Tuesday, June 28, 2011

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  • gccovet
    08-05 11:35 AM
    My priorty date is 17th Jan 2003 Eb3(2)-India.
    485 filed on 31st july 2007.
    I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
    Has anyone else gotten a lud on their I-140 also ?
    Thanks.

    Mahujam,
    I got soft LUD on my I140 (approved in 2006)as well around same date as your. No way I would get GC as I am EB3-I 5/04. I posted this question several places, but have not recd. any answers for anyone.
    GCCovet




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  • ita
    02-09 02:51 PM
    All the Best Chantu...hope you'll get job soon.




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  • GCKaIntezar
    06-16 02:01 PM
    Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.


    Cool bud. You seem to be going on expressway..

    Good luck to all of us.




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  • desi3933
    06-28 06:46 AM
    desi3933,

    Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).


    "(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) 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 --

    The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.

    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    "(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) 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 --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.

    Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.


    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • smuggymba
    07-20 10:34 AM
    IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing (based on my observation, I might be wrong so take it easy). If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums. Hope we get out of this EB2 vs EB3 and as focus on visa recapture.




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  • akhilmahajan
    02-26 04:04 PM
    bump^^^^^^^^^^^^^^^^



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  • black_logs
    05-03 10:37 AM
    Yes, that is one of the parts I loved in this bill.
    We have to go to a consulate in our home country to get VISA stamping.
    1000's of us are affected. SKIL bill Section 402 is addressing this.




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  • sina
    11-18 03:07 PM
    Will send the email.



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  • zj142
    07-08 09:12 PM
    she is so good at changing topic and avoiding the critical truth




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  • SkilledWorker4GC
    07-21 11:44 AM
    Mailed EAD Renewal on 7/7/08
    Receipt Dt 07/09/2008
    Notice Dt 07/09/2008



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  • gc_on_demand
    04-30 01:52 PM
    My guess is Eb3 India will not be current this year. From other Law firm site I observe that we will see mini version of what happend last year so I guess Eb2 I will be current .. ( Not because I am Eb2 ( I ) ) . Eb3 ROW will be C guys soon..




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  • TeddyKoochu
    09-23 05:30 PM
    Explain how this is the least controversial? Are anti, illegals, and other stake holders willing to do this?

    Excluding dependents is like making the Cap 2.5 times, when I say least controversial I intend to that everybody in the legal immigrant community will support it. If the cap becomes 300K Per annum, Iam sure everybody by which I mean even if somebody has filed for his / her labor today will get approved within 2 years (Equivalent to 600K visa numbers). Of course this will require a change of law but nobody EB1, EB2, EB3, ROW, India / China would oppose this as everybody's process gets speeded up. There is no other way to clear the backlog in its entirety and ensure that it does not happen again like this solution of excluding dependents.



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  • Karthik Thambidurai
    07-13 06:24 AM
    Just woke up to NPR morning news ... nice coverage on the July bulletin.




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  • anilkumar0902
    10-08 02:56 PM
    Many opinions have been expressed here. It is very tough to read through a few stories, coz each one of those must have suffered through this whole process..We have to feel proud of ourselves that we have withstood this whole process and are hoping for a bright day ...one day...some day soon.

    Due to the new overload/frontlog of applications filed, at least, if the duration for EAD and AP can be increased from its 1 year expiration to 3 years, it will bring in some sort of security and relief. Just like, one can extend H-1B for 3 years, if your I-140 is approved, there should be a policy to get an EAD and AP for 3 years if you have applied for 485 and have been waiting for more than an year or say, 6 months.

    We do not really know, if a major overhaul is in the near future, but such changes can help in providing interim relief.

    What do you say, friends ?



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  • santhi_krishna
    08-13 04:57 PM
    I got my I485 receipt notice today. Our applications are delivered on July 2nd.

    Receipt Date: 07/02/07
    Notice Date: 08/06/07




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  • blackberry
    08-26 06:25 PM
    Saralayar,

    Please add a poll to this thread to track number of application mailed per week to USCIS eg Week of July 17th, Week of July 23, Week of July 30,Week of August 6 & Week of August 13th.

    Hopefully this will help us understand the load.


    --BB

    I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.



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  • desi3933
    06-22 01:36 PM
    Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.

    If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.

    Thanks,
    Jayant

    P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!

    >> "No, employment letter is absolutely required...", well, it is not.

    You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.

    Do NOT confuse Current Employment Letter with Employment Letter for GC job



    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002




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  • TheOmbudsman
    06-26 11:40 AM
    Your perception couldn't be more distorted.
    If that is your personal opinion, I'd respect that. If you are a member of IV core team, let me know because I will call to to have a conversation with you.


    People, the bill is called "Comprehensive Immigration Reform". It can only be comprehensive if it takes into account the legal population and the illegal population. This bill could not come at a better time for us with the mid-term elections coming up. The Executive Branch of Government is pressuring for passage of this legislation. It will be a huge issue for the mid-term elections. The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. For now all we can do is sit back and wait and watch. It will take the majority of the house spin doctors a while to figure out how to proceed with maximum benefit for the Republican Party. This is the nature of politics.

    For a little entertainment, we can always predict next months visa bulletin! (Sorry, I couldn't resist).




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  • gcboy442
    09-11 11:01 PM
    Guys
    I got all my receipts today (Mine and my wife receipts)...My case is
    Received by J.Barrett at 10:25 AM at NSC, Case transferred to TSC on 08/05/2007 (Based on LUD). Notice Date is 09/04/2007.
    My I-140 is from TSC. I know what I went through this whole 70 day process, but as the saying goes 'There is light at the end of the tunnel'.
    Thanks IV...I owed that I pay some money towards the rally and will do that now.
    Thank You all and Good luck to those who are still waiting.




    rameshk75
    08-26 08:54 AM
    http://www.immigrationportal.com/showthread.php?t=282435


    http://www.immigrationportal.com/showthread.php?t=284815

    There were so many rejected L1 Individual petitions filed by TCS/Infy/Wipro etc.. These big companies will include all the internal tools in the resumes and INS asked for the purchase orders for all the specialised tools.

    As there were no PO's for those tools, petitions were rejected in large numbers. This has started in the last year and continuing... i personally have lot of friends whose petitions were rejected and went back to India..




    waiting_4_gc
    08-26 10:49 AM
    July 5th filer.

    Checks cashed on 08/13
    Receipt notices received on 08/20.



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