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  • justin150377
    07-09 08:48 PM
    Imagine how insulted the soldiers will feel when they read the cards/notes with the flowers...they won't be pleased they were caught in the middle of a controversy. They have enough to deal with already. This will make the government look even worse.

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  • americandesi
    03-26 02:53 PM
    I was thinking exactly like you until she educated me on this yesterday.

    The problem with the EAD is you are invoking AC21. There are several possible problems here including

    1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.

    2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.

    There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.

    So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.

    Agreed. But EAD doesn’t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it’s a waste of time/money for the company to consult with the legal department.

    I believe it’s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.

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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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  • immi2006
    10-21 11:52 PM
    I filed for my wife ( I have a Unique A # and so does my wife A#)

    My WIFE filed a seperate 485 with her 140 for herself. Her A # here matches the previous step. We did it so that my name did not appear in both so there will be less chances for a cancellation. I will do follow to join incase my wife applns goes faster

    We applied AP and EAD for both of us, using my Application.


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  • EkAurAaya
    07-13 09:54 PM
    We can get all his transcripts here

    Just do a search of h1 and you will know when has he discussed h1b

    I just picked the first one and i'm freaking mad already, comments in red below

    (COMMERCIAL BREAK) DOBBS: The Senate's grand compromise could dramatically increase the number of H1-B visas from 65,000 to 180,000. It would also expand the number of exemptions to those limits. It's a bill that favors, by a wide margin, corporate America and further -- further disadvantages American workers.

    Bill Tucker has our report.


    BILL TUCKER, CNN CORRESPONDENT (voice-over): All H1-B visa workers do not look like this. Some even look like this. Most do work at technology companies, based on the latest data available from the government, data which is incomplete but revealing, nonetheless.

    Five of the top six employers of H1-B visa workers in 2006 were Indian companies. They were issued 18,453 visas. In total, almost 20,000 visas issued in 2006 went to Indian outsourcing companies, and the data shows it was not American workers who benefited but foreign workers.

    JOHN MIANO, ATTORNEY: According to the Bureau of Labor Statistics, between 2000 and 2005, the United States' employment for computer workers grew by about 332,000.

    During the same time period, the United States imported about 330,000 H1-B workers for computer occupations.

    TUCKER: The situation for engineers was even worse, with 95,000 H1-B visas issued in the same period for engineering, yet according to the Department of Labor, engineering jobs shrank by almost 124,000 jobs.

    The visa is often referred to as being for the brightest and the best. But, the visa is broken up into four levels of classifications, with levels 1 and 2 being the lowest-skilled positions, and 87 percent of the visas went to those categories. WTF is he talking about 1 and 2? how can bachelors required masters required be lowest skilled positions?

    RON HIRA, ROCHESTER INSTITUTE OF TECHNOLOGY: We really don't know whether those workers are working at level one. We know that they're being paid level one wages.

    And what's interesting, at level one is if you look at the description of it, it's basically for interns, for people who have zero experience. From what I know H1 cannot be granted with Zero experience Am i missing something????

    TUCKER: No one knows how many H1-B workers there are currently in the country or where they are.Each and every one is traceable based on employers address, again fudging the facts

    DOBBS: ... have gone by before providing even the summary information.

    But to just put this in some perspective, what we're really reporting here is that the H1-B visa program, which by the way, we should point out Bill Gates, the world's wealthiest man, who is not exactly without a stake in this issue, sat before Senator Kennedy in a one-man hearing and said he wants unlimited visas.

    The fact is we don't know who has the visas. you know that there are 330k visa issued, this itself means that USCIS knows who has the visas
    We do know that Indian companies who are outsourcing the -- to American companies rather than providing the American jobs are the principle beneficiaries of those, and that most of those jobs are low-skill jobs, are being paid at intern levels.Again fudging the facts, everyone has to be paid prevailing wages

    I guess we should say in the case of category one. How in the world can the United States Congress, with this information in front of all of us, sit there or stand there on the Senate floor with straight faces and talk about this issue without any basis for their positions?

    TUCKER: I guess they're just blinded by the corporate donations, Lou. Money from the high-tech companies is the only answer I can think of.

    DOBBS: The American worker. And where is AFL-CIO? Where in the world are all the labor organizations in this country, who should be standing up and demanding that the American worker not lose his and her rights that have been so hard fought for and won over the course of the past century? It is mind-boggling to me.His final notes or propaganda after fudging the facts to provoke and anger citizens who just saw the bs report

    Bill Tucker, thank you very much.

    And we'll continue to put the facts before not only this audience but even the recalcitrant legislators who represent us all in Washington, D.C.

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  • QB_man
    02-12 02:22 PM
    Chennai , Jan 27th, H1B renewal (applied in early 2006) still waiting..

    by the way those who got the pp back did you get an apology? or did our friends from the other time zone certify that you have been closely examined and are not a fraud/threat?

    Well, I guess what they want us to do is not worry about all this stuff .. just take 50/100 jobs and not come back :) im fine with that just let me know..


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  • pat123
    10-05 02:24 PM
    At last, after 10.5 years, 4 employers, 2 Labor filings, 1 Perm and 2 -I 140 (One from my employer and one from my spouse employer),1 - I485 filing, 2 SR, 1 senator request, 1 infopass - Got the mail - CARD PRODUCTION ORDERED for self, spouse and son.
    What to do now? I dont know, for the last many years, used to think everyday about this 'CARD' and now nothing else to think about. May be, I should start thinnking about ????
    But for now, Just going to relax and savor the moment.

    Thanks for all the Guys, Gurus, Seniors, Juniors and all who contributed to the various discussions. I am pretty sure that I cannot stop logging to this website even I got my 'Card'. I will try to help you guys in some way or the other.

    My priority date : April 25 2006 Eb2
    Received date: Aug 08 2007
    Notice date: Sep 19 2007
    I485 Approval date : Oct 4 2010

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  • rangaswamy
    06-29 07:50 PM
    Im signing off the web page for the rest of the weekend.. im going to leave my brains behind and go watch Sivaji.

    Lets see what Monday has to offer us. :)


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  • GCwaitforever
    03-26 11:05 AM
    Always complain, even if there is no hard proof. The companies may not tell you on your face that they do not hire EADs. But the hiring manager or recruiter must be acting on a policy made elsewhere in the company, directed by some higher-up officials. It will be written somewhere. In that case, OSC can ask for archived e-mails, and phone conversations for a record of discrimination. If discrimination is proved, company is liable for fines, and the higher-up official is sacked. If there is no official communication, the company can claim that the hiring manager or recruiter is acting on his/her own and it is not the company policy. Then the hiring manager or recruiter is fired and the company pledges to enforce the rules strictly. Always a positive outcome for us.

    Complain to EEOC also in addition to OSC. Double the pressure on the erring company and you would see quick results.

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  • SunnySurya
    08-07 06:17 AM
    If you already have applied in EB2 you won't be affected.
    If you have a Masters you won't be affected.
    SunnySurya, Flood,

    I see that you guys didnt join IV until 2008. So, you know very less about this org. The people who only can think for their own wont come to join you at any stage, it was proven many times. They will just keep writing messages here and use valuable information on the forum.

    I am EB2/Masters/PD Nov 2004. I do not not support your idea. I loose patience at times, but not to the extent of effecting other peoples chances. I know quite a few of my freinds who had masters, their corporate employers applied in EB3, none of them are trying to do conversion. But, i feel their pain.


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  • 485Mbe4001
    09-29 12:27 PM
    I understand your point of view, I used to work in solar energy. When i completed my post graduation most of the jobs required a USC (this was 10 yrs ago). I had to switch to software related jobs.

    For me the number one priority is how Obama will handle the Skilled immigration issues. will he guided by Sen Dick Durbin, who at the moment seems to be his policy wonk. That will be a disaster for us. They have no intension of supporting skilled immigrants. We will will have to make some serious decisions if he is elected.

    How many of us want to continue to stay in limbo...i dont.

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  • Alabaman
    04-24 05:10 PM
    "Provide safeguards for visa holders so they know their rights under the law. This would include wage rates and access to benefits."

    What benefits are they talking about here?? As far as I am concerned, H1B visa holders have to no benefits... we pay SS taxes, federal taxes, Medicaid, state etc. As soon as we loose our jobs we are told we have a couple of days to leave the country - even when we have been here for years. What an inhumane way to treat a tax payer.


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  • whitecollarslave
    03-26 01:04 PM
    Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)

    I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.

    Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.

    Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?

    Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).

    You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.

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  • Sandeep
    02-17 02:15 PM
    reply from john miller

    Dear Sir,

    Many thanks for your interesting email, which I forwarded to a colleague based in the United States.

    I understand it must be hard for somebody in your situation. But anecdotal evidence and statistics suggest that however hard life is for immigrants in the United States, it's even harder for immigrants in Europe.

    Thanks again,

    John Miller.

    What if I say that my anecdotal evidence does not support his anecdotal evidence? Anyway it is anecdotal. Statistics also say that people are preferring to go to Europe to study - what about that? And I did not know that we were doing a relative research.:)


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  • dixie
    02-21 07:27 PM
    Not so. There are no quota caps for spouses of US citizens, hence no retrogression.
    You can do that. But the Family based immigration is very slow too

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  • eb3_2004
    08-20 02:33 PM
    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    The item mentioned above is for EB2, meaning any spill over to EB2 is from unused EB1.

    for EB3 the ACT mentions the following

    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    The meaning is EB3 gets all unused from EB1 and EB2... This is the catch, does this mean spillover from EB1 after EB2 catches up (or) spillover from EB1 even if EB2 is not current..

    If they have done spillover from EB1 to EB3, even when EB2 is not current...we can give this a try.

    Sorry for the confusion...Just got excited and went over the allocation of visas from the ACT dbe


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  • veerufs
    10-13 07:59 PM
    My checks got cleared on Oct 10th. Mine is delivered to NSC and recieved by
    J BARRET July 2nd 10:28AM. Reciepts from Texas.

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  • amsgc
    11-04 12:09 AM
    Good one, thanks.

    check out my blog on AC21

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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.

    08-07 09:50 AM
    The moment I get sufficient number of people I am going all out.
    But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.

    Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.

    This goes on to show there is no community. If there is not community then I have to look after my interest.

    08-19 10:28 PM
    This is the email I got.


    Your Case Status: Post Decision Activity

    On August 19, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    There is no change in my wife's 485 status. But her EAD is approved. There is no mention of card production in the email. Looks like lot of people got the CPO email directly with post decision activity. Can somebody confirm the sequence in which it happens? How long does it take for the card to arrive? How long will it take for my wife's 485?

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