aussienyc
05-16 07:13 PM
late last month my father passed away and I had to fly back to Australia to attend the funeral. My lawyer and I were already in the process of preparing my i485/ead/ap. They arrived at the service centre on may26 and I left the US shortly after midnight on the 27th ( talk about close). My lawyer told me that as long as I was present in the US the day that the Service centre recieved my applications, I was ok. I also had my L1 re-stamped in Sydney before returning.
So based on my experience, no you dont have to wait for reciept of filing, just must be in US when filled.
So based on my experience, no you dont have to wait for reciept of filing, just must be in US when filled.
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kumar_77
06-29 04:02 PM
We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted:mad: :mad: :mad: :mad:
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted:mad: :mad: :mad: :mad:
SunnySurya
08-29 01:47 PM
Note:
This Lawsuit Idea is on hold for the following reasons:
a) Not enough interest in the affected parties
b) Cost of the litigation would be upwards of around 30K
c) The counsel has recommended to hold discussions with USCIS official first and give them sufficient time to respond to our concerns.
But we are following up on other avenues.
This Lawsuit Idea is on hold for the following reasons:
a) Not enough interest in the affected parties
b) Cost of the litigation would be upwards of around 30K
c) The counsel has recommended to hold discussions with USCIS official first and give them sufficient time to respond to our concerns.
But we are following up on other avenues.
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laborchic
11-06 06:07 PM
Sending my letters this evening. finished everything moments ago..
friends: This is the time to act. I havent yet used AC21 but god forbid if I have to use it in this economy I dont want to be in this mess.
Sorry for the folks who received denials and hope we come out this together..
friends: This is the time to act. I havent yet used AC21 but god forbid if I have to use it in this economy I dont want to be in this mess.
Sorry for the folks who received denials and hope we come out this together..
more...
vbkris77
09-23 07:54 PM
I think we are assuming that this will continue to be the case through Oct 2010. What if DOL changes policies with PERM approval tomorrow or the economy starts improving by March? EB2 ROW is current and there will be quite a few PERM's from them which will be adjusted immediately. We'll have to wait till the Sep results are in and the data is adjusted with 2005 EB2 numbers. Hopefully all < 2005 should be taken care of for EB2.
Source OH law firm immigration-law.com
09/23/2009: Official PERM Labor Certification Application Processing Times as of 09/30/2009
U.S. Department of Labor, Office of Foreign Labor Certification has just released the current processing time of permanent labor certification applications as of the end of this month. The date represents the date the applications were first filed, which is also called priority date.
Final Reviews (Clean Cut Cases): December 2008
Audit Cases: October 2007
Standard Appeal Cases: August 2007
Gov't Error Appeal Cases: Current
The last four-month processing times confirm that even though its FY 2010 (10/01/2009-09/30/2011) budget proposal estimated that the PERM processing times would be nine (9) months, actually the nine-month processing time started in the second-half of FY 2009. Accordingly, the employers hiring permanent foreign workers must understand that at least for the next one year, processing times of PERM applications will not improve and should learn to live with it and plan accordingly in their recruitment and hiring practices. Foreign workers should also take the delayed processing times of permanent labor certification application in their journeys in nonimmigrant status, on top of the State Department's predicted visa number problems coming year.
Source OH law firm immigration-law.com
09/23/2009: Official PERM Labor Certification Application Processing Times as of 09/30/2009
U.S. Department of Labor, Office of Foreign Labor Certification has just released the current processing time of permanent labor certification applications as of the end of this month. The date represents the date the applications were first filed, which is also called priority date.
Final Reviews (Clean Cut Cases): December 2008
Audit Cases: October 2007
Standard Appeal Cases: August 2007
Gov't Error Appeal Cases: Current
The last four-month processing times confirm that even though its FY 2010 (10/01/2009-09/30/2011) budget proposal estimated that the PERM processing times would be nine (9) months, actually the nine-month processing time started in the second-half of FY 2009. Accordingly, the employers hiring permanent foreign workers must understand that at least for the next one year, processing times of PERM applications will not improve and should learn to live with it and plan accordingly in their recruitment and hiring practices. Foreign workers should also take the delayed processing times of permanent labor certification application in their journeys in nonimmigrant status, on top of the State Department's predicted visa number problems coming year.
bobzibub
01-08 12:27 AM
The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended.
It should read as, "There are more than half million highly-skilled legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended.
or....
There are more than a half million highly-skilled legal immigrants legally working in the United States, yet are trapped in a bureaucratic and unbearably slow system that is reminiscent of quota systems in former Eastern Bloc countries.
-If we are working productively, then what is the problem to them?
-if we bring up the dreaded "quota" word and tie it to communism, this will have more impact. (They're products of the cold war, these folks.)
It should read as, "There are more than half million highly-skilled legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended.
or....
There are more than a half million highly-skilled legal immigrants legally working in the United States, yet are trapped in a bureaucratic and unbearably slow system that is reminiscent of quota systems in former Eastern Bloc countries.
-If we are working productively, then what is the problem to them?
-if we bring up the dreaded "quota" word and tie it to communism, this will have more impact. (They're products of the cold war, these folks.)
more...
optimystic
03-24 04:00 PM
Got a reply back just now
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.
After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.
After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).
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eager_immi
07-11 02:05 PM
I think the company should be filing the fees but lawyers fee for filing is not their liability. Hi Folks,
In many of the articles and forums I have read that applicants spent a lot of money on medical exams, lawyer fees, and so on towards the Employee based Green Card application.
Is it legal for one to spend money (out of one's own pocket) towards getting employee based green card ?
From what I had hear from my company's legal department was that they cannot take any money from me towards the green card application as it is not legal. Employee Based Green Card is for Employer's benefit and not employee's....though it eventually helps the employee -:)
Any comments ?
In many of the articles and forums I have read that applicants spent a lot of money on medical exams, lawyer fees, and so on towards the Employee based Green Card application.
Is it legal for one to spend money (out of one's own pocket) towards getting employee based green card ?
From what I had hear from my company's legal department was that they cannot take any money from me towards the green card application as it is not legal. Employee Based Green Card is for Employer's benefit and not employee's....though it eventually helps the employee -:)
Any comments ?
more...
485_spouse
06-15 04:39 PM
My 485 is pending in NSC where should I file for my EAD and AP?
What PO.box number should I use?
thanks,
485_spouse
What PO.box number should I use?
thanks,
485_spouse
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gccovet
09-10 10:41 AM
bump
more...
desi3933
08-07 01:57 PM
I thought I will give you a green but this handful of people couldn�t stomach what I said and spoilt my reputation so much that I cannot give you a green until my reputation goes up�
Check your PM.
Thanks for your support.
Check your PM.
Thanks for your support.
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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.
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.
more...
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eb3_2004
09-10 08:11 AM
Called all of them y'day...
Good Luck to all...
Good Luck to all...
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skarthy
11-12 03:12 PM
sent 2, running low on envelopes , will send the remaing 2 soon.
Great Effort, kudos to the IV leadership team.
Great Effort, kudos to the IV leadership team.
more...
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singhsa3
11-04 01:22 PM
Agreed...
Job Zone 4 does not automatically translate to EB3. Even though the title maybe EB-3, if the requirements exceed normal requirements for jobs in Job Zone 4 then after a (successful) business necessity audit the candidate maybe able to file in EB2.
Job Zone 4 does not automatically translate to EB3. Even though the title maybe EB-3, if the requirements exceed normal requirements for jobs in Job Zone 4 then after a (successful) business necessity audit the candidate maybe able to file in EB2.
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singhv_1980
02-07 01:58 AM
hello casinoroyal, singhv, stuckhere, bepositive..EVERYBODY..need help..
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
I am sorry and can understand how frustrating this would be for you. But you keep your spirits high. Can you ask your lawyer to contact DOS himself and inquire about your case? Once he has some information, he can communicate with the consulate here in India directly. I am not sure if you can do much here. I am wondering if there is anyway for you to contact VO instead of VFS ppl.
But importantly dont get discouraged, you will sail through.
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
I am sorry and can understand how frustrating this would be for you. But you keep your spirits high. Can you ask your lawyer to contact DOS himself and inquire about your case? Once he has some information, he can communicate with the consulate here in India directly. I am not sure if you can do much here. I am wondering if there is anyway for you to contact VO instead of VFS ppl.
But importantly dont get discouraged, you will sail through.
more...
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dtekkedil
07-09 06:32 PM
This message is posted on USCIS website.
Atleast the Director is now aware of the sufferings of GC filers.
-----------------------
Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
------------------------
Is this for real???
Can you post a link here?
Atleast the Director is now aware of the sufferings of GC filers.
-----------------------
Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
------------------------
Is this for real???
Can you post a link here?
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serg
07-09 09:48 PM
we are giving USCIS options on how to deal with the campaign.
If they really do forward the flowers they need to think about seperating notes from flowers.
They will pay a smaaaaaaaall amount to delivery guys who will strip all notes and that's it. Or they could say "it's gov. necessity' to remove a message from bucket, and it will be free. :(
If they really do forward the flowers they need to think about seperating notes from flowers.
They will pay a smaaaaaaaall amount to delivery guys who will strip all notes and that's it. Or they could say "it's gov. necessity' to remove a message from bucket, and it will be free. :(
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seahawks
09-14 12:31 AM
you guys might want to talk to your attorneys. Most of the time attorneys ping with their contact in service centers and get some answers if it is still not receipted.
Most of them have an email id whom they contact and find out normally. I am not sure if service centers are responsive if there are huge amounts of data entry still going on.
Most of them have an email id whom they contact and find out normally. I am not sure if service centers are responsive if there are huge amounts of data entry still going on.
guy03062
07-09 06:54 PM
Message from Mr. Emilio Gonzalez regarding Flower campaign shows that how closely they are following media coverage of July visa bulletin fiasco!
Please keet it up guys!!
Please keet it up guys!!
contactkpatel@yahoo.com
08-13 02:34 PM
I noticed a soft LUD today on my wife's case but no update on mine. Does this mean anything...
PD - Oct 2005 - still waitin.........
PD - Oct 2005 - still waitin.........
