Monday, June 27, 2011

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  • nkavjs
    09-25 02:29 PM
    Good idea.. Can we come up with Joint signed E-letter with info and mail it to these guys doing nothing with our 2nd July applications.
    They shd all be flown to Bermuda triangle (ony after they clear our pending applications)





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  • vdlrao
    04-02 05:27 AM
    Do you have any idea, how many cases get approved per month.

    Don't know.





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  • PlainSpeak
    03-29 12:07 PM
    its been long time I have been waiting....if you understand hindi then

    "Mere jaisi ban jaoge jab Ishq Tumhe ho jayega"
    "Diwaro se takraoge jab Ishq Tumhe ho jayega"

    Ayega Ayega Ayega ....
    Ayega anne wala (GC) Ayega Ayega .....

    or as Bobby McFerrin says Don't Worry, Be Happy





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  • pappu
    11-22 07:50 PM
    http://www.bibdaily.com/pdfs/Tao%2011-7-07.pdf

    Plaintiff suggests that the fact that her application
    has been pending for nearly three years is patently
    unreasonable. She argues that Congress intended
    applications to be adjudicated within 180 days. See 8
    U.S.C. � 1571(b) ("It is the sense of Congress that the
    processing of an immigration benefit application should
    be completed not later than 180 days after the initial
    filing of the application . . .."). That [*10] 180-day
    timetable may provide some guidance here, although the
    "sense of Congress" expressed in INA Section 1571(b)
    does not necessarily carry the force of law. See Yang v.
    California Dep't of Social Servs., 183 F.3d 953, 958-59
    (9th Cir. 1999).
    Defendants argue that there is no statutory deadline
    by which applications must be adjudicated and that, in
    any event, the "first-in, first-out" protocol must be given
    deference. True, Congress has not established a
    mandatory timeframe for the USCIS to adjudicate
    applications. Moreover, "'[t]he passage of time alone is
    rarely enough to justify a court's intervention in the
    administrative process, especially since administrative
    efficiency is not a subject particularly suited to judicial
    evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
    Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
    However, the court also recognizes that there is no
    precise formula for determining whether there has been
    an unreasonable delay. Instead, "[w]hat constitutes an
    unreasonable delay in the context of immigration
    applications depends to a great extent on the facts of the
    particular case." Id.



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  • chanduv23
    07-09 08:58 PM
    Just google Gandhigiri + USCIS and see the result - lot of blog sites have picked this up





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  • irock
    08-06 11:33 PM
    Even though I'm EB2 and still waiting for GC, I oppose this. This is not fair.



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  • inderman
    10-21 02:11 PM
    There are plenty of folks waiting approval like you including me as well... If your attorney has followed up with USCIS and if u have created an SR, thats probably the best you could do to let USCIS know that they shudn't b sitting on ur case...

    Lets hope for the best.... Keep us updated if u see an LUD or get an update...





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  • kowligi
    01-24 01:16 PM
    I have attended the Interview for H1 B renewal at the US consulate in Toronto (Although i see a lot of posts concerning US consulates in India....thought this might be helpful for someone who would attend an interviewat US consulate in Toronto)

    I attended the Interview on Jan 16th at toronto for H1 B renewal and i got my passport back on Jan 23rd (4 business days as the officer told me as jan 21st is a holiday...martin Luther king day)

    I have been speaking to some people at the consulate and for them it is taking 5-8 business days and for some they got it in 4 business days.....the worst i have seen is for a lady who was coming to the consulate from past 3 weeks everyday and there is no ETA on her status..(i hope she gets her passport soon:) )...

    Unfortunately most of the people who attended there did not know of these delays and are struck cancelling and re-booking their flight tickets and extending their hotel stay



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  • BharatPremi
    09-24 11:34 PM
    I have eb3 485 and am working on EB3 EAD. I do not have a h1b

    Eb3 485 Filed on July 2007

    Got a promotion at the same company in Jan 2009 and applied for Labor n Eb2 for the new position

    Still wating for Perm approval in EB2

    Beautifulmind,

    I do not want to scare you but what you are claiming here i.e. while working on EB3-EAD aceepting promotion for a EB2-level skill can not be accepted by USCIS. You simply can not accept higher skill level based promotion like that. I think you should first sit down with a good lawyer and find out the solution of this already created mess and then think about interfiling.

    Based on all info you provided it looks like our cases are not similar. I have already new approved I-140 - EB2 base - approved in year 2006. My 485 is attached to EB3.





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  • sweet_jungle
    03-27 03:17 AM
    One more company that does not hire on EAD is Applied Biosystems

    There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc

    From their Employee Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf



    From their Employer Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf



    From OSC Update newsletter April 2004:
    http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf



    FAQ:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.



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  • Canadian_Dream
    03-27 03:05 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.

    http://www.myvisajobs.com/H1BVisa/sEmployer.aspx?E=Capital+One&OG=All&SO=All&Y=All&SON=All






    There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc

    From their Employee Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf



    From their Employer Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf



    From OSC Update newsletter April 2004:
    http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf



    FAQ:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.





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  • puvathoor
    03-24 05:52 PM
    Good discussion thread..

    I just wanted to let you all know that in the firm that I work ( a fortune 10 company) job postings clearly require " unrestricted authorization to work in USA without sponsorship".

    I know that they have used this logic to screen out candidates who require sponsorship visas. EAD (for dependent) can be percieved as unrestricted work authorization for 1 year (or restricted because it ends in 1 year). EAD for primary applicant is restrictive on the applicant (because of the same/ similar job requirement)..



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  • nocomment
    09-23 09:11 PM
    I hope these numbers didn't include septembers approvals. Does this report come out every month?





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  • alterego
    10-26 09:15 PM
    I finally get the chance to share our wonderful news with you all. We (me and my wife) received our "Welcome new resident" e-mails this morning.

    11 yrs for me and 12 yrs for my wife since coming to the USA. Between the two of us, Three J1s and Two F1 stamps, Six H1b stamps, Four 140s, 10 EAD/AP (5 each), 3 finger print notices apiece, Four RFEs between us and a total of $68KUSD in total USCIS fees/Lawyer fees and countless gray hair later and after many an emotional roller coaster over the years, it was our turn today.
    For those of you unclear about the admittedly weird above numbers, take a look at my RD. It is not a typo! I often wondered if I was a lone Dinosaur that survived the meteorite. I never saw anyone with a 4 plus year 485 recently.
    Our 485s were 2 yrs old and approvable when the visa bulletin fiasco happened in summer 2007. Ironically I heard that even my FPs/Background check were cleared by then (which in those days was the main cause of delays).

    I made many approaches over the years to the USCIS via phone, email, and fax, My Congressman contacted them on multiple occasions (atleast 3 times when he forwarded their response to me), and our Senator contacted them once. My lawyer as well as my employer contacted them also. I finally also wrote the ombudsman 2 weeks ago. I was pretty scathing in that letter as well (about their mockery of their stated FIFO policy etc). I am not sure exactly what worked, or if anything at all did, and it was just my time. After a while dealing with the injustice, you just get numb. Today finally I breathe a deep sigh of relief. The loooooong wait is over.

    I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be.

    I wish each of you all the best of luck and least agony in your wait. Those of you current, have faith, if you are being wronged, Stand up. Write/meet with those in a position to do something. Advocate for yourself. That way, atleast they know, what is going on. Otherwise none can help you.

    I will continue to stick around here and do what I can to help with IVs efforts. I believe with our overall effort, we are helping ourselves yes, but what we are advocating for is correct for this country as well.

    Best wishes all.



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  • gapala
    04-24 03:57 PM
    But are n't they proposing 50 % rule.. how can a small desi company afford 50 % US citizen staff ? That is why may be people think consulting companies will not work.

    but what I think is it will make them less profitable. Very small body shoppers will go out of business. Med to large indian owner based consulting companies will be less profitable.

    Guys with stock investment in indian IT compnies Heads UP !

    50% rule - Does this cover only US Citizens or includes GC as well? not clear... may be senators didn;t think about GC folks in this bill... A lot of the companies, I believe will have 50% with GC holders/citizens/T1/OPT/Add any other visa category who can work.. Since the bill restricts only H1B/L1.

    There are some assumptions, I guess on above post, that americans are paid more etc... which is totally wrong... A lot of the folks in this community, I believe, based on my own experience are paid more or at par with american counterparts. (I guess, about the profitability, if you mean it in terms of less productivity, I agree with that.)

    I guess the genuine companies will move the H1/L1 staff abroad along with positions to meet this requirements if at all this becomes law. What that means is more job loss in US. (Whether US has 50% of total "high skilled" work force necessary to run the operations of all the companies is another important question... I do not think so, may be the senators are considering highschool dropouts to handle the "high skilled" jobs :), I read somewhere about a recent survey and only 27% of 25-45 age group of population has a college degree in all discipline. I will try to find the link)

    Over all, I see this move by senators as short sited and will prove disastrus to America in long run given the fact that no other country in the world is as dependent on technology / research and development as US.





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  • wellwishergc
    07-10 11:02 AM
    And it's my wishful thinking for you and my other fellow-members who went through the roller-coaster ride last month. Also, it is a speculation based on the recent events in the last 10 days. I have already filed my I485.

    Cheers & Good Luck!

    I thought so too :) :). Your's was just wishful thinking.



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  • ingenix
    09-09 12:01 PM
    Called up all the above





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  • ajay
    01-18 11:30 AM
    I voted for Citizenship if you have lived legally in this Country for 10 years continuously, although I will be completing my 10 years next year only. Good luck to all those aspiring this.





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  • cougar123
    01-18 09:05 AM
    Date interviewed: 8th Jan 08
    Date received E-mail: NA





    vls
    05-14 04:20 PM
    I am a dependent of my husband's process - my PD is now current, is it possible to switch and have an I-485 application where I am the primary applicant and he is the dependent, so we do not depend on his company anymore?

    I do not want to take anyone's else opportunity by getting another A#, just want to know if there is a way to switch the roles.

    Thanks!





    kcforgc
    08-21 12:05 PM
    I made a few calls to India (land line) yesterday and saw the int'l charges for those calls. I'll be calling vonage customer service and talk to them. Did anybody else look at their call activity in vonage account????

    Thanks



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