HV000
09-30 09:44 AM
I have a couple of questions. My employer has an in-house attorney who is responsible for green card processing.
1. If i change employers WITHOUT notifying USCIS, who gets the RFE (if any) in the future? My ex-employer or beneficiary (I got my I-485 receipt directly from USCIS)
2. If i change employers WITHOUT notifying USCIS after 180 days, what happens if my ex-employer tries to CANCEL my I-140?
Can USCIS cancel I-140 without receiving any AC-21 notification from me?
1. If i change employers WITHOUT notifying USCIS, who gets the RFE (if any) in the future? My ex-employer or beneficiary (I got my I-485 receipt directly from USCIS)
2. If i change employers WITHOUT notifying USCIS after 180 days, what happens if my ex-employer tries to CANCEL my I-140?
Can USCIS cancel I-140 without receiving any AC-21 notification from me?
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arrarrgee
07-06 04:55 PM
I think even fake flowers would do...given what we all have to go thru...guys send these and save few dollars :p
Those are FAKE flowers!!!
Send real ones!!
Those are FAKE flowers!!!
Send real ones!!
feedfront
09-15 04:55 PM
I am all in for donation.
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diptam
08-18 03:53 PM
Hi SunnySurya,
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.
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amitjoey
11-18 01:38 PM
In addition to completing the action item, set up an appointment with my Congressman for the week after next to push for this provision.
As stated by the more experienced folks involved with this initiative, the bottomline is that any action item should be accompanied by a grass roots effort where all our members should meet with the local congressmen/congresswoman to push for our provisions (in this case visa recapture). Coordinated action items and phone campaigns always help but we should not wait for an action item to talk to the lawmaker offices in our local districts.
You are absolutely right!. Thanks for taking the initiative to talk to your congressman.
As stated by the more experienced folks involved with this initiative, the bottomline is that any action item should be accompanied by a grass roots effort where all our members should meet with the local congressmen/congresswoman to push for our provisions (in this case visa recapture). Coordinated action items and phone campaigns always help but we should not wait for an action item to talk to the lawmaker offices in our local districts.
You are absolutely right!. Thanks for taking the initiative to talk to your congressman.
desi3933
06-26 09:04 AM
.
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
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obviously
07-27 11:13 PM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
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cram
06-12 11:00 AM
Originally Posted by cram
Fortunately, my PD became current on May 1
Did you get your receipt?
No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?
Fortunately, my PD became current on May 1
Did you get your receipt?
No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?
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GC4ALL
07-05 09:27 AM
Mine reached at 9:45 A.M Jul 2nd CST. Received by Rob Pitcher
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ksita48
11-18 10:46 AM
Sent to VA Representatives.
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minimalist
07-27 12:16 AM
1. When IV sucessfully reversed USCIS decisions last July
2. Two year EAD's.
Recapture would have solved the above problems automatically to
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
2. Two year EAD's.
Recapture would have solved the above problems automatically to
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
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gcdreamer05
08-27 02:47 PM
Holy cow... I cannot believe, I got my green card today...
My online case status changed to card production ordered today (1 hour ago).
I had filed during july fiasco and was not abel to send my medical tests , so had got RFE.
Then i took the medicals and sent the response in july 2009, and the status remained RFE response received for a long time.
I called NSC and opened a service request on Aug 18.
Guys believe me Service Request does miracles, they just approved it now.
So my journey came to an end after 7 years.
If I got green card, the whole credit goes to IV. You guys are really great, learnt a lot from this forum. Kudos to you all...
I will continue to visit these forums and help as much as I can.
I still cannot believe I got it.
My online case status changed to card production ordered today (1 hour ago).
I had filed during july fiasco and was not abel to send my medical tests , so had got RFE.
Then i took the medicals and sent the response in july 2009, and the status remained RFE response received for a long time.
I called NSC and opened a service request on Aug 18.
Guys believe me Service Request does miracles, they just approved it now.
So my journey came to an end after 7 years.
If I got green card, the whole credit goes to IV. You guys are really great, learnt a lot from this forum. Kudos to you all...
I will continue to visit these forums and help as much as I can.
I still cannot believe I got it.
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h1techSlave
06-28 09:05 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
Thanks, Walking_Dude, for putting this link.
As per web page on this link -This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.
However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.
.
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
Thanks, Walking_Dude, for putting this link.
As per web page on this link -This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.
However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.
.
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conchshell
07-11 01:55 AM
Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
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diptam
07-02 09:35 AM
If there is a revised bulletin which shows that your Priority Date is retrogressed then your's will be thrown off ....
I mean you missed a golden opportunity because you had whole of June
to file - i know its not your fault , just stating the Fact.
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
I mean you missed a golden opportunity because you had whole of June
to file - i know its not your fault , just stating the Fact.
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
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dingudi
11-05 03:22 PM
Hi,
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.
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WeShallOvercome
11-21 12:34 PM
Look at us. We fight and worry and waste our life for such petty things as a plastic card.
Pray for your, your family's and friends' health..which is all what matters.
Please go to India, atleast for some time and get a second opinion from good hospitals. And remember, Prayer is the most powerful healer.
Pray for your, your family's and friends' health..which is all what matters.
Please go to India, atleast for some time and get a second opinion from good hospitals. And remember, Prayer is the most powerful healer.
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ronhira
09-26 07:44 AM
So EB3 indians are idiots?:D
so are we..... everyone in eb2...... we r all the same.....
so are we..... everyone in eb2...... we r all the same.....
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drona
08-31 07:45 PM
Have you looked at the status of the rally polls? Are you even aware that we are having a historic first rally for legal immigrants in Washington DC? Please people, get your heads out of the sand and participate in this rally to fix this broken system.
jonty_11
02-05 02:39 PM
Used "Automatic Visa Revalidation Rule" for entering US from Canada
All,
Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
Peace Bridge.
I am planning to Visit Canada again, and wanna use "AVR"
but did u land in canada for immigration purposes? with ur AOS pending iN US?
All,
Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
Peace Bridge.
I am planning to Visit Canada again, and wanna use "AVR"
but did u land in canada for immigration purposes? with ur AOS pending iN US?
eb3retro
07-19 07:24 PM
the above poster summarized it very good. here are some of my thoughts..
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
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