optimystic
03-26 02:04 PM
Just a silly question popped up in my mind...
Doesn't DOL have a directive telling employers, they have to try to recruit US Citizens first, and only if they do not find properly qualified US Citizens they can go on to search for people having 'other work authorizations' . Isn't that the whole basis for the approval of our Labor certifications in the first place???
So can the employers not use that directive as a legal loophole and try to prescreen the candidates and ask them whether they are US Citizens or GC or EAD or H1 and so on... as a hidden ploy to figure out whether you are GC or EAD while externally they can still put on a facade that they are just strictly following the legal directives that DOL has laid out?
Doesn't this 'Try to hire US Citizens first' policy of DOL in total contradiction with the I9 statement of 'no discrimination based on work authorization' ???? I am a bit confused here :confused:
Doesn't DOL have a directive telling employers, they have to try to recruit US Citizens first, and only if they do not find properly qualified US Citizens they can go on to search for people having 'other work authorizations' . Isn't that the whole basis for the approval of our Labor certifications in the first place???
So can the employers not use that directive as a legal loophole and try to prescreen the candidates and ask them whether they are US Citizens or GC or EAD or H1 and so on... as a hidden ploy to figure out whether you are GC or EAD while externally they can still put on a facade that they are just strictly following the legal directives that DOL has laid out?
Doesn't this 'Try to hire US Citizens first' policy of DOL in total contradiction with the I9 statement of 'no discrimination based on work authorization' ???? I am a bit confused here :confused:
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ilwaiting
06-29 05:41 PM
Conspiracy? DOS is part of bush administration. And since the president is dissapointed because of CIR. He wants a back lash from immigrant community?
It is going to be true. otherwise mathew wont shut down his work and post that AILF is going file law suit.
I am suspecting that they made current because of lobby made by some big heads inorder to get support to pass the immigration bill.
Since the immigration bill failed, DOS is going back to retrogression.
It is going to be true. otherwise mathew wont shut down his work and post that AILF is going file law suit.
I am suspecting that they made current because of lobby made by some big heads inorder to get support to pass the immigration bill.
Since the immigration bill failed, DOS is going back to retrogression.
gc_on_demand
04-01 01:21 PM
I would not trust the lawyers in any of this, because their analysis will be superficial and not even close compared to what we see here. We have around 4-5 different folks here doing some really good sound analysis, so unless it's a lawyer known to historically make accurate predictions, I wouldn't care less about their say.
Lawyer is sharing info that some of their client have got fee invoice from NVC. I have done family based application through NVC for my parents and I know you get fees invoice almost 4 months prior to your GC interview date. So lawyer is thinking that NVC is thinking to go upto Nov 2007 in case if CIS fails to act on enough cases in last months.
Lawyer is sharing info that some of their client have got fee invoice from NVC. I have done family based application through NVC for my parents and I know you get fees invoice almost 4 months prior to your GC interview date. So lawyer is thinking that NVC is thinking to go upto Nov 2007 in case if CIS fails to act on enough cases in last months.
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vxg
08-24 03:52 PM
It will not work in case of power failure unless you have UPS back up for your modem. You will need standard landline to work with Brinks. I would advise to get cellular backup and make that number is first number to call in case of a break in. Burglars generally cut phone line when they become aware of security system. There have been some complaints where security companies just called the landline and since you didn't answer they left a voicemail. Logically they are suppose to all cops.
I have a cell backup and Brinks has called my cell when no one answered home phone. So if there is a power failure, the system may not send and alarm to Brinks when a break in occurs not sure? Does it uses a phone line to send the alarm to Brinks etc?
How is the call quality when you are using internet heavily for downloading?
I have a cell backup and Brinks has called my cell when no one answered home phone. So if there is a power failure, the system may not send and alarm to Brinks when a break in occurs not sure? Does it uses a phone line to send the alarm to Brinks etc?
How is the call quality when you are using internet heavily for downloading?
more...
nishant81
11-06 03:02 PM
If they were submitted on 8/30/ and it's not cleared yet and your derivatives are cleared then more than likely you are stucked, there is some probability that you might be cleared in few weeks depending on number of hits generated against your name and avaialibility of the documents needed to be refered by fbi to clear you. However you dont need to worry much because now a days fbi seems to getting work lot faster then it used to. Also since july fbi has increased the fees that they charge USCIS to do the check which has increased the staff at NNCP and so the efficiency. I would suggest for you to wait 60 days and try again. Hopefully you have good news. I have been waiting 35 months.
obviously
07-09 06:41 PM
IV Core - Urge you to publish a PRESS RELEASE tomorrow to build upon the current message.
Thank the Director for acknowledging the grassroots democractic process currently underway. Acknowledge your genuine happiness that these flowers will find a new home where they will cheer up and provide company to young men and women who are preserving and protecting great ideals of democracy. This is a clarion call to keep the pain and frustration of high skilled legal immigrants in mind when formulating and executing aspects of legislation and public policy for legal immigration.
Thank the Director for acknowledging the grassroots democractic process currently underway. Acknowledge your genuine happiness that these flowers will find a new home where they will cheer up and provide company to young men and women who are preserving and protecting great ideals of democracy. This is a clarion call to keep the pain and frustration of high skilled legal immigrants in mind when formulating and executing aspects of legislation and public policy for legal immigration.
more...
dalssunil
09-19 08:57 PM
Dear dreamworld,
First of all thanks a lot for your reply and i further have some question if you could please help me understand that. the situations is that I have given my New I140 (EB2) to my lawyer and all he did was took a copy of my I485 receipt notice and said he will send that to USCIS. My PD on EB3 is Feb. 2003, how would I come to know if my EB3 PD was ported to EB2 by that I mean to how I would come to know if my I485 was ported to EB2 and still have PD of Feb 2003...
Thanks In advance�
First of all thanks a lot for your reply and i further have some question if you could please help me understand that. the situations is that I have given my New I140 (EB2) to my lawyer and all he did was took a copy of my I485 receipt notice and said he will send that to USCIS. My PD on EB3 is Feb. 2003, how would I come to know if my EB3 PD was ported to EB2 by that I mean to how I would come to know if my I485 was ported to EB2 and still have PD of Feb 2003...
Thanks In advance�
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Dhundhun
10-02 04:09 PM
USCIS has become efficient, by this time all (or most) of the EB2-I visa might have gone. I am wondering any 2005 approvals?
Basically this would give some idea, what to expect in Nov.
Basically this would give some idea, what to expect in Nov.
more...
diqingshen
06-29 03:55 PM
I am not a member.
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logiclife
07-09 07:01 PM
Everyone, please use this thread for directions and SEND FLOWERS NOW (http://immigrationvoice.org/forum/showthread.php?t=6191)if you havent already done that.
The more the number, the more the media attention. Trust, me, the more media attention this gets, the more likely are chances of getting heard in congress.
The objective here was never to melt Gonzalez's heart with flowers. The media attention is precious and only YOU CAN MAKE A DIFFERENCE by sending flowers.
http://immigrationvoice.org/forum/showthread.php?t=6191
The more the number, the more the media attention. Trust, me, the more media attention this gets, the more likely are chances of getting heard in congress.
The objective here was never to melt Gonzalez's heart with flowers. The media attention is precious and only YOU CAN MAKE A DIFFERENCE by sending flowers.
http://immigrationvoice.org/forum/showthread.php?t=6191
more...
srgadi
09-25 02:57 PM
I have had couple of LUDs on my cases (9/10 and 9/13) and nothing after that. The last time I gave my fingerprints were in Jan 2009, so I am sure they have expired. Should I proactively get the biometrics done (by taking an infopass and requesting biometrics notice) or wait for them to send me the notice?
Not sure if this will help if I open up an SR or take an infopass. Anyone got their 485 approved while their biometrics were expired?
My lawyer received a letter from USCIS asking for verification of employment and whether the position is still available and being offered to me. Once they respond, hopefully the approval will come through.
Not sure if this will help if I open up an SR or take an infopass. Anyone got their 485 approved while their biometrics were expired?
My lawyer received a letter from USCIS asking for verification of employment and whether the position is still available and being offered to me. Once they respond, hopefully the approval will come through.
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ivar
08-20 11:21 AM
Dude, Are you joking.... Is there a link or something u can pass on... Dont be a DH....
BR,
Karthik
Karthik,
what is DH....? means
go to www.vonage.com and click on plans
BR,
Karthik
Karthik,
what is DH....? means
go to www.vonage.com and click on plans
more...
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puddonhead
08-28 11:55 PM
My point is not everyone wud then leave Vonage and move to another service , thats how Vonage wud gain, again are u sure u read the complete fine print :P
Look up Bait and Switch (http://en.wikipedia.org/wiki/Bait_and_switch). If vonage intends to suddenly switch their offerings after gaining customers through misleading ad - then it fits the definition of Bait and Switch - which is clearly illegal in US.
So even if you leave aside the bad reputation from such a maneuver (which, in itself would be huge since their target consumer base is clearly immigrants - most of whom are savvy consumers) - Vonage may stand to lose a lot from legal fees and penalties if they try to pull such a trick. Class actions are not fun in US.
Look up Bait and Switch (http://en.wikipedia.org/wiki/Bait_and_switch). If vonage intends to suddenly switch their offerings after gaining customers through misleading ad - then it fits the definition of Bait and Switch - which is clearly illegal in US.
So even if you leave aside the bad reputation from such a maneuver (which, in itself would be huge since their target consumer base is clearly immigrants - most of whom are savvy consumers) - Vonage may stand to lose a lot from legal fees and penalties if they try to pull such a trick. Class actions are not fun in US.
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logiclife
06-18 12:03 PM
W2's/tax returns are not part of the initial evidence USCIS requires to process your application but they may ask for it later if required
A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.
Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.
Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.
Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.
So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).
A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.
Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.
Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.
Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.
So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).
more...
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akred
01-24 04:43 PM
last i checked - there are plenty of flights between JFK/Newark and all major cities including Boston.
also - all airlines work on a hub and spoke arrangement
+1.
One thing to realise is that direct point to point flights will take a while, and even then there is no guarantee that you will want to fly it because it may not be economical or convienient.
And the absence of point-to-point flights has more to do with the airlines following a hub and spoke model than with any government restrictions. Point to point flights were identified as a core part of Boeing's product strategy only recently. The situation should improve over the next few years as airlines take delivery of new models, but until then we are stuck with the hub and spoke arrangement.
We were very satisified with Continental even though we flew Seattle->Newark->Mumbai.
also - all airlines work on a hub and spoke arrangement
+1.
One thing to realise is that direct point to point flights will take a while, and even then there is no guarantee that you will want to fly it because it may not be economical or convienient.
And the absence of point-to-point flights has more to do with the airlines following a hub and spoke model than with any government restrictions. Point to point flights were identified as a core part of Boeing's product strategy only recently. The situation should improve over the next few years as airlines take delivery of new models, but until then we are stuck with the hub and spoke arrangement.
We were very satisified with Continental even though we flew Seattle->Newark->Mumbai.
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mohican
01-13 04:01 PM
I assume others have got this too...please share next steps. I assume MTR is one of them. I have attached the jpeg file.
What happens after sending letters to the ombudsman?
Is it necessary to have MTR before sending to ombudsman?
Mohican
What happens after sending letters to the ombudsman?
Is it necessary to have MTR before sending to ombudsman?
Mohican
more...
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chanduv23
01-14 10:15 PM
I've sent the letters to the WH and IV. Hoping for the best.
I, however, have some questions for the senior members of the IV team. Especially for the ones who are active in the lobbying efforts in Congress and the White House. How realistic are the chances for Green card visa numbers relief, even for the longer term? It seems like there are immigrants from 2 countries - India and China who are adversely effected by the low visa numbers. If one is an immigrant for any other part of the world, it actually isnt that hard to get a Green Card thru employer sponsorship. That being the case, do you think Washington would consider this an issue that needs expedient resolution or for that matter an issue that needs a resolution at all?
Dont want to sound like a downer in this inspiring thread, but at the same time, any answers to my question will be greatly appreciated.
In this highly charged anti immigration environment, chances for direct relief could be 50 50. That said, it is possible that the administration is looking seriously into fixing issues in some form or the other.
We MUST keep trying and never lose hope.
I, however, have some questions for the senior members of the IV team. Especially for the ones who are active in the lobbying efforts in Congress and the White House. How realistic are the chances for Green card visa numbers relief, even for the longer term? It seems like there are immigrants from 2 countries - India and China who are adversely effected by the low visa numbers. If one is an immigrant for any other part of the world, it actually isnt that hard to get a Green Card thru employer sponsorship. That being the case, do you think Washington would consider this an issue that needs expedient resolution or for that matter an issue that needs a resolution at all?
Dont want to sound like a downer in this inspiring thread, but at the same time, any answers to my question will be greatly appreciated.
In this highly charged anti immigration environment, chances for direct relief could be 50 50. That said, it is possible that the administration is looking seriously into fixing issues in some form or the other.
We MUST keep trying and never lose hope.
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gans
09-24 05:41 PM
Are we missing another important information in the calculations here? Taken from the visa bulletin - "2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."
For example, in the case of India, there cannot be more than 25620 [7%(226000+140000)] + 7320 [2%(226000+140000)] = 32940 green cards/year (excepting the spill-overs) inclusive of family and employment based categories (and their different quotas).
I guess, unless we get the numbers for family-based applications, similar to EB-485 that has just been released, the conclusions are based on approximations and assumptions, although I wish to point out how much I have learned and appreciate all the analysis here.
Because, if there can only be 32940 green cards for all people (family + employment) from India in a particular year(excepting the spill-overs), the employment-based green cards alone are 1960(EB4) + 1960(EB5) + 8008(EB1) + 8008(EB2) + 8008(EB3) = 27944. Does it mean that there are only 32940-27944=4996 family based green cards for India/year (excepting the spill-overs)? And also, I believe that family-based has a higher priority than employment-based as a result of which the spill-overs are larger for the former.
Does anyone seem to agree with me?
For example, in the case of India, there cannot be more than 25620 [7%(226000+140000)] + 7320 [2%(226000+140000)] = 32940 green cards/year (excepting the spill-overs) inclusive of family and employment based categories (and their different quotas).
I guess, unless we get the numbers for family-based applications, similar to EB-485 that has just been released, the conclusions are based on approximations and assumptions, although I wish to point out how much I have learned and appreciate all the analysis here.
Because, if there can only be 32940 green cards for all people (family + employment) from India in a particular year(excepting the spill-overs), the employment-based green cards alone are 1960(EB4) + 1960(EB5) + 8008(EB1) + 8008(EB2) + 8008(EB3) = 27944. Does it mean that there are only 32940-27944=4996 family based green cards for India/year (excepting the spill-overs)? And also, I believe that family-based has a higher priority than employment-based as a result of which the spill-overs are larger for the former.
Does anyone seem to agree with me?
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diptam
08-07 12:44 PM
These 2 folks SunnySurya and Rolling_flood attacked me with RED points because i said the truth on the other thread of "Lawsuit for Porting/Interfiling". Though i least care if someone anonymous gives me Red points but i'm worried about them.....
This is what i wrote in that post which was attacked , what's wrong in it ... Try to digest the truth SunnySurya and Rolling_flood - you can't scare folks like by words of Lawsuit....
............
Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)
If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC
..........
All,
Lets do another flower campaign to wish get well soon to SunnySurya and Rooling_flood. Get well soon Mamu...
This is what i wrote in that post which was attacked , what's wrong in it ... Try to digest the truth SunnySurya and Rolling_flood - you can't scare folks like by words of Lawsuit....
............
Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)
If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC
..........
All,
Lets do another flower campaign to wish get well soon to SunnySurya and Rooling_flood. Get well soon Mamu...
vdlrao
03-29 06:08 PM
Based on your calculations , Experts, please let us know what to expect, if 12000 GC are released for EB2. Where will the cutoff come and stop..
Can you please post that link that shows how many are waiting year-wise.
12000 GCs for EB2 India and China means, with out any doubt it fetches 5 months forward movement.
But at present scenario EB2 China is at 22JUL06 and Eb2 India is at 08 May 2006.
On an average EB2 India has a demand of 1.5k per month.
EB2 China has a demand of 700 per month.
So the EB2 India moves 7 months ahead where as China moves 4 months ahead.
So both EB2 India and China will have the same Cut Off dates and it would/might be: May + 7 Months = December 2006 .
This is my assumtion.
.
Can you please post that link that shows how many are waiting year-wise.
12000 GCs for EB2 India and China means, with out any doubt it fetches 5 months forward movement.
But at present scenario EB2 China is at 22JUL06 and Eb2 India is at 08 May 2006.
On an average EB2 India has a demand of 1.5k per month.
EB2 China has a demand of 700 per month.
So the EB2 India moves 7 months ahead where as China moves 4 months ahead.
So both EB2 India and China will have the same Cut Off dates and it would/might be: May + 7 Months = December 2006 .
This is my assumtion.
.
CADude
10-12 03:20 PM
My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
