Thursday, June 30, 2011

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  • optimystic
    03-24 04:00 PM
    Got a reply back just now

    My mail to Capital One after getting the initial response:

    Craig,

    Thank you for the reply.

    I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.

    Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?

    Response that I received for the above email:

    Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.

    Best Regards,

    Craig

    Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.

    After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).





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  • amsgc
    06-21 09:20 PM
    In filing for I-485 no one has mentioned copy of I-140 or copy of Labor cert.

    My question is how does USCIS tally an AOS application to an already approved I-140 or labor certifcation and find out the PD for the application?

    If you read the instructions, it states clearly that you need to proivde a copy of your approved immigrant petition.





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  • sledge_hammer
    06-23 04:56 PM
    I am going to put (c)(9) for both me and my wife.


    What did you put in for the question 16 (Last Question) ? is it c9?





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  • anurakt
    01-19 11:21 PM
    Godbless, I am sure you can get your post 6 years H-1B extension based on the Cornin and new Aytes memo of 12-5-2006. Can you ask your lawyer whether it is possible to file your H-1B extension after 01/26/2007 but BEFORE June 2007 or it must be filed before the expiry of your parolee I-94? Also, you said the Immigration Officer at the POE did not let you use your H visa but the AP. Is it because you showed him both of your H-1B visa and AP? If you did not show the AP, he would probably let you enter with the H-1B visa, right?

    Sorry for my knowledge but why would anyone need an AP if he has ample time left on H1 ? Is it a rule that after filing I-485 , you have to have an AP to travel ?



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  • gdhiren
    07-11 08:31 AM
    Pineapple, we are only posting media coverage here. There are other threads that are posting flower orders, delivery confirmation, etc. This just in:

    Post by dtekkedil

    CNN Covers story in India!

    Looks like CNN - India covered the our flower campaign story on TV!

    Just got an SMS from India!

    Here is the CNN-IBN link which they shot yesterday with IV members in DC (also posted by nc14)

    http://www.ibnlive.com/videos/44667/...andhigiri.html

    Anyone has AajTak chanel here or has contacts in India who can record? they also shot yesterday, they were more interested in Munnabhai and Gandhigiri though.





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  • Ramba
    08-21 12:46 PM
    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.

    This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
    5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-



    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.



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  • alterego
    10-26 09:15 PM
    I finally get the chance to share our wonderful news with you all. We (me and my wife) received our "Welcome new resident" e-mails this morning.

    11 yrs for me and 12 yrs for my wife since coming to the USA. Between the two of us, Three J1s and Two F1 stamps, Six H1b stamps, Four 140s, 10 EAD/AP (5 each), 3 finger print notices apiece, Four RFEs between us and a total of $68KUSD in total USCIS fees/Lawyer fees and countless gray hair later and after many an emotional roller coaster over the years, it was our turn today.
    For those of you unclear about the admittedly weird above numbers, take a look at my RD. It is not a typo! I often wondered if I was a lone Dinosaur that survived the meteorite. I never saw anyone with a 4 plus year 485 recently.
    Our 485s were 2 yrs old and approvable when the visa bulletin fiasco happened in summer 2007. Ironically I heard that even my FPs/Background check were cleared by then (which in those days was the main cause of delays).

    I made many approaches over the years to the USCIS via phone, email, and fax, My Congressman contacted them on multiple occasions (atleast 3 times when he forwarded their response to me), and our Senator contacted them once. My lawyer as well as my employer contacted them also. I finally also wrote the ombudsman 2 weeks ago. I was pretty scathing in that letter as well (about their mockery of their stated FIFO policy etc). I am not sure exactly what worked, or if anything at all did, and it was just my time. After a while dealing with the injustice, you just get numb. Today finally I breathe a deep sigh of relief. The loooooong wait is over.

    I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be.

    I wish each of you all the best of luck and least agony in your wait. Those of you current, have faith, if you are being wronged, Stand up. Write/meet with those in a position to do something. Advocate for yourself. That way, atleast they know, what is going on. Otherwise none can help you.

    I will continue to stick around here and do what I can to help with IVs efforts. I believe with our overall effort, we are helping ourselves yes, but what we are advocating for is correct for this country as well.

    Best wishes all.





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  • pvgupt01
    09-25 10:11 PM
    yes i am in the same boat !!!!



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  • spatial
    08-20 12:55 PM
    DOS has alloted most unused visa # into EB2 category this year, and EB3 was stuck due to no additional unused EB1 visas.

    Visa Bulletin mentioned they did this in according to the requirements of Section 202(a)(5) of the Immigration and Nationality Act. But actually this might be a misunderstanding of Section 202(a)(5) and Section 203(b) - There is NO words in the act on how to allot unused visa # to differnt categories. Even the country limit and category limit would not apply if there are unused visas #. The allotment Mr. Charles Oppenheimer did horizontal spillover caused longer and more backlogs of EB3.

    Congress has a concern on the backlogs and Bush's administration promised to reduce backlogs as much as they can. If Immigration and Nationality Act allows the government to spillover the unused visa # to EB2 & EB3, and a more humane and fair system should take care of early priority date first and do whatever the government has promised, should we ask Mr. Charles Oppenheimer to think about alloting some unused visas to EB3 so it can move forword a little bit?





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  • SunnySurya
    08-07 11:24 AM
    I don't think that either, but as long as they are willing to fund my operation in part or otherwise, I am good to go...

    Do you seriously think any of these people will become plantiff and risk their greencard applcation? Because by becoming plantiff their application will be scrutinzed and further delayed.
    .

    I am open to reveal anyone my identity and discuss my plans who has voted Yes

    If these people rolling flood and sunnysurya were confident, they would have posted their name and phone number till now for everyone. These guys are cowards. I bet their profile will also be annonymous.



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  • DesiGuy
    09-09 03:42 PM
    guys, i am now in UK and it's night time but trying to call as many as possible.

    also asked friends & family (in US) to start calling.

    can someone PLEASE start a email campaign (Yes, a chain letter) to at least the DESI community.

    This is a great chance for a BIG step forward and many of you have worked VERY hard (which has motivated me also, else i had lost hope).

    God bless!!!


    forgot to mention reasoning ---> not everyone checks (or is able to) website every day but they do check email...and we do not have much time left.





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  • funny
    09-09 06:34 PM
    Posting it in this thread, as this is related to HR5882.

    Make Immigration Work for Working Immigrants

    http://townhall.com/Columnists/CesarConda/2008/09/09/make_immigration_work_for_working_immigrants

    Employment-based immigrants contribute greatly to America, although you would not know it from the way current U.S. policy treats them. Due to low quotas, a typical skilled immigrant sponsored by an American company now waits 6 to 10 years for a green card (permanent residence). The House Judiciary Committee marks up legislation this week to change that, representing likely the only measure Congress may take in the remaining weeks to aid innovation, the economy and the competitiveness of U.S. companies.

    H.R. 5882, authored by Rep. Zoe Lofgren (D-CA) and Rep. Jim Sensenbrenner (R-WI), would reduce wait times for green cards and help retain talented people in the United States. It would do this by providing green cards that had been allotted in previous years but went unused, primarily due to bureaucratic obstacles.

    �A developed country�s competitiveness now comes primarily from its capacity to innovate � the ability to create the new products and services that people want,� according to Curtis Carlson of the Silicon Valley research firm SRI International. Skilled immigrants are a vital source of America�s capacity to innovate.

    The National Venture Capital Association reports that 1 in 4 publicly-trade companies that began with venture capital since 1990 had at least one immigrant founder. While the vast majority of employees at U.S. firms are Americans, when U.S. employers recruit on college campuses they find foreign nationals represent a high proportion of the graduates in key fields. In 2006, 73% of new electrical engineering Ph.D.s in the U.S. were granted to international students, according to the National Science Foundation, while in 2005, foreign nationals received 55 percent of electrical engineering master�s degrees and 42 percent of computer science master�s degrees.

    H-1B temporary visas, which have been exhausted each of the past 5 fiscal years, only allow individuals to stay on a temporary basis, so an employment-based green card is necessary to stay here permanently. The separate quota for green cards for skilled immigrants is set at 140,000 a year (including dependents of the skilled immigrant). That quota has also been insufficient to meet demand, creating waits of 6 to 10 years for a green card.

    The great uncertainty these waits create lead some to give up and leave the United States and others to not even begin the process. The current long waits �cause a reverse brain drain affecting American competitiveness and innovation,� according to Aman Kapoor, executive director of the group Immigration Voice. �At the same time, these green card backlogs create severe quality of life issues for the applicants and their families.�

    Those who understand markets realize that there is no such thing as a fixed number of jobs, as critics of high skill immigration maintain. A 2008 National Foundation for American Policy (NFAP) study found that for every skilled foreign national requested (for H-1B visas) with the Department of Labor, U.S. technology companies increase their employment by 5 workers. Many U.S. executives confirm this experience at their firms. Looking to America�s next generation of scientists and engineers, a 2004 NFAP study found more than half of the finalists for the Intel Science Talent Search, the leading contest for top U.S. high school science students, were the children of skilled immigrants.

    In addition to the reduced waiting times for green cards from H.R. 5882, Congress can take other steps. It can fix the labor certification process for skilled immigrants under which the U.S. Department of Labor (DOL) requires companies to engage in expensive and time-consuming advertisements to show no qualified Americans are available for certain jobs. Neither the law nor the original DOL regulations required such advertisements. Yet DOL is using its questionable authority to, among other things, audit thousands of green card cases from the nation�s largest immigration law firm, Fragomen, Del Rey, Bernsen & Loewy. The Fragomen firm has filed a lawsuit in U.S. District Court alleging DOL has exceeded its authority. Congressional oversight is warranted.
    Congress can also eliminate the per country limit for skilled immigrants, which pushes back wait times for Indian and Chinese professionals, exempt from green card quotas those who earn a master�s degree or higher, and increase the quotas for H-1B temporary visas.

    While H.R. 5882 will not solve all our immigration problems, it represents an important effort to retain talented individuals in America so they can help create jobs and innovation in the United States.

    Stuart Anderson is a former Staff Director of the Senate Immigration Subcommittee and now Executive Director of the National Foundation for American Policy, a nonpartisan policy research group based in Arlington, Va.

    No one is calling anymore?? Please call guys if you have not...Leave a voice message....but call



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  • rahulpaper
    06-29 08:57 PM
    I don't intent to sound rude, but why would this make your life "Suck", "no social life" , "no carreer life", "no nothing life".

    Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwords (heard its nice).

    If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...

    just curious...





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  • krishnam70
    06-18 06:06 PM
    FORMAT FOR EMPLOYER'S LETTER :




    --------------------------------------------------------------------------------------------------------------------


    Hi everyone ,

    i have three question please please anyone answer ....

    1 - i have previously applied but was returned due to pd not current , what to file in the form where it say if u have appllied before ? ( i am filing on my own this time )

    2 - should the salary be there on employment letter . if so the present day salary or the one with labour approve ?

    3 - i have an A# when my file was returned should i use that or leave it blank wherever it is asked also my wife have TIN number is that what i am supposed to write where it ask her to give her SSN

    i will appreciate anyone answering any question please

    thank you

    pranju


    Hi all

    I request some help on how to proceed and what is required for self filing 485 for child born in India. We have already filed 485 3 yrs ago and awaiting Approval( delayed due to retrogression). Now since the dates have become current we would like to add our child who was born in India and currently living with us here ( we are still maintaining H1 and H4 status valid). I wanted to find out what documents and letter( to build the case) is required for adding our child to the application. Also would like to find out if we need to attach our child to existing application(mother or father) or file is seperately. Anybody please advise

    thanks
    krishna



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  • qasleuth
    09-23 09:22 PM
    No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(

    huh ? You cannot google ? Let us know if you need help with the math.

    Employment-Based Visas (http://travel.state.gov/visa/immigrants/types/types_1323.html#third)

    7 % country limit.





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  • zram1977
    10-05 08:30 AM
    we got approval on our I-485 (PD Jan,2006).
    I take this opportunity to THANK IV ans its Core Group for doing this wonderful service to EB Immigrants community.

    Thanks and best wishes for those who are in the sprocess.

    Ram.



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  • smisachu
    07-11 11:04 AM
    I agree with immi2006. We set ourselves apart by the Flower campaign indicating that we are law abiding and peaceful.

    If some one can come up with a format which shows the tax dollars we have paid so far and the social security we have contributed and we can extrapolate it to encompass the total estimated number of EB immigrants. That would be a sizable number and will wake everyone up. If we distribute this to all the Senators/Congressmen and media it could have a huge impact.

    Maybe all IV members can send the two figures:
    Lifetime tax paid- One figure
    Contribution to SS- One figure

    We can put this in a presentable format with a write up and publish it. More ideas and thoughts please.


    Guys,

    This should not boomrang on us, let us do it with caution. Food Delivery etc can look mean.

    What we can think of is Sending your tax statements for 5 years to tell them how honest we have been and how much we contributed to economy..
    Sending it to local senators ?.

    What dou think ?





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  • Prashant
    09-10 12:04 PM
    Thanks bud!, it changed me from red to green :)


    Let me give you a green buddy and see if it changes something for you.

    Folks please call it all counts.

    .................................................. .
    $470 + made calls to all congressmen/women on the HR5882 list.

    Go IV Go.....





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  • factoryman
    05-16 07:32 PM
    :) I will make sure to ask the Attorney / firmto overnight it via FedEx on Jun 1. In the meanwhile, I am working on the check list of documents, vaccines list and take medical appointment. Already prepared I-485 filing documents way back in Aug 2005. Maybe the attorney will send a set of new forms, I don't know; I will complete in one day.

    late last month my father passed away and I had to fly back to Australia to attend the funeral. My lawyer and I were already in the process of preparing my i485/ead/ap. They arrived at the service centre on may26 and I left the US shortly after midnight on the 27th ( talk about close). My lawyer told me that as long as I was present in the US the day that the Service centre recieved my applications, I was ok. I also had my L1 re-stamped in Sydney before returning. :)

    So based on my experience, no you dont have to wait for reciept of filing, just must be in US when filled.





    BharatPremi
    09-24 11:34 PM
    I have eb3 485 and am working on EB3 EAD. I do not have a h1b

    Eb3 485 Filed on July 2007

    Got a promotion at the same company in Jan 2009 and applied for Labor n Eb2 for the new position

    Still wating for Perm approval in EB2

    Beautifulmind,

    I do not want to scare you but what you are claiming here i.e. while working on EB3-EAD aceepting promotion for a EB2-level skill can not be accepted by USCIS. You simply can not accept higher skill level based promotion like that. I think you should first sit down with a good lawyer and find out the solution of this already created mess and then think about interfiling.

    Based on all info you provided it looks like our cases are not similar. I have already new approved I-140 - EB2 base - approved in year 2006. My 485 is attached to EB3.





    EB2DEC152005
    08-18 09:44 PM
    Finally I am greened.

    For me here is the status.

    Card/ Document Production
    On August 18, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

    For my wife, status is like this.
    Decision
    On August 18, 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. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

    Did anybody get the above status? What does not it mean?