Sunday, June 19, 2011

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  • lost_in_migration
    11-16 03:09 PM
    http://www.eeoc.gov/abouteeo/overview_practices.html

    Other Discriminatory Practices Under Federal EEO Laws
    Title VII

    Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.
    National Origin Discrimination

    * It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
    * A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

    The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.





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  • sai9999
    04-03 05:08 PM
    faxed for no 10 and 11





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  • xyzgc
    10-23 03:56 PM
    If thats the case then why don't they move the PD forward. EB3-I is stuck in 2001 since last 3 years and its not moving forward at all. How can we get some help here, ombudsman?

    That is exactly the issue. they don't move it forward despite lack of sufficient number of cases and then they move it forward by a year or so, it creates a chaos. And it applies to EB2-I also. Look where the dates are as per Nov bulletin.
    Its crazy.
    How many cases you think are in 2001, when last june the cutoff PD was June 2003? All this has been said over and over again in other threads, there is no point in repeating it.





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  • enggr
    03-17 03:52 AM
    My dear friends,
    I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "

    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar



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  • desi3933
    02-25 09:28 PM
    I changed it to clarify. The answer is YES, we have had 100% approvals for CA=MA, but we have done relatively few. This is based on Indian documentation that CA=PGD. However the stronger evidence points to CA=BA. As you can see someone on this board got an approval for our evaluation for a CA=MA with a professor's expert letter. The professor's letters are not cheap but effective.

    In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.

    >> The professor's letters are not cheap but effective.
    Care to explain what do you mean by "not cheap"?

    Is there any university that have taken CA qualified for PhD programme?





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  • bobyal
    05-12 10:46 AM
    We as a community have not even done 5 % of the hard work that DREAM act advocates have done. So such provisions are well deserved by them for the hard work they have done. If we had done enough work for our provisions, there is no doubt our provisions would have seen the day. You need to do some search on all the DREAM act advocates have done in the last few years to reach where they are now. And then compare it our community effort and you will get the answers.

    We recently had an advocacy day. How many of you contributed to it. We failed to even reach a modest budget goal for such a big event. So there is no point blaming undocumented. We need to first blame ourselves for doing nothing.

    I am not blaming any one. We as leagal immigrants spent money in taxes and uscis fees. They spent the money for the campaign and lobbying.

    I do feel we spent more than their campaign in taxes and fees.



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  • Photo: Emma Watson Burberry



  • DudefromBombay
    11-03 12:52 AM
    Can't agree more.

    Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:

    Illegals
    Illegals
    Illegals

    I hope Obama looses soon and we have some sanity of law





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  • saimrathi
    07-06 02:20 PM
    http://video.msn.com/v/us/fv/msnbc/fv.htm??f=00&t=s51&p=hotvideo_m_edpicks&g=7853b68e-39c1-4da2-a3ce-91f2915adc79

    Brian Williams is off tonight



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  • vnsriv
    12-12 03:52 PM
    What is the significance of April Barrier !





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  • satishku_2000
    05-22 04:06 PM
    DID YOU EVER MOVE WITHOUT REPORTING A CHANGE OF ADDRESS?? IF YOUR ANSWER IS YES, THEN YOU ARE ALSO AN ILLEGAL... YOU QUALIFY FOR A Z VISA!!! YEPEEE!!!
    If thats the case then I think at least some people are safe ...:)



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  • Emma Watson and George Craig



  • Munna Bhai
    05-15 03:46 PM
    I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.

    I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.

    I think we, in this forum, should get more mature in handling others personnel issues. The reason I was against that "snathan" story was that we are trying to play goody goody for no reason. We are in a country where the divorce rate is the highest..then why don't we open this forum for all of those people..let's play good Samaritan to everyone...





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  • perm2gc
    12-20 12:11 PM
    If someoe is on H1B then he converted to H4. Then He converted to H1B.
    He didnot leave(USA) the country any time. How his time calculated.

    Thanks
    the time on H4 will not be counted.That is what the document is all about.



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  • Models: Emma Watson, Alex



  • aspiration
    06-24 03:23 PM
    I was wondering if update is only available through state chapter? If so we are in blackhole,,, as many of us are not members of state chapter..

    Or if we have more action items to act on apart from calling reps..chc and lamar smith ?

    Neways.. i have asked for NC state chapter enrollment ..so hopefully i'll get the updates from then on...:)





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  • tnite
    07-19 11:46 AM
    For couple of weeks in 2001, when I was getting H1 transfer, I was without pay. I applied H1 transfer before old H1 expired, but got the receipt notice after few weeks and only after that I started working. Am I out of status ?

    For that matter, is it out of status if one gets paid from 2 companies with
    2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?


    2 weeks is not an issue .You can always claim upto maybe a month or 2 as vacation and if your last date of entry is after 2001 , even that doesnt matter



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  • Emma Watson, George Craig



  • makemygc
    10-09 07:50 PM
    My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?

    Can some on advise me !

    My company, which is a big one with more than 9000 employees tried to do the same with me. I've to do some sweet talking with my paralegal to get a copy of I-140, which was sufficient. Although, later I realized it was a notice of action but I think that should work too. Since, my company filed my 485 I did not have to worry much about that.





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  • krishjack
    07-02 03:23 PM
    Attorney and filing fees - $3200
    Medical Examination - $450
    TimeOff - $500
    Misc - $50

    Total - $4200



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  • raysaikat
    07-19 10:11 PM
    This may not be true. This is the problem being faced by many singles. Ofcourse those singles are postponing their plans just because of USCIS policies which in the case of singles is ridiculous. There is no meaning to make a person wait for 5-10 years to get one's spouse just because he applied for a Green Card. I see various kinds of visas for the spouses in other categories like H1 has H4
    L1 has L2/L4 ( I dont know what that is)
    and so on so forth..

    but for a spouse of AOS? nothing.


    All the crap of going on H1 are ridiculous. At the first place one has to get a sponsor for H1 and then there are all those issues out of being H1 with the employer and USCIS. There is no benefit of being on AOS. They cannot use EAD. They cannot start companies freely, etc because they are supposed to be on H1 or L1 etc.

    Even then the title is misplaced; USCIS does not make laws.





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  • singhsa3
    01-04 01:33 PM
    Just to keep record straight, I don't know this guy. I just heard this story and shared with everyone. I hope he is not reading this thread otherwise I will have to take protection.
    this is a really funny thread :) no offense meant to "ur friend with 2 wives" I sympathise with him totally :) specially the comment about 2 mom-in-laws hahahah :):D





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  • GCBy3000
    07-27 04:47 PM
    Read the two stories for break.

    THE BEST LAWYER STORY SO FAR

    One afternoon a lawyer was riding in his limousine
    when he saw two men along the roadside eating grass.
    Disturbed, he ordered his driver to stop and he got
    out to investigate.

    He asked one man, "Why are you eating grass?"

    "We don't have any money for food," the poor man
    replied. "We have to eat grass."

    "Well, then, you can come with me to my house and I'll
    feed you," the lawyer said.

    "But sir, I have a wife and two children with me. They
    are over there, under that tree."

    "Bring them along," the lawyer replied. Turning to the
    other poor man he stated,

    "You come with us, too."

    The second man, in a pitiful voice, then said, "But
    sir, I also have a wife and SIX children with me!"

    "Bring them all, as well," the lawyer answered.

    They all entered the car, which was no easy task, even
    for a car as large as the limousine was.

    Once underway, one of the poor fellows turned to the
    lawyer and said, "Sir, you are too kind. Thank you for
    taking all of us with you."

    The lawyer replied, "Glad to do it. You'll really love
    my place. The grass is almost a foot high


    STORY 2:

    Mom comes to visit her son Kumar for dinner.....who lives with a girl
    roommate Sunita. During the course of the meal, his mother couldn't
    help but notice how pretty Kumar's roommate was. She had long been
    suspicious of a relationship between the two, and this had only made her more
    curious.

    Over the course of the evening, while watching the two interact, she
    started to wonder if there was more between Kumar and his roommate than
    met the eye.

    Reading his mom's thoughts, Kumar volunteered, "I know what you must be
    thinking, but I assure you, Sunita and I are just roommates." About a
    week later, Sunita came to Kumar saying, "Ever since your mother came to
    dinner, I've been unable to find the silver plate. You don't suppose
    she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."


    So he sat down and wrote :

    Dear Mother:

    I'm not saying that you 'did' take the silver plate from my house, I'm
    not saying that you 'did not' take the silver plate.. But the fact remains
    that it has been missing ever since you were here for dinner.

    Love, Kumar


    Several days later, Kumar received an email from his Mother which read



    Dear Son:

    I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
    you 'do not' sleep with Sunita. But the fact remains that if she was
    sleeping in her OWN bed, she would have found the silver plate by now
    under the pillow...

    Love,
    Mom.



    Lesson of the day:
    Don't Lie to Your Mother...........especially if she is Indian !





    jungalee43
    07-07 03:57 PM
    ronhira,
    Excellent qoute. You have done your research very well. I live in South and have concluded that many people blindly follow the Radio talk show hosts. They do not have any information and just repeat what these radio talk shows say. Last week one caller who called to criticize Obama for decision on Gen. McCrystal; had not even read the article that the General wrote.
    Many so called supporters of AZ law, don't know what it is.

    "In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own."
    ~ Alexis de Tocqueville





    bigticket
    08-23 11:10 AM
    Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.

    Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.

    Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.

    So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?



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