americandesi
03-26 01:52 PM
Q: Why does budget come in to picture here?
A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.
This is plain stupidity. These employers should first take a good look at an EAD and a GC. As far as work authorization is concerned, both these cards provide us with the same rights. The EAD says “The person identified is authorized to work in the US for the validity of this card” where as the GC says “The person identified by the card is authorized to work and remain in the US”.
So why does the legal department come into picture here? Is it because of the expiry date associated with EAD’s? If that’s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?
A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.
This is plain stupidity. These employers should first take a good look at an EAD and a GC. As far as work authorization is concerned, both these cards provide us with the same rights. The EAD says “The person identified is authorized to work in the US for the validity of this card” where as the GC says “The person identified by the card is authorized to work and remain in the US”.
So why does the legal department come into picture here? Is it because of the expiry date associated with EAD’s? If that’s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?
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i99
10-01 02:58 PM
I am a July 2nd files, they told me to call on the 3rd of October. (I don't know what is the logic to calculate 90 days at the USCIS). I am trying to make the attorney call that day. May be she will have more luck. :confused:
anotherone
01-29 06:41 PM
your ad shows a company that has advertised for no EAD, GC h1b etc., which is legal, AFAIK.
It is not a small difference, but not interviewing someone based on whatever is probably their prerogative (even this may have certain limitations like -you cannot say "no women" et6c.,), visa status is not considered a protected class... again AFAIK. They probably cannot say no GC, but CAN say only citizens because of some clearance required etc.,
This is different from getting someone through the interview loop, making an offer and THEN saying sorry we ont hire you now because of EAD. That is BS. As for saying no to H1B, we have all been there, a company that does not want to sponsor cannot be MADE to do it.
I was asking for a list of companies that have refused to work with EADs and have been cited for it or fined etc.,
It is not a small difference, but not interviewing someone based on whatever is probably their prerogative (even this may have certain limitations like -you cannot say "no women" et6c.,), visa status is not considered a protected class... again AFAIK. They probably cannot say no GC, but CAN say only citizens because of some clearance required etc.,
This is different from getting someone through the interview loop, making an offer and THEN saying sorry we ont hire you now because of EAD. That is BS. As for saying no to H1B, we have all been there, a company that does not want to sponsor cannot be MADE to do it.
I was asking for a list of companies that have refused to work with EADs and have been cited for it or fined etc.,
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like_watching_paint_dry
06-15 10:28 AM
Get over with it bunch of whiny losers. Someone can can and is willing to do the job cheaper than you.
Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
The competitive angle did occur to me. There is no reason a business should not look for ways to cut costs. However, this is a question of fairness & legitimacy. A L1 visa person living in a low cost country and coming here temporarily on short-term assignments can make do with lower wages because he likely does not have to support a family here at the US cost of living, and L1 spouses can work. This is not fair to a H1 with same skills whose H4 spouse cannot work, and for the same reasons it is not fair to USC/GC folks. Isn't that why we currently have all this labor certification processes and DOL laws? Those laws are designed to level the playing field. It is not easy for the company to outsource entirely, so they break the law by abusing the visa. Why should we not act to stop this illegitimate corporate action?
If that does not sound reasonable, let me ask you this: Why should USCIS and law-makers even consider taking steps to address green-card backlogs, adding resources to process more cases more quickly when they can just sit there and collect fees from you for visa / EAD renewals?
Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
The competitive angle did occur to me. There is no reason a business should not look for ways to cut costs. However, this is a question of fairness & legitimacy. A L1 visa person living in a low cost country and coming here temporarily on short-term assignments can make do with lower wages because he likely does not have to support a family here at the US cost of living, and L1 spouses can work. This is not fair to a H1 with same skills whose H4 spouse cannot work, and for the same reasons it is not fair to USC/GC folks. Isn't that why we currently have all this labor certification processes and DOL laws? Those laws are designed to level the playing field. It is not easy for the company to outsource entirely, so they break the law by abusing the visa. Why should we not act to stop this illegitimate corporate action?
If that does not sound reasonable, let me ask you this: Why should USCIS and law-makers even consider taking steps to address green-card backlogs, adding resources to process more cases more quickly when they can just sit there and collect fees from you for visa / EAD renewals?
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gc_on_demand
04-01 11:37 AM
I believe that we will get 14-15K from EB2 ROW, EB1 = 12K (currently) + 6K (Minimum), regular cap I/C 6K. Eb2 row usage is down to 60%.
Total Numbers = 14 + 18 + 6 = 38K.
Now total demand is not just 34K demand data we also have porting and new filings especially from May - Jul 2007. My assumption of porting has been 6K out of which 2K have been approved.
So really its almost an exact match till Jul - Aug 2007. We should wait for the May bulletin thing to come true firts I believe VDLRAO gave a great calculation for that.
Don't forget EB5
Total Numbers = 14 + 18 + 6 = 38K.
Now total demand is not just 34K demand data we also have porting and new filings especially from May - Jul 2007. My assumption of porting has been 6K out of which 2K have been approved.
So really its almost an exact match till Jul - Aug 2007. We should wait for the May bulletin thing to come true firts I believe VDLRAO gave a great calculation for that.
Don't forget EB5
nixstor
07-09 08:05 PM
I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.
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Ramba
09-24 06:48 PM
Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.
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waitnwatch
08-21 12:33 PM
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -
The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).
Excerpt from Section 202 of the INA
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -
The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).
Excerpt from Section 202 of the INA
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
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wandmaker
01-09 11:16 PM
These two threads should be on the top
Massive IV campaign for Administrative fixes
http://immigrationvoice.org/forum/showthread.php?t=16506
Send Letters
Action alert: Please express your support for IV
http://immigrationvoice.org/forum/showthread.php?t=16556
Signup for monthly contribution and contribute any amount through paypal.
Massive IV campaign for Administrative fixes
http://immigrationvoice.org/forum/showthread.php?t=16506
Send Letters
Action alert: Please express your support for IV
http://immigrationvoice.org/forum/showthread.php?t=16556
Signup for monthly contribution and contribute any amount through paypal.
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l1fraud
06-12 06:59 PM
THE OP SEEMS TO BE AN ANTI IMMIGRANT. HE/SHE HAS NOT REVEALED THE IDENTITY AND MAY NOT BE HELPFUL - HE/SHE IS TRYING TO STIR UP SUCH DISCUSSIONS WITH SOME AGENDA WHICH WE DO NOT KNOW.
IF THE OP IS GENUINE AND SERIOUS HE/SHE MUST REVEAL IDENTITY AND HONESTLY WORK WITH THE ORGANIZATION AND UTILIZE THE RESOURCES AND HELP THE GOVT IN WORKING TO PUT THINGS IN PERSPECTIVE.[/QUOTE]
Hi Chandu,
Why should I reveal my identity?? Even the ICE Investigator with whom I am working has agreed for anonymity, In case you think that I am a american guy with anti-immigrant agenda I challenge you to set up a tele-conference where I can login without revealing my identity and I can prove my intentions, nationality or what ever you want ... (except for my personal details and specific violation details). I am here to fight a violation, please don't blame if you/your organisation would be impacted by this investigation.
Regarding the process for complaining please go to the below link "http://www.ice.gov/about/investigations/contact.htm" and see the main office for your state and call the investigations office and they would provide you the contact no. for your local officer (most of the cities would have local officers, their office would be along with other customs and immigration operations) and you can contact him directly and he would provide you the details for lodging a formal complaint. Please let me know if you need any further information regarding the same.
IF THE OP IS GENUINE AND SERIOUS HE/SHE MUST REVEAL IDENTITY AND HONESTLY WORK WITH THE ORGANIZATION AND UTILIZE THE RESOURCES AND HELP THE GOVT IN WORKING TO PUT THINGS IN PERSPECTIVE.[/QUOTE]
Hi Chandu,
Why should I reveal my identity?? Even the ICE Investigator with whom I am working has agreed for anonymity, In case you think that I am a american guy with anti-immigrant agenda I challenge you to set up a tele-conference where I can login without revealing my identity and I can prove my intentions, nationality or what ever you want ... (except for my personal details and specific violation details). I am here to fight a violation, please don't blame if you/your organisation would be impacted by this investigation.
Regarding the process for complaining please go to the below link "http://www.ice.gov/about/investigations/contact.htm" and see the main office for your state and call the investigations office and they would provide you the contact no. for your local officer (most of the cities would have local officers, their office would be along with other customs and immigration operations) and you can contact him directly and he would provide you the details for lodging a formal complaint. Please let me know if you need any further information regarding the same.
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malibuguy007
09-09 05:33 PM
Only 6 pages so far - we should be at 60!!!
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rameshk
03-31 11:13 PM
Hi,
I have donated $100 for the advocacy day. But I still cannot access the donar forum. How to request this access?
Thanks,
Ramesh
Important information is available on this in the Donor Forum. VBKris77 have compiled the information from the previous analysis and the latest information released by Dept. of State and IV's recommendation.
But I am not allowed to post the information here...:D
I have donated $100 for the advocacy day. But I still cannot access the donar forum. How to request this access?
Thanks,
Ramesh
Important information is available on this in the Donor Forum. VBKris77 have compiled the information from the previous analysis and the latest information released by Dept. of State and IV's recommendation.
But I am not allowed to post the information here...:D
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gc_hopful
05-25 12:32 PM
Hi Gurus,
I need some help with my situation:
After 5 years of waiting, my Labor got finally aproved thru Dallas BEC(EB3, RIR, PD: Oct'02). But my wife is in India on vacation and as per original plan will return middle of August.
1. What are my options so I can take advantage of the PD being current for me?
2. can I apply for I-140 and I-485 and then apply her I-485 when she returns?
Thanks.
gc_hopful
I need some help with my situation:
After 5 years of waiting, my Labor got finally aproved thru Dallas BEC(EB3, RIR, PD: Oct'02). But my wife is in India on vacation and as per original plan will return middle of August.
1. What are my options so I can take advantage of the PD being current for me?
2. can I apply for I-140 and I-485 and then apply her I-485 when she returns?
Thanks.
gc_hopful
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tawlibann
03-26 06:22 PM
Agreed. But EAD doesn�t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it�s a waste of time/money for the company to consult with the legal department.
I believe it�s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
Even if the EAD falls under I-140/AC21, you don't necessarily have to invoke portability. It is none of their business under what category the EAD is. I can have an EAD from I-140/I-485 filing, and then use it to work for five years at one employer, and then switch to a third employer to port the I-485. If the GC process is going to take 10 years, why should I want to invoke AC21 every time I switch a job? I would do this only at the last job I take, when my PD becomes current.
I believe it�s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
Even if the EAD falls under I-140/AC21, you don't necessarily have to invoke portability. It is none of their business under what category the EAD is. I can have an EAD from I-140/I-485 filing, and then use it to work for five years at one employer, and then switch to a third employer to port the I-485. If the GC process is going to take 10 years, why should I want to invoke AC21 every time I switch a job? I would do this only at the last job I take, when my PD becomes current.
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JazzByTheBay
09-24 09:03 AM
In essence what the memo seems to state is that I can have another employer file an I-140 petition, and if approved, simply substitute the I-140 in my existing I-485.
Is that right?
jazz
It is possible to use your new approved 140(EB2). Your date are current and do request USCIS and go in front of GC line. Good luck.
You can request USCIS with reference to this citation/pdf.
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf
Please make a token contribution to IV.
Is that right?
jazz
It is possible to use your new approved 140(EB2). Your date are current and do request USCIS and go in front of GC line. Good luck.
You can request USCIS with reference to this citation/pdf.
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf
Please make a token contribution to IV.
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gapala
09-02 06:57 PM
mr whydidntufileurgc,
U completely understood me, my point was Vonage may start charging such as 1c per min after few months once they have got most of the new customers.
I am not talking abt 5000 min fineprint here.
yes I do have a job :)
This is not an offer but a plan... and there is an underlying agreement which is legally binding between vonage and customers. If they want to make a change to the plan, they will have to inform customers well in advance and customers have rights to agree/disagree with the changes to plan and may stay with them or opt out.. This is not so simple to just start charging one fine morning 1c per minute to existing customers..
There is a possibility that they may discontinue enrollment into world plan and stop taking in new customers.. But existing customers will get the benifit of this plan as long as there is no change in governing agreement and if there is, customers may opt out at the expense of service providers..
It seems you are confused with "Offers", something that dish and comcast does..where they offer low rate to get you in for 6 months with a 12 months contract and they bump up the rates after offer period.. you can see these changes in rates in fine print of the offer any way..
U completely understood me, my point was Vonage may start charging such as 1c per min after few months once they have got most of the new customers.
I am not talking abt 5000 min fineprint here.
yes I do have a job :)
This is not an offer but a plan... and there is an underlying agreement which is legally binding between vonage and customers. If they want to make a change to the plan, they will have to inform customers well in advance and customers have rights to agree/disagree with the changes to plan and may stay with them or opt out.. This is not so simple to just start charging one fine morning 1c per minute to existing customers..
There is a possibility that they may discontinue enrollment into world plan and stop taking in new customers.. But existing customers will get the benifit of this plan as long as there is no change in governing agreement and if there is, customers may opt out at the expense of service providers..
It seems you are confused with "Offers", something that dish and comcast does..where they offer low rate to get you in for 6 months with a 12 months contract and they bump up the rates after offer period.. you can see these changes in rates in fine print of the offer any way..
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ItIsNotFunny
11-12 12:14 PM
got a reply from ombudsman....iam sure others got this too...
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.
If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.
Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.
Thank you for your cooperation.
This is good. Seems like now they are aware of the issue. Cheers guys for step 1.
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.
If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.
Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.
Thank you for your cooperation.
This is good. Seems like now they are aware of the issue. Cheers guys for step 1.
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WillIBLucky
06-15 01:58 PM
I-94s are submitted at the airport when you leave the country. In many cases there are no I-94s coz they have been submitted and no one thought of making copies of them before travelling out of country. I am sure I dont have all the I-94s that I ever used. I submitted them at the airport when I went out and didnt make copies.
I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
You dont need all I-94's. They only need the last I-94. But, you will need to give copies of all the H1B visa petition. For instance, if you changed your employer then you will have new petition or even when you extend your visa.
I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
You dont need all I-94's. They only need the last I-94. But, you will need to give copies of all the H1B visa petition. For instance, if you changed your employer then you will have new petition or even when you extend your visa.
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vban2007
08-16 01:57 PM
I got welcome notice last week but no news on wife's application.
Opened SR, sent email, took infopass but no news..
Any idea how to move it forward.
Opened SR, sent email, took infopass but no news..
Any idea how to move it forward.
jbr
03-10 05:36 PM
We could also do a signature/petition campaign that would focus on 'American Citizens' supporting our effort. We should aim at getting a lot of signatures. Afterall there have to be hundreds of thousands of formerly H1B holders who are citizens now; at least they would support our effort.
sidbee
09-24 01:22 PM
THe reason USCIS is showing low numbers for the reason that , no one will then raise the question for recpature. Looking at the numbers they will say, O, the numbers are so low, whats the need for recapture and we will be left hanging cold and dry.
This is a plot of a well planned strategy.
I don't think you should be drawing conclusions , or thinking of conspiracy theories.
This is a plot of a well planned strategy.
I don't think you should be drawing conclusions , or thinking of conspiracy theories.
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