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  • abhis0
    09-15 11:59 AM
    90 days...

    Btw, I've got mine I-485 receipt at Sept 13th, filed with NSC and was received by well known J. Barrett at 10-25 of July 2nd.

    Did you have LUD on your I 140?





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  • HV000
    08-06 08:49 AM
    As a result the applicants will be denied EAD and H1B extensions, rather than
    fixing the lengthy name check issues.

    Why would you say EAD and H1B will be denied??





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  • whitecollarslave
    04-17 06:26 PM
    8 USC 1324b
    (a)(1) General rule
    It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
    (A) because of such individual’s national origin, or
    (B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.

    (3) “Protected individual” defined
    As used in paragraph (1), the term “protected individual” means an individual who—
    (A) is a citizen or national of the United States, or
    (B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;

    (4) Additional exception providing right to prefer equally qualified citizens
    Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.

    So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.

    I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.

    If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.





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  • man-woman-and-gc
    01-14 08:07 PM
    People got used to Drive through mentality.
    Send me some of those request you receive, I can write and post for those lazy fellos :mad:

    Thanks....let's spread the word, that now we have additional service free of cost for writing letters on behalf of people who cannot find enough time/energy/motivation to make use of this wonderful opportunity to make themselves heard to the highest authority in the country.

    Just fill in the blanks on one of the templates and send me your Name and address, I will write the letter and send it either to you for signing and mailing in a pre-stamped envelope, or send it unsigned to Whitehouse with just your name on it.



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  • conchshell
    07-11 11:42 PM
    Dainik Bhaskar:
    http://70.87.69.50/DainikBhaskar/artMailDisp.aspx?article=12_07_2007_001_023&typ=1&pub=587





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  • gc_nebraska
    08-13 04:49 AM
    hi,

    just wanted to see if anyone who is in a similar situation as me but is current got their GC recently, in july or aug 2010.
    I got married in june 2007, just prior to the july fiasco. I was able to file for AoS in july 2007,
    and soon after got an RFE for evidence of marriage for my wife. We responded to the RFE immediately, and since then, my case status says "initial review" while hers says "we received your response to the RFE", dated sep 2008.

    I will be current next month - just wondering whether the RFE processing might end up taking a lot of time and thus spill over into next FYs visa bulletins (which have a small chance of retrogressing back by a few months presumably).

    Has anyone who received their GC in the past few weeks been in a similar situation with status shown as "received response to your RFE" but no updates since....and still gotten their GC soon after their dates became current?

    any data points will be helpful.
    thanks,
    -fb
    Hi Foobar ,Mine is excatly the same case as yours , as of this month iam current so far no luck but will let you know with any updates .. good luck .



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  • l1fraud
    06-14 07:55 PM
    The OP is great. He has created a new id to discuss L1 fraud. Will he be creating one id per issue... recapture, H1B abuse, outsourcing, backlogs?? wow!!!
    Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.

    In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.

    Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.

    Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).

    Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.

    We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.





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  • pat123
    10-01 12:07 PM
    cut to short the message is for myself---we are still waiting for the visa number and for mywife ---case is under review. hope to wait and see????

    If your Notice date is in Sept 2007, we need to wait for our turn. Look for the NOTICE DATE on your 485 application.



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  • nish
    06-12 06:36 PM
    Thanks for your reply.

    They have not specified anything like my prior company is fake in any of the communication email.They are asking me come back because they find something wrong about my prior company after four year and i am not able to provide more evidence.During four year i worked in 10 to 15 project for diff client and for each project first they did BG and put me in project.Now they are asking me that provide some more evidence or come back to offshore.
    I know if i come back to india they will give me layoff from company.In this situation how do i fight with my company.

    Please any of guide me if any of member come across in this situation





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  • shouldIwait
    05-10 05:37 PM
    Few responses to Mr. Hunter.

    I'm not blind to stereotyping in this forum or elsewhere. It's not you vs. them kinda thing. You ARE stereotyping based upon some TRUE things but it is still stereotyping, isn't it.

    Also, you understood some of my comments wrong. All I was saying is that due to big ISV's like TCS/INFY/WIPRO and mushrooms of bodyshops the actual worker gets pennies on a dollar and they keep the booty. So it's not the worker who causes wage depression it's the circumvention of the spirit of law that these companies do which causes it. I say "spirit of law" because they still stay within the legal framework. As far as offshoring is concerned it's a big discussion in itself and forces of capitalism and globalization are at work. None of us can prevent that but we can counter it by moving up in the value chain.

    The scenario you described about modus operandi of big Indian ISV's is 100% correct but to generally imply that Indians are 1/5th as good as Americans when it comes to IT (50 member team vs. 10-12 member team) is a supremacist attitude and completely untrue.
    It is true that the Indian counterparts are usually of much younger age but rarely substandard for the job. Companies realize that IT is no-longer considered rocket-science and they can save a few bucks. Try to think objectively keeping personal impact aside.

    Now regarding overall economic input of immigrants there are issues broader and larger than you mentioned. Some of the smaller points you mentioned are true but you are completely missing the big picture. We can discuss that in a different thread :)

    When Bill Gates says best-and-brightest it applies to individuals and not a VISA category, he's not lying. Among the 65K every year you'll find people from all skill levels, cream-of-the-cream to just-about-ok, and a few rotten-apples too. The immigration system is not designed to test skill level. Overall it's old, irrelevant and doesn't help anyone. It needs to be re-designed but unfortunately people are divided on fake lines and ignore the real issues or rather real solutions.

    Although you have said it differently but you are right that solution to mine and your problems lie at the same spot, a modern, common-sense, immigration system that promotes best-and-the-brightest (Indian and American) and discourages exploitation.



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  • unseenguy
    06-16 12:55 AM
    Dude are you kidding me ... I am reporting a violation/fraud and I should hold my head down?? what kind of moral/ethical values you have.. I am keeping my head up (may be an inch or 2 higher than last 3 weeks) as my project manager and director (middle management ) fully supports me in this crusade. Most of the cases, upper management decides to replace all the local contractors with these outsourcing firms and once the contract is signed these companies dump all their L1 resources to projects and middle management who deals directly with the resources has minimal say in the process.

    Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
    'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...

    I am not supporting any fraud, but what I said is, if you find workplace discrimination and contact a career guide, they ask you to find another job. Most sincere career guides will not support lawsuits or retaliation against employer unless you are not in a position to find other work. Even read career sites for women and advice, even in cases of sexual harrassment, they ask the victim to move on as a sensible thing to do, because in the end the company will somehow make the victim lose her job. There have been 1000s of USC Vs USC cases. I am not supporting any fraud but what I am saying is retaliation leaves bad taste in the mouth and world is a small place. For larger good of your rest of career best thing to do is move on.

    Only some crooked lawyer who wants money will tell you, you are doing the right thing.





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  • ramus
    06-29 08:10 PM
    Core members:

    Do you have any thoughts on this? Should we get ready for law suit and help AILA with this?
    Please comment?





    Damn this sucking life man, no social life, no career life, no nothing life. Even animals must be living a better and meaningful life. It sucks big time, did it ever happen in history that uscis revised a visa bulletin on the day it is supposed to go into effect ....

    We must fill their mailbox guys, let tham know this cannot be accepted.

    uscis.webmaster@dhs.gov

    National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)



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  • gc_chahiye
    01-25 04:46 PM
    I have flown lot of airlines ..I was in merchant navy before.

    are'nt you supposed to go in boats and ships when you are in the navy? :D





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  • jingi1234
    01-20 06:52 PM
    I called the department of state, visa's section to enquire about this PIMS verification. They said that KCC handles it. When I called KCC they said they cannot check ahead of time :mad:


    Folks who had delays in getting H1b stamped due to the PIMS system:

    Can you look at your I-797 and see if there was an A number (something like A123 456 789) mentioned under the "Beneficiary" box?

    I have A number ...I think that signifies AOS number or something...

    What is your point?



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  • indianabacklog
    06-18 07:28 AM
    Hi

    I have a question regarding g28 , did u file this form when you did it yourself ..

    can an attorney file g28 later on if there is a RFE , who else can file g28
    Did not file this form since I prepared all the forms personally. I believe this is only needed if a lawyer files for you.





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  • GT7481
    09-09 07:23 PM
    Finished calling the congressmen/congresswoman got answers ditto as prasad

    :D



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  • shantanup
    09-22 07:26 AM
    Is IV switching sides now?

    Let me give you an example and you would understand my point. USCIS Customer Services Directorate received 16 million calls from the public and 300,000 from Members of Congress. Add to it, all other items people do to get attention for their case and think that by sending an email or a phone call from Senator or by a lawyer, the officer will realize his mistake and quickly open the file and approve it. If you look at the responses people post to their inquiries, you would see that most responses are standard. USCIS is not just approving 140K greencards but more than a million greencards, hundreds of thousands of H1 and other visa types, EADs etc...every year. Greencards do not get issued on the day date gets current. It is not a automatic process. There is lot of human work involved and many people do not understand that or spend time understanding it. They would rather waste their time either on useless task of tracking or calling customer service every single day.





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  • sundarpn
    01-28 10:15 AM
    Finally received my passport this morning. Consulate sent it to VFS on Friday and I received it today through Blue Dart.

    Int Date: Dec 17, 2007 @ Chennai Consulate
    PP Rec. Date: Jan 28, 2008

    what was the approval date on ur h1b and what uscis center approved it? thanks





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  • pappu
    11-19 07:55 PM
    This is the reply from Attorney Murthy on a question asked on Murthy chat about filing two employment based I-485's for the same beneficiary (not the husband/wife situation).


    "Generally it is safer not to file 2 separate 485s since it can confuse USCIS since they may assign two separate Alien or A numbers to the same person. This could end up delaying the person's I-485 approval down the road or create a security delay in many cases with multiple I-485s generally we recommend one case to be filed as an AOS and the other for CP if possible."


    After much research on this, I tend to agree with this answer above (not the CP part though). As per my latest information from a lawyer who does multiple filings, the processing delay can be significant due to this. Looking back, wish our community had more information on this and more real examples of people who have done it. It would have helped members who were unsure if they should do multiple filings.

    Anyways this thread will be useful for future I485 filers.





    Milind123
    01-24 11:59 AM
    I personally do not travel through a country that are biased and requires a transit visa for specific countries only. If you think about it, most of the international flights are full of us, Indians. If everybody (including Indians with GCs, that do not require a transit visa) start boycotting such airlines/country transits, then they will have to change this policy.

    As I said before, I am never going to fly thru UK, even though I sill have a transit visa valid till Nov 2008. I can still feel the pain.





    akred
    01-25 11:29 PM
    Check out the link to the p0rn website here. If they think this is going to attract customers, they are seriously mistaken.

    http://eventsuk.britishairways.com/sisp/index.htm?fx=event&event_id=34348



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