optimystic
03-26 02:57 PM
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
One can argue that an EAD guy has crossed such DOL directed verifications and legally aquired work permit. But a 'once approved 140' is not a gaurantee...right....it can get an RFE and rejected...Mostly for Employers ability to pay, but isn't it also for malpractice during PERM recruiting efforts...?
My point being, an EAD guy is not 100% cleared of the potential fact that he could be displacing an US citizen. And that puts him under the purview of possible screening by an employer (trying or facading to trying to stick to DOL rules) and being compared to an available US citizen with equal qualifications....does it not? And by virtue of that, gives the employer to ask if a candidate is EAD or not...
May be the policy of 'innocent until proven guilty' applies here and a work permit of an EAD guy to be treated legally as such and be not doubted. But I am digressing....
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
One can argue that an EAD guy has crossed such DOL directed verifications and legally aquired work permit. But a 'once approved 140' is not a gaurantee...right....it can get an RFE and rejected...Mostly for Employers ability to pay, but isn't it also for malpractice during PERM recruiting efforts...?
My point being, an EAD guy is not 100% cleared of the potential fact that he could be displacing an US citizen. And that puts him under the purview of possible screening by an employer (trying or facading to trying to stick to DOL rules) and being compared to an available US citizen with equal qualifications....does it not? And by virtue of that, gives the employer to ask if a candidate is EAD or not...
May be the policy of 'innocent until proven guilty' applies here and a work permit of an EAD guy to be treated legally as such and be not doubted. But I am digressing....
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485Mbe4001
09-13 01:09 PM
Please dont use google it is a waste of time - FBI uses its own databases and looks for 'hits' in terms of derogatory information.
Instead lobby for the following:-
1) USCIS should have the authority to ask FBI as to why the namecheck is taking so long and provision to expediate name check if it is has been pending for more than 'x' number of years (probably 2 or 3 i guess).
2) FBI should provide a reason for the delay. Most of the time (80%) the delay is simply because they dont have the time to open your file.
3) Procedure to Pay $500-$1000 to expediate NC (1 week) with a yes or No result. this will all allow FBI to obtain resources to process NCs faster
NC is the next bottle neck that we have to lobby for.
If I search my "Firstname Middlename" there are 10000 hits in google :-). And I know for sure there are few murderers , politicians and movie stars(most of them are arrested atleast once for crime or the other :-)) who have the same first name and middle name as mine back in India.Last name is what makes the full name unique.
My Namecheck was initiated Aug 4th as per TSC IO and is still pending.Looks like I am going to be waiting for a long time.
Instead lobby for the following:-
1) USCIS should have the authority to ask FBI as to why the namecheck is taking so long and provision to expediate name check if it is has been pending for more than 'x' number of years (probably 2 or 3 i guess).
2) FBI should provide a reason for the delay. Most of the time (80%) the delay is simply because they dont have the time to open your file.
3) Procedure to Pay $500-$1000 to expediate NC (1 week) with a yes or No result. this will all allow FBI to obtain resources to process NCs faster
NC is the next bottle neck that we have to lobby for.
If I search my "Firstname Middlename" there are 10000 hits in google :-). And I know for sure there are few murderers , politicians and movie stars(most of them are arrested atleast once for crime or the other :-)) who have the same first name and middle name as mine back in India.Last name is what makes the full name unique.
My Namecheck was initiated Aug 4th as per TSC IO and is still pending.Looks like I am going to be waiting for a long time.
Robert Kumar
03-29 02:56 PM
My priority Date is EB2 May 2006. I will be current if the dates got moved.
I will be out of the country for the entire month of May.
Please let me know if it is acceptable to be out of the country during 485 approval.
Also please let me know what I need to do at the port of entry.
May not be acceptable. As soon as your dates become current, I guess you will be eligible to file for 485 on May 1st. and you must.
Come June 1st and if they retrogress, for some reason, you will miss it.
Better check with your attorney, but I think I'm right.
I will be out of the country for the entire month of May.
Please let me know if it is acceptable to be out of the country during 485 approval.
Also please let me know what I need to do at the port of entry.
May not be acceptable. As soon as your dates become current, I guess you will be eligible to file for 485 on May 1st. and you must.
Come June 1st and if they retrogress, for some reason, you will miss it.
Better check with your attorney, but I think I'm right.
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logiclife
01-10 10:21 AM
The guy has sent you a generic form letter. I dont want to discourage or disppoint you and I thank you for your effort. What you did was good. What I am saying is that he probably didnt read that you are not talking about illegal immigration and borders etc. but the backlogs in the "Legal" variety.
But he just sent our a generic letter that can be used for all people writing about immigration.
--logiclife.
But he just sent our a generic letter that can be used for all people writing about immigration.
--logiclife.
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Saralayar
03-10 05:55 PM
We could also do a signature/petition campaign that would focus on 'American Citizens' supporting our effort. We should aim at getting a lot of signatures. Afterall there have to be hundreds of thousands of formerly H1B holders who are citizens now; at least they would support our effort.
Excellent idea JBR. Why don't you create a letter template and put it in IV. If we have the facility to sign electronically, it will be nice. Later, it can be sent electronically to all Congress Members. Let us try to create a slogan for our campaign. Any IV member can shed their ideas on this.
Is PAPPU or any IV Core members following this thread?. PAPPU we need your involvement in this and make this as another IV campaign immediately...
Excellent idea JBR. Why don't you create a letter template and put it in IV. If we have the facility to sign electronically, it will be nice. Later, it can be sent electronically to all Congress Members. Let us try to create a slogan for our campaign. Any IV member can shed their ideas on this.
Is PAPPU or any IV Core members following this thread?. PAPPU we need your involvement in this and make this as another IV campaign immediately...
desi3933
08-23 04:35 PM
Guys,
.....
.....
Just send the loud message" UNLESS YOU DO SOMETHING, WE ARE GOING BACK."
Send the message in different ways. And ofcors good to meet personally.
Sri.
Try that and see what happens. :D :D
Nobody cares if you stay here or go back.
.....
.....
Just send the loud message" UNLESS YOU DO SOMETHING, WE ARE GOING BACK."
Send the message in different ways. And ofcors good to meet personally.
Sri.
Try that and see what happens. :D :D
Nobody cares if you stay here or go back.
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ski_dude12
08-17 01:40 PM
Anil,
I got an email from TSC mentioning that my file had been requested for review and to allow 60 days.
Also, I got a letter from USCIS (TSC) in response to the SR that my file was being actively worked on.
Is that the same as an officer reviewing the case? or that comes next after file has been requested.
Did you receive any email response from the Service center processing your case, after you raised an SR ?
If in that response..they mentioned that an officer is reviewing your case..then you should be safe..
I got an email from TSC mentioning that my file had been requested for review and to allow 60 days.
Also, I got a letter from USCIS (TSC) in response to the SR that my file was being actively worked on.
Is that the same as an officer reviewing the case? or that comes next after file has been requested.
Did you receive any email response from the Service center processing your case, after you raised an SR ?
If in that response..they mentioned that an officer is reviewing your case..then you should be safe..
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danu2007
07-09 08:38 PM
Flower Campaign - Media published urls
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
http://wadias.in/site/arzan/blog/gandhigiri-send-flowers-to-uscis/
http://www.touchdownusa.org/node/11
http://www.bibdaily.com/
http://www.immigration-law.com/
http://timesofindia.indiatimes.com/articleshow/2183334.cms
http://digg.com/politics/Gandhigiri_Green_Card_Hopefuls_to_Send_Flowers
http://www.wikio.com/entertainment/movies/bollywood
http://news.speeple.com/desicritics.org/2007/07/06/green-card-applicants-resort-to-gandhigiri.htm
From uspolitics.einnews.com(This page got deleted recently)
U.S. Citizenship & Immigration Services News - U.S. Politics Today
... changes in US immigration rules are planning to deluge US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez with flowers on July 10. ...
uspolitics.einnews.com/news/uscis - Jul 7, 2007 - Similar pages - Duly noted
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
http://wadias.in/site/arzan/blog/gandhigiri-send-flowers-to-uscis/
http://www.touchdownusa.org/node/11
http://www.bibdaily.com/
http://www.immigration-law.com/
http://timesofindia.indiatimes.com/articleshow/2183334.cms
http://digg.com/politics/Gandhigiri_Green_Card_Hopefuls_to_Send_Flowers
http://www.wikio.com/entertainment/movies/bollywood
http://news.speeple.com/desicritics.org/2007/07/06/green-card-applicants-resort-to-gandhigiri.htm
From uspolitics.einnews.com(This page got deleted recently)
U.S. Citizenship & Immigration Services News - U.S. Politics Today
... changes in US immigration rules are planning to deluge US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez with flowers on July 10. ...
uspolitics.einnews.com/news/uscis - Jul 7, 2007 - Similar pages - Duly noted
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grupak
03-25 09:11 PM
I have sent an email to the id listed on that site (osccrt@usdoj.gov)with emails from Capital One which says they are not in favor of EADs. Will update once I hear back.
Thats great. Thanks for stepping up. Keep us posted.
Thats great. Thanks for stepping up. Keep us posted.
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HV000
08-10 09:45 AM
These are stupid quotes that will only make the situation worse. The real solution is to make the fingerprinting independent of the green card process. There is no point in trying to push for a faster name check in the post 9-11 world, it will be shot down legitimately. We need to make sensible suggestions not demands.
YOU COMPLETELY MISSED THE POINT!!!
YOU COMPLETELY MISSED THE POINT!!!
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pakrish
08-17 10:54 AM
I got my physical card yesterday but the last name is mis-spelled. What do I need to do and also has anyone experienced this? Also any thoughts on how long it will take to fix the name?
Thx
Thx
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gc_aspirant_prasad
07-10 10:29 PM
Well done Dilip Tekkedil! Your quote in the Washington Post article was too good!
Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
Dilip - well said , great idea!
Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
Dilip - well said , great idea!
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singhv_1980
01-28 05:49 PM
I am not too sure of this. Let me try and find out this info.
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PlainSpeak
03-29 11:45 AM
It may not have any impact on EB3 this year...but once the EB2 is cleared it will have an impact on EB3; may be in a year or two.
Not sure i agree with that statement. The way the spillover trickle is reaching EB2 there is no way EB2 will become current for atleast 5 years so impact on EB3 within a year or two is a incorrect statement
Not sure i agree with that statement. The way the spillover trickle is reaching EB2 there is no way EB2 will become current for atleast 5 years so impact on EB3 within a year or two is a incorrect statement
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Lisap
09-11 10:59 PM
Collected from some other forum . Just google search your name combinations ( within quotes ).
For eg. if you have FirstName MiddleName LastName .
The search should be ( put within quotes )
"FirstName MiddleName"
"FirstName LastName"
"MiddleName LastName"
and all the reverse combinations.
If you get hits in 100s or 1000s , yeah you can wait 2 -3 years.
This is observed from the names of Indians.
well this is great news there were no hits for my husbands name and only 1 hit for my name! Hopefully we will be ok and not get stuck in name checks then! Thank you for your response!
For eg. if you have FirstName MiddleName LastName .
The search should be ( put within quotes )
"FirstName MiddleName"
"FirstName LastName"
"MiddleName LastName"
and all the reverse combinations.
If you get hits in 100s or 1000s , yeah you can wait 2 -3 years.
This is observed from the names of Indians.
well this is great news there were no hits for my husbands name and only 1 hit for my name! Hopefully we will be ok and not get stuck in name checks then! Thank you for your response!
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Milind123
01-27 02:40 AM
It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
I would say only this. Get yourself admitted into a hospital and get some oxygen pumped into your freaking brain (sorry, if it sounds harsh, but it is the only way to help you to think clearly). Read the post again, please, I beg you. I wrote the post only because the UK embassy overcharged and did not think it is at all necessary to return the excess amount. Regarding your comment about doing the research, let me tell you, there are �idiots� like me who would rather do something else and leave things to logic and former experience. Ordinary people like me have other things to do in life, like managing their day job, negotiating the daily commute, picking their kids from school, taking them to their extracurricular activities, managing their homework, and other things which only end at 10:00pm. Between all this cacophony, how do you think I should managed a situation when my travel agent call me and gives me 5 minutes to decide if I need to take a flight going through such and such city with all legs confirmed, and that too during the month of Nov-Dec?
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
I would say only this. Get yourself admitted into a hospital and get some oxygen pumped into your freaking brain (sorry, if it sounds harsh, but it is the only way to help you to think clearly). Read the post again, please, I beg you. I wrote the post only because the UK embassy overcharged and did not think it is at all necessary to return the excess amount. Regarding your comment about doing the research, let me tell you, there are �idiots� like me who would rather do something else and leave things to logic and former experience. Ordinary people like me have other things to do in life, like managing their day job, negotiating the daily commute, picking their kids from school, taking them to their extracurricular activities, managing their homework, and other things which only end at 10:00pm. Between all this cacophony, how do you think I should managed a situation when my travel agent call me and gives me 5 minutes to decide if I need to take a flight going through such and such city with all legs confirmed, and that too during the month of Nov-Dec?
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vignesh
09-13 09:50 AM
PD: 22nd March 2006
Opened a SR on 7th Sept and wrote a request to local Congress man.
Approval: 10th Sept
Got a email approval for spouse on 10th Sept ! No changes seen in my status online but I got a response for my SR request that my case is also approved on 10th Sept, the email from SR came on 10th Sept.
Till date no changes to my status online but when you call the USCIS toll free number, I do here my case is approved on 10th Sept.
Just sharing my experience and thanks to Immigration voice forum.
Opened a SR on 7th Sept and wrote a request to local Congress man.
Approval: 10th Sept
Got a email approval for spouse on 10th Sept ! No changes seen in my status online but I got a response for my SR request that my case is also approved on 10th Sept, the email from SR came on 10th Sept.
Till date no changes to my status online but when you call the USCIS toll free number, I do here my case is approved on 10th Sept.
Just sharing my experience and thanks to Immigration voice forum.
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vinabath
07-10 12:51 PM
Well, Me being a devils advocate I will agree with you. Because I recently saw Gandhi movie. Gandhi took 50+ years being the citizen of the country. Some people think that is very slow. Some think thats the most effective strategy. So from your perspective its waste of money and time as there are no quick returns.
Vinabath i do NOT expect the nation to put Legal Immigration before the IRAQ WAR. Ofcourse I do not expect that. What I am trying to point out is that this is going to be a LONG LONG ongoing issue and if not the war, there will be OTHER issues like the presedential elections etc.
On another note, the US is a capitalistic economy. If you are not selfish, ur a nice guy and nice guys finish LAST.
Vinabath i do NOT expect the nation to put Legal Immigration before the IRAQ WAR. Ofcourse I do not expect that. What I am trying to point out is that this is going to be a LONG LONG ongoing issue and if not the war, there will be OTHER issues like the presedential elections etc.
On another note, the US is a capitalistic economy. If you are not selfish, ur a nice guy and nice guys finish LAST.
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darslee
07-10 11:37 PM
Wow! I am so happy that the flowers brought such joy! And we made our point.
jags_e
07-09 08:11 PM
There is achance that the TV hosts may take us seriously.
Also, If we believe in Gandhian way, we shouldn't care...
No publicity is bad publicity... and I doubt the talk show hosts would poke fun at us for this creative form of protest.
jazz
Also, If we believe in Gandhian way, we shouldn't care...
No publicity is bad publicity... and I doubt the talk show hosts would poke fun at us for this creative form of protest.
jazz
waiting4gc02
05-15 12:48 PM
I know most of the ppl file EAD and AP along with I-485, but is it possible to file EAD and AP at a later time and not with I-485.
I know it's a stupid idea but just curious whether we can do that or not?
Also is the filing of EAD and AP also ties with your PD being current ?
Thanks
I know it's a stupid idea but just curious whether we can do that or not?
Also is the filing of EAD and AP also ties with your PD being current ?
Thanks
