the sense of Congress that the
processing of an immigration benefit application should
be completed not later than 180 days after the initial
filing of the application . . .."). That [*10] 180-day
timetable may provide some guidance here, although the
"sense of Congress" expressed in INA Section 1571(b)
does not necessarily carry the force of law. See Yang v.
California Dep't of Social Servs., 183 F.3d 953, 958-59
(9th Cir. 1999).
Defendants argue that there is no statutory deadline
by which applications must be adjudicated and that, in
any event, the "first-in, first-out" protocol must be given
deference. True, Congress has not established a
mandatory timeframe for the USCIS to adjudicate
applications. Moreover, "'[t]he passage of time alone is
rarely enough to justify a court's intervention in the
administrative process, especially since administrative
efficiency is not a subject particularly suited to judicial
evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
However, the court also recognizes that there is no
precise formula for determining whether there has been
an unreasonable delay. Instead, "[w]hat constitutes an
unreasonable delay in the context of immigration
applications depends to a great extent on the facts of the
particular case." Id.
Plaintiff suggests that the fact that her application
has been pending for nearly three years is patently
unreasonable. She argues that Congress intended
applications to be adjudicated within 180 days. See 8
U.S.C. � 1571(b) ("It is the sense of Congress that the
processing of an immigration benefit application should
be completed not later than 180 days after the initial
filing of the application . . .."). That [*10] 180-day
timetable may provide some guidance here, although the
"sense of Congress" expressed in INA Section 1571(b)
does not necessarily carry the force of law. See Yang v.
California Dep't of Social Servs., 183 F.3d 953, 958-59
(9th Cir. 1999).
Defendants argue that there is no statutory deadline
by which applications must be adjudicated and that, in
any event, the "first-in, first-out" protocol must be given
deference. True, Congress has not established a
mandatory timeframe for the USCIS to adjudicate
applications. Moreover, "'[t]he passage of time alone is
rarely enough to justify a court's intervention in the
administrative process, especially since administrative
efficiency is not a subject particularly suited to judicial
evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
However, the court also recognizes that there is no
precise formula for determining whether there has been
an unreasonable delay. Instead, "[w]hat constitutes an
unreasonable delay in the context of immigration
applications depends to a great extent on the facts of the
particular case." Id.
more...
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chanduv23
04-25 01:17 PM
May I ask your immigration status. I believe you already got your GC and roaming around here just beat shit out of others. Each and every of your post is convincing me in that direction only. You would be happy to see the H1 guys thrown out from here. So it will increase your demand and you can make more money. What kind of person you are. is there any difference between you and anti-immigrant. Or are you that coming with Indian name to make fool out of us.
If you dont believe me, you read all your posts again. You are always talking about banning desi consultant. You are more than welcome for that. But you did you even thought about a second for guys who are genuine and unfortunate to work for them.
People are already stressed out. If you got your GC please go-away and enjoy your freedom.
senthil1 is one of those who is "shut the door behind you" kinds folks. He has been consistent on his stand and he wants to side anti immigrants. He is a disgrace and shame to your community. I had a feeling that sometime back he was 'reformed criminal" but does not seem so anymore.
If you dont believe me, you read all your posts again. You are always talking about banning desi consultant. You are more than welcome for that. But you did you even thought about a second for guys who are genuine and unfortunate to work for them.
People are already stressed out. If you got your GC please go-away and enjoy your freedom.
senthil1 is one of those who is "shut the door behind you" kinds folks. He has been consistent on his stand and he wants to side anti immigrants. He is a disgrace and shame to your community. I had a feeling that sometime back he was 'reformed criminal" but does not seem so anymore.
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sunty
09-23 09:51 PM
Maybe FOIA request by IV was one of the main causes for this data to be posted on the USCIS website. USCIS thought that since the cat is out of the bag anyways, why not make the data public as part of the redesign effort of the USCIS website.
If the data provided to IV on the Donor forum matches with that of the USCIS site, there might be some other details in the IV report that can give us a better picture.
If the data provided to IV on the Donor forum matches with that of the USCIS site, there might be some other details in the IV report that can give us a better picture.
more...
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bitzbytz
03-29 05:18 PM
Thanks to IV for getting this done
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leoindiano
10-07 08:54 PM
without approving 2004 cases, what is the point in moving the dates forward in november? Whoever is writing to Janet Napolitano, should point this out.
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malaGCPahije
08-07 04:12 PM
The point was about abusing the system to get ahead in the line. In that way labor sub shares similarity with PD porting. If a person who landed yesterday fits the job profile and the law allowed it , then what's wrong.
On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.
any action should be against the so called "paid PD porting" cases. But why harm a honest EB3 person switching companies to go up the ladder? If he is getting the benefit of the rule, what is wrong? As long he it is done by the law, I do not see any problem.
Tomorrow, if you get a position that justifies EB1 category for you, would you not move to that category? Nothing wrong in that either.
I endorse Pappu's comments. Wrong doers can be punished. But people benefiting by a certain rule should not be.
On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.
any action should be against the so called "paid PD porting" cases. But why harm a honest EB3 person switching companies to go up the ladder? If he is getting the benefit of the rule, what is wrong? As long he it is done by the law, I do not see any problem.
Tomorrow, if you get a position that justifies EB1 category for you, would you not move to that category? Nothing wrong in that either.
I endorse Pappu's comments. Wrong doers can be punished. But people benefiting by a certain rule should not be.
beautifulMind
06-16 09:02 PM
who is your lawyer
whitecollarslave
03-27 04:23 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.
Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.
There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.
You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.
The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)
I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?
Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.
There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.
You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.
The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)
I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?
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