Libra
07-09 08:59 PM
:D
by any chance are you related to a south indian actress named as Smitha??...if u know whom i am talking about..
:D :D
by any chance are you related to a south indian actress named as Smitha??...if u know whom i am talking about..
:D :D
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Lasantha
01-31 09:19 AM
So is this mess happening in the Indain consulates only? Or is it more widespread?
number30
09-24 08:12 PM
Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.
Numbers made available from AC21 was the only initial reason to become current. Later after 2001-Sept until 2002- October ( TSC until March 2003) no EB I-485 were approved. Only the cases either transfered to local office or consular processing were getting Approval. It was weird situation because no numbers were getting used hence all numbers were available. So it remained current until 2004. Otherwise it would have been retrogressed by 2003 itself.
Numbers made available from AC21 was the only initial reason to become current. Later after 2001-Sept until 2002- October ( TSC until March 2003) no EB I-485 were approved. Only the cases either transfered to local office or consular processing were getting Approval. It was weird situation because no numbers were getting used hence all numbers were available. So it remained current until 2004. Otherwise it would have been retrogressed by 2003 itself.
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makemygc
01-24 10:36 PM
Why don't you use direct flights to India. There is Continental from NY & American from Chicago to Delhi everyday. If you directly book from their websites, the prices are quite reasonable. At least American I know also serves Asian Vegetarian (meant for Indian veggies) food.
Well the problem is there are very few airlines flying direct and everyone is going for it. You cannot get those tickets and even if you will, it will be expensive. I just recently gone through this pain.
Well the problem is there are very few airlines flying direct and everyone is going for it. You cannot get those tickets and even if you will, it will be expensive. I just recently gone through this pain.
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Raju
06-29 03:54 PM
Looks like we are heading towards a nail biting finish here:( :confused: :mad: :o :rolleyes: :eek:
BharatPremi
03-26 10:47 AM
I understand your frustration. I have heard similar things from employers about hiring people on H-1B.
Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.
Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.
I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.
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:)
Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.
Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.
I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.
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:)
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mps
06-10 11:06 AM
we have lot of folks coming here on B1 and working ..how do you report that?
2010 DBM Nutrition), Lemon-lime
baburob2
01-10 07:17 PM
also very recently a new bill has been drafted. but i don't have more info. A gist of it is:
Republican Senate candidate David Kramer on Monday proposed an immigration reform plan that opens the door to legal status for illegal workers who have been in the United States for five years or more.
For more details look at the below url
http://www.journalstar.com/articles/2006/01/09/nebraska/doc43c29737b68d6696911913.txt
Republican Senate candidate David Kramer on Monday proposed an immigration reform plan that opens the door to legal status for illegal workers who have been in the United States for five years or more.
For more details look at the below url
http://www.journalstar.com/articles/2006/01/09/nebraska/doc43c29737b68d6696911913.txt
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sheela
11-06 02:31 PM
I spoke to IO this morning regarding NC clearance for my family (7/2 filers). I was told whereas, my derivative's (wife and daughter) names have been cleared but there is no information on my clearance. She furthur told me the names were submitted on 8/30/07 and was told to wait for another month or so.
Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
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abhis0
09-14 08:50 AM
Wait...wait ....wait.....but how long?
guy next door is jumping when received his EAD....I am still waiting for Texas to issue me reciept........
July 2 Filer
guy next door is jumping when received his EAD....I am still waiting for Texas to issue me reciept........
July 2 Filer
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ItIsNotFunny
10-30 11:38 AM
Guys,
This is one of the most critical issue we are facing today. The activity has proper plan defined as endorsed by IV.
Please don't think that AC21 is not for you. In current market anything can happen to job anytime. Please do participate in the activity and help the group resolving the issue with USCIS in right way.
Sending mails is first step and has to be done successfully before second step could be taken.
Sent my mails.
This is one of the most critical issue we are facing today. The activity has proper plan defined as endorsed by IV.
Please don't think that AC21 is not for you. In current market anything can happen to job anytime. Please do participate in the activity and help the group resolving the issue with USCIS in right way.
Sending mails is first step and has to be done successfully before second step could be taken.
Sent my mails.
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bajrangbali
06-17 12:28 PM
Thanks L1fraud guy for bringing up the details to complain. I have contacted the local office and proceeding with the process as outlined by the ICE officer. I agree with you and other members on this thread who say this fraud has to be stopped before it becomes uncontrollable.
Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..
Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..
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addsf345
12-05 04:43 PM
I am still waiting for response to letters I sent, but haven't received any reply so far from CIS.
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gcbeku
08-13 03:10 PM
Who is the primary applicant ?
I am the Primary - Last update on my case is 2009
Did you create an SR ? Yes
Did you have an Infopass ? Yes - which was of no use
My wife has a RFE last year so may be taht soft LUD is they r checkin may be
how many SRs did you create? Two SRs would be good - call once for your receipt number and then, after 5-10 mins have your wife call once for her receipt number.
At the end of the day they send the SRs to the corresponding service center (TSC or NSC) where it is looked at...and responded to later. (this is what the customer service rep told me).
I am the Primary - Last update on my case is 2009
Did you create an SR ? Yes
Did you have an Infopass ? Yes - which was of no use
My wife has a RFE last year so may be taht soft LUD is they r checkin may be
how many SRs did you create? Two SRs would be good - call once for your receipt number and then, after 5-10 mins have your wife call once for her receipt number.
At the end of the day they send the SRs to the corresponding service center (TSC or NSC) where it is looked at...and responded to later. (this is what the customer service rep told me).
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mohican
01-02 12:34 AM
Thanks for responding.
The key here is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
Mohican
As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?
To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.
The key here is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
Mohican
As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?
To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.
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srikondoji
06-29 05:01 PM
You can sue this firm, if they have really suspended the work on I-485.
How can they react to rumours?
Mathew Oh says this
06/29/2007: Notice to The Oh Law Firm Clients
* We have suspended the work for July 485 filing development pending the clarification of the rumor next week. Please bear with us in this confusing and difficult time.
I am of the opinion these rumors may not be rumors, they have some insider information. We are out of luck I guess
How can they react to rumours?
Mathew Oh says this
06/29/2007: Notice to The Oh Law Firm Clients
* We have suspended the work for July 485 filing development pending the clarification of the rumor next week. Please bear with us in this confusing and difficult time.
I am of the opinion these rumors may not be rumors, they have some insider information. We are out of luck I guess
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desi485
11-17 04:17 PM
There are a lot of interpretations. Popular Attorneys like Rajiv Khanna and Sheela Murthy claim it is not valid and always advise clients to have a h1b backup. Not sure why they are so keen on h1b. It could be because some adjudicators may send EAD revocations also along with 485 denials.
Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)
Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)
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arulz
11-23 01:30 PM
Foreclosure and bankruptcy will not affect your job search... especially in this market.
If you encounter a situation in future and HR questions you about bad credit or bankruptcy be honest and explain what happened and companies will understand. This is a tough economy and even millionaires are foreclosing because its the smart thing to do in a capitalist economy.
Similarly applying for bankruptcy is not bad, it is there for a reason. But remember, understand the bankruptcy laws; for example if you owe 100,000 and apply for bankruptcy the chances are the court will make you pay for it. If you owe 1mill then the court knows that you cannot pay and will dissolve it. Same applies for foreclosure, banks will help you if you cannot afford to make the payment. If you can and they think you can, you are screwed. sorry!
If you encounter a situation in future and HR questions you about bad credit or bankruptcy be honest and explain what happened and companies will understand. This is a tough economy and even millionaires are foreclosing because its the smart thing to do in a capitalist economy.
Similarly applying for bankruptcy is not bad, it is there for a reason. But remember, understand the bankruptcy laws; for example if you owe 100,000 and apply for bankruptcy the chances are the court will make you pay for it. If you owe 1mill then the court knows that you cannot pay and will dissolve it. Same applies for foreclosure, banks will help you if you cannot afford to make the payment. If you can and they think you can, you are screwed. sorry!
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elaiyam
06-15 04:43 PM
Should everyone submit a police clearance record?
gc28262
06-14 02:36 PM
How many times in this thread I have mentioned that I am getting replaced by one of these L-1B resource, I am a poor Oracle/DB developer who fortunately cannot be replaced by L-1B visa resources (as my skills is a common technical one). So once these violations impact your day to day life you look around for ways to stop this fraud. Its true that if I was a Nuero Surgeon in Phily or a Astro Scientist in Houston I wouldn't be interested in this violation :-) .... tomorrow let this scenario happen to you ... you would be first one to raise the alert.
Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.
l1fraud,
I sympathize with you. If your job is getting impacted by this, you have every right to complain.
On a friendly note, you need to upgrade your skill. You cannot survive on just oracle/db development.
Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.
l1fraud,
I sympathize with you. If your job is getting impacted by this, you have every right to complain.
On a friendly note, you need to upgrade your skill. You cannot survive on just oracle/db development.
vijayrudra
09-24 01:41 PM
Good analysis.
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