CADude
08-01 04:43 PM
My friends check encashed today from TSC. His Attorney send application (6/20) to NSC and received there on 6/21.
So long way to go... I am not sure next weekend estimate will also hold good for July 2nd filer. :) Don't kill yourself and it will not make it faster.:D :D :D
So long way to go... I am not sure next weekend estimate will also hold good for July 2nd filer. :) Don't kill yourself and it will not make it faster.:D :D :D
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praveenat11
01-07 11:18 AM
Hi guys,
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
sunny1000
07-08 05:54 PM
H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extend to everybody (citizens, GC holders and non-immigrants) who lives on the U.S soil.
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extend to everybody (citizens, GC holders and non-immigrants) who lives on the U.S soil.
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
2011 Southport Beach, Gold Coast,
H1Girl
04-30 01:01 AM
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
more...
gc28262
06-28 09:33 AM
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
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.
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
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
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
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.
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
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
PDOCT05
10-08 10:39 AM
Did you contact USCIS regarding your case ? Any response or the regular
'wait for 30/45 more days' answer ?
Looks like today is holiday..i called up no response.
'wait for 30/45 more days' answer ?
Looks like today is holiday..i called up no response.
more...
SunnySurya
08-18 12:58 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
2010 Oregon Gold Coast Beach
wandmaker
08-14 06:29 PM
Received the Cards - My case details and email sequence updated at - http://immigrationvoice.org/forum/showthread.php?t=20706
more...
CADude
03-25 05:50 PM
You are an optimistic guy. keep it up. I used to be same once upon a time. Not Any More... :D
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
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kunjirs
02-26 09:39 AM
Was not active on the forum for long time. Visited the forum for a question and came to know about Advocacy Days in Washington DC. Will not be able to attend due to family commitments. Thanks you all for your efforts for this event.
Contributed $50; receipt number for this payment is: 4235-8095-3773-3845. I will also check to see if I have any air miles.
Contributed $50; receipt number for this payment is: 4235-8095-3773-3845. I will also check to see if I have any air miles.
more...
esh06
09-21 06:52 PM
Application sent on aug 8th.Checks got cashed on sep 18th.
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lutherpraveen
10-16 09:25 AM
Earlier only two of my I-485 checks were cashed, now all my checks (EAD, FP, AP, I-485) for my dependants and me got cashed.
Will keep you guys updated on the progress.
Since these cases are seeing daylight, I have question about FP. Anyone who has got FP (only for cases if RN received after 9th oct )?
I am planning to travel in November hence worried. If you know approx FP dates please let me know.
Will keep you guys updated on the progress.
Since these cases are seeing daylight, I have question about FP. Anyone who has got FP (only for cases if RN received after 9th oct )?
I am planning to travel in November hence worried. If you know approx FP dates please let me know.
more...
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diptam
06-22 01:41 PM
Pay stubs talk about CURRENT employment , not FUTURE...
>> "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
>> "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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ita
07-26 03:03 PM
Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)
http://immigrationvoice.org/forum/showthread.php?t=20452
But I was just curious about how you came to know that approximately 500 letters have gone by now?
Thank you
http://immigrationvoice.org/forum/showthread.php?t=20452
But I was just curious about how you came to know that approximately 500 letters have gone by now?
Thank you
more...
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ksam75
07-02 09:57 AM
Attorney shipped the package on June 29th. This is what the FedEX website says:
7:40 AM At local FedEx facility LINCOLN, NE
7:40 AM At local FedEx facility LINCOLN, NE
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bobzibub
07-08 12:13 AM
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.
I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.
Cheers,
-b
If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.
I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.
Cheers,
-b
more...
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akhilmahajan
02-13 02:18 PM
Bump...............
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capriol
09-13 03:10 PM
Create a new thread for TSC.
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
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kg318
04-25 12:57 PM
Dude, I do not know who has given you red dot, you certainly deserve more green dots.
hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.
hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.
GC4US
08-28 01:24 PM
My I-485, I-140 and I-765 for my wife reached Nebraska on August 17th, exactly the last day, because I was in my home country and came back on August 15th.
Obviuosly, no receipt# yet.....I think I will wait a couple of months to get it.
Could anyone, please, tell me how much you paid for 2x I-485, I-140 and I-765 for my wife. Is the correct fee: 1165$ ?
Good luck to all of you!
Obviuosly, no receipt# yet.....I think I will wait a couple of months to get it.
Could anyone, please, tell me how much you paid for 2x I-485, I-140 and I-765 for my wife. Is the correct fee: 1165$ ?
Good luck to all of you!
Jaime
06-26 05:10 PM
For your Information India's GDP is 3 trillion USD compare to Mexico 1 trillion USD. Taking into account GDP of EU India ranks 5th in GDP higher than any indivisual European nation where as Mexico ranks 13th. This is as per CIA worldfactbook. So where did you get the number
"Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
Hmmn did I forget you are an MBA from Mexico ?
(What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.
I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.
"Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
Hmmn did I forget you are an MBA from Mexico ?
(What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.
I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.
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