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Friday, July 1, 2011

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  • kumar1
    03-26 11:21 AM
    "Alaway complain" is the best policy. I got In-state tution for my wife and fought with the university for 4 months. Their rule said - You have to be a resident alien to get in-state. They assumed (because it brought more money) that only Green Card holders are resident aliens. I proved to them with documentation that H-1B and H4 are "non-permanent resident alien" for immigration status and resident alien for IRS tax purposes.

    After 4 months university called me saying your wife would get in-state. They never gave it in writing....they still charge out of state to H4 candidates. So that you know, it is 3 times higher than in-state.

    Only problem is ---after 7-8 years in this country I am getting tired of fighting these useless battles. I want to put my energy somewhere else, something more creative.

    Like someone else suggested, I would never tell that I have EAD. Just say, I am authorized to work for any employer.





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  • endlessloop
    06-20 10:05 PM
    I have an employment-based petition and I'm presently unemployed. From what I understand, the sponsoring employer can hire me when I get my green card. So, when I get my EAD, which is most probably in 3 months, can I use it to work for whomever I wish?

    If an employer files for your green card and you do not work for the employer, it is considered a visa fraud. Also, you have to wait for 180 days after applying for I-485 to be eligible to work for an employer other than the one who filed your labor.

    Since you are in the country illegally, it would probably be faster for you to get permanent residency if the new immigration bill passes.





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  • apnair2002
    01-21 10:35 PM
    This is the Chuck Hagel Bill that was put forth 10/25. No further action has been taken since.

    Specter's bill will prolly include some sections of this bill.

    01/21/2006: Republican National Committee Resolution: Support Legal Immigration & Guest Worker Program, Oppose Legalization

    Report indicates that the Republican National Committee voted on 01/20/2006 to back the Bush's call for a guest-worker program, and adopted a resolution that calls for continued "legal immigration," criticizes illegal immigration and endorses a "new work program for foreign workers," but states there should be "no amnesty for those persons presently in the United States illegally." Read on.
    There are several Comprehensive Immigration Reform bills pending in the Senate. The Senate is expected to return to the Hill next month and the specific agenda for the debate of these conflicting bills have yet to be announced by Sen. Bill Frist. He previously announced that these bills would be tabled for the debate in February. Please stay tuned to this website for the upcoming comprehensive immigration reform debates in the Hill. These bills are expected to bring a reform in the employment-based immigration increasing the employment-based immigrant visa numbers substantially. There are no strong opposition to this part of the comprehensive immigration reform.

    http://www.immigration-law.com/





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  • Lisap
    10-03 02:10 PM
    Are you from India/China ? I will be surprised if you are from one of those and name check cleared this fast.

    Are there certain countries that seem to have an eaiser time clearing name checks? I am from Canada- does anyone have any info?? Thanks



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  • ashkam
    11-24 10:09 AM
    When you buy a home you sign a contract saying you will pay the loan amount at the end of the loan term with interest. There was a commitment made. And you are saying people who walk away without fulfilling their obligation are smart? Fool!


    And who do you think is footing the bill for bailing out those banks? its you and me! You are not only dishonest and unethical, you must be really dumb if you think you are not going to be paying for the mistakes of people like punjabi when they "walk away" from their homes. Idiot!

    This reminds me of the following exchange from Seinfeld :

    Jerry : So were going to make the Post Office pay for my new stereo ?
    Kramer : It's just a write off for them .
    Jerry : How is it a write off ?
    Kramer : They just write it off .
    Jerry : Write it off what ?
    Kramer : Jerry all these big companies they write off everything
    Jerry : You don't even know what a write off is .
    Kramer : Do you ?
    Jerry : No . I don't .
    Kramer : But they do and they are the ones writing it off .
    Jerry : I wish I just had the last twenty seconds of my life back . But seriously, Punjabi, screwing up your credit history for 20,000 dollars is not a very smart move, especially if you're planning on living here for the rest of your life. Not sure if it will affect your job prospects in the future but what I AM sure of is everything else will be affected, even everyday things like getting car insurance. If you want to switch to a different insurer, your premium will increase if you have bad credit history. As someone else said, you need to really think this through because it will be a life-changing decision for you. People who are telling you to go ahead and do it just because it is legal are not giving you good advice. And people who are advising you to go ahead and do it and get a couple more credit cards and a new car while you are at it, well, these people really have no business giving anyone any advice about anything.





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  • WaitingForMyGC
    01-11 08:34 AM
    I am on a h1b currently. I changed empoyers in the US but the old stamp is still valid till semptember 2008. I has taken a visa date for jan30 in mumbai consulate and was going to fly back on feb9. Now planning to cancel the visa stamping because of the PIMS delays. I hope i am still valid to fly as i have a valid visa stamp and a new petition from current employer too which i can show at port of entry. Do let me know your views on the same and if there are any probable issues....


    You should be fine. You don't need to go for stamping if you are travelling before ur visa expiry.



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  • anotherone
    01-29 05:33 PM
    ok this is what I have
    a) email with offer of employment and link to I9 form in offer letter
    b) accepted verbally
    c) background check done and report sent to me
    d) called and was chatting when I mentioned EAD, was told sorry we cant offer you employment due to EAD, and that is has to EAD filed by this company only because they cant verify its legality et., one way was for them to do my h1b but they are not hiring h1b right now, so sorry. later they said they would consult with legal and get back to me. however i dont hold out much hope
    e) i immediately filled out the i9 form
    f) wrote email to them outlining our conversation from d) explaining my surprise (and boy! was a surprised!) and trying to make my case that I was not a risky bet for the company because of how interminably long I have been in this country and my spouse had GC already, but mine was not processed in time before priority date became not current.

    g) hr wrote back, acknowledging our conversation and saying that they were not sure and that is why they were going to consult with their legal dept and will talk next week.

    All I have are emails and offer letter.
    I really dont want to go the legal complaining route if this can be resolved. But I am in a fighting mode. I probably would not have been so upset if I had not turned down other interviews...





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  • crystal
    07-11 09:32 AM
    Thats cool Glus

    This is about me. I was photographed yesterday!!



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  • aachoo
    11-23 03:51 PM
    You've already made one short term decision- home prices are rising let me cash in!! Note, I said home prices and not home values.

    Dont make another short term decision- everyone is walking away, let me do the same. No more debt- wow!!

    As others have said on this forum, there is no reason to exclude yourself from the legions of "fools" who caused the mortgage crisis.

    -a





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  • Brightsider
    09-25 11:12 AM
    I saw this link Murthy's email too. The total pre-adjudicated cases in the chart is matching with the total in the document. Well now there are more un-answered questions:
    1. Does all other pending 485 include employment based ? If yes what % are employment based ? Obviously we do not have any country specific data on these.
    2. Is there any way to know whether individual case is pre-adjudicated or not ?
    USCIS has fooled us again. No good statistical analysis can be done on incomplete/inaccurate data. I am going from hopeful to hopeless again. I am EB2-I Feb 2006.
    Thanks a lot for staying on top of this and posting your analysis.

    Guys,

    If I may suggest.
    Take a look at the pending 1-130 (Pref). Over 800k are pending and adjudication has been deferred in those cases. Those are FB cases for sure. Now if USCIS has deferred action in those cases, can we infer that all the 279k I-485 cases relate only to EB? Cant say for sure.
    However as it was pointed out in another forum, Texas and Nebraska process only EB cases. In their cases, the rate of preadjudication is very high....over 90% in Texas. I cant fathom the Nebraska numbers.
    The preadjudication numbers, in my opinion, are of the EB cases. The data, on the whole, needs to be explained by USCIS, better.



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  • shahuja
    02-06 09:01 PM
    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 ??





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  • syzygy
    07-10 09:58 AM
    Like recycled labor

    YEP courtesy of a thousand screwed immigrants;)

    You know what lets donate blood, kidneys, brains, hair, other miscallaneous body fluids as well. Lets keep on giving and giving until they get the message that "hey these people cant give any more. Lets kick them out and get a fresh new batch of idiots".



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  • elaiyam
    06-15 04:43 PM
    Should everyone submit a police clearance record?





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  • imh1b
    10-25 04:11 PM
    IV should send a letter to Vonage CEO asking to put pressure on Obama and Senators to approve GCs quickly. We have been very good customers of Vonage.

    What a stupid idea.

    Why don't you write a letter to the CEO and threaten to cancel your vonage subscription if the CEO does not help you get a green card.

    Let us see if you choose to do it and lose your $10-15 dollars of savings every month via Vonage in the interest of gaining your greencard!!!



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  • gc_on_demand
    09-16 11:14 AM
    People are counting quota , no of visa available etc.. H1b denied.. Fight for Eb2 vs Eb3 , interfilling. and we have what less than 24 hour for our fate.

    Please focus on this thread and call call call ... untill u get success.





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  • vikki76
    10-12 12:45 AM
    Thanks for such informative post KewlChap.
    My case is pending with IO since Sept 15th and there are no updates officially from USCIS. My question is- what should I ask IO through POJ method on phone? They just tell me to wait.
    Should I directly ask "what is status of my application"- tried that once and then was told to wait.
    Folks,

    Got the email about being registered as a new permanent resident on Oct 8th. Thanks to SoP, caliguy, fatjoe and all others on the forum who helped / gave me support. I essentially learned that USCIS will not move quickly on their own, they need to be pursued just like any other govt. office in India. I give my time line below for an idea of what I did. If anyone is waiting still, I sincerely think that you should do all of POJ/SR/Infopass/Senator/Ombudsman.

    Timeline:

    Sept 1st - became current
    Sept 5th - contacted NSC several times through POJ. Finally, a very nice lady told me that my case was not even assigned to an officer. Said that she will send in a request to the contractor to pull my case out and get it assigned to an officer.
    Sept 11th - Case pulled out of storage area and moved to a smaller waiting room [got this info later, but this is what had happened]
    Sept 13th: Opened SR.
    Sept 18th - Infopass: Told me that my case was assigned to an officer on Sept 11th (which was wrong really) and that I should wait 30 days. Also told me that my FP were renewed on March 9th and all my checks were clear.
    Sept 20th: Contacted Senator's office. Said they will send in inquiry.
    Sept 25: Response to SR. Case under review. Wait 30 days.
    Sept 27th: Letter from Senator saying my case was under review and I need to wait 30 days.
    Oct 2nd: Contacted NSC again through POJ method. A nice lady, Terry, told me that my case was assigned to officer on Sept 30th. She said, "your case was pulled out of storage and put in a rather large holding area where it was till Sept 30th." Also confirmed that my FP was renewed and other checks were clear. Said, just wait, it will happen soon.
    Oct 6th: Sent 7001 form to USCIS Ombudsman.
    Oct 8th: Got decision email.

    Learnings: Pursue your case as much as you can. Call NSC, but be polite. They are usually in good mood on Thu/Friday evenings and if you make some small talk, they will help you. I kept records of which NSC IO is rude and if they picked up the next time, I would just keep the phone down. In fact, the lady who helped me remembered me 'coz I managed to reach her 3 times. Dont just ask for status, say that you have called in the past and so far you know xxxx about your case. Some IOs are nice, some are rude. Nice ones actually tried to explain the entire storage area, holding area, supervisor supply chain to me. I think I kind of understand the process that happens at NSC just through these conversations now. Approach Ombudsman asap with form 7001. Call your Senator office and ask to speak to the immigration person. They are very understanding and will help you.

    Long-ish email, but thought that I will put it out there, and it might help someone stuck in this morass. If you need more info, ask me / PM me. I will be around these forums for some more time.



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  • whitecollarslave
    03-26 06:47 PM
    You still did not get it. Without evidence of discrimination it would be difficult to fight against... Forget this for a moment, in any law based battle you have to have a evidence. It is not that I do not want to fight or somebody do not want to fight. How could you make the base for fighting? This other guy, with his sheer luck (And with Capital One's stupidity) could get written evidence and so he has a valid base to fight against. And without evidence, whatever you write to whomsoever authirities, it would just be a blabbering. Even as one platform if IV decides to fight against this, IV team (Or lawyers whom we appoint) will ask the evidence first to make the case. Other thing, do not forget, what we could achieve in July 2007, the base was definately a first screw up from USCIS ( That is an evidence...). Once that screw up happened we could right away make it a reference and could make it a battle point.. Do you still understand or you do not want to understand?

    I do understand that without evidence you can't fight the conventional way or file a law suit. It would be difficult, if not impossible. I am not debating that. I never said it would be easy. Even with evidence (in case of Capital One), one can argue if thats a good enough base for fighting and whether it will do any good if the case is won. Thats not the point.

    What would you do if a recruiter or employer told you (verbal or writing) that it is their policy not to hire Indians? (I am just using India as an example).

    Regardless of written evidence, I would be inclined to do something about it. I am not saying that I will file a law suit. I would probably not even want to work for such an employer. But I will not be speculating that oh, there must be some loophole that allows employers to have such a policy; because many of them are saying that, it must be legal. I will not assume that they can do this under "Hire and fire" authority. We just seem to have a little difference in opinion about that. We agree on pretty much everything else. Thats all. And frankly, its good to have an opposing perspective on things.

    Now, if I hear from experts that my understanding of the discrimination laws is incorrect and that it is legal for an employer to say that they will not hire somebody with EAD, I'll just shut up. Until then, I will encourage people not to be quiet and to call the hotline, file a complaint, call the media, and pursue whatever means we have at our disposal to fight what we consider injustice and fight what we believe is discrimination as per the law.





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  • grupak
    03-27 04:34 PM
    The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.

    Agree. Most of us are not lawyers. Why add another job duty? The only legal document that I ever sign concerning employment is the I-9. It say discriminating EAD is illegal, and should be reported. Just go with that to the govt. As it is we are spending so much time to just maintain legal status. Let DOJ, DHS do their job, and not worry about every single detail.

    Tell me whats the point of IV fighting for multi-year EAD (maybe good news is around the corner) if employers won't take it.





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  • ski_dude12
    09-21 09:31 AM
    Finally, we got the approval emails for self & wife.

    I had got an email from TSC.Ncscfollowup@dhs.gov last friday (09/17/2010) with the update below-

    1: The review was complete
    2: Visa numbers were requested 2 months ago and all security/prints are current
    3: Files have been forwarded to officers for completion.

    In my case the email to SCOPSSCATA@dhs.gov helped a lot. They in turn sent an email to TSC.Ncscfollowup@dhs.gov to step up the processing.

    As others have mentioned IV has played a big part throughout this journey. Thank you again.





    saimrathi
    07-11 10:28 AM
    Great job.. Thanks.:)

    Hi all,

    Thanks so much for all of you who emailed and called to share your stories
    with me. I tried to get as many of your voices in as possible, but length
    restraints reigned, so I apologize to those that I had left out. Please
    forward this email to anyone you know that may have talked to me, but
    didn't leave me their email.

    A quote that did not end up in the article, but I think you should know.

    Congresswoman Zoe Lofgren, the chairwoman of the House subcommittee on
    immigration:
    "I have a lot of sympathy. I don�t know their names, but maybe I'll see
    them at our hearing. To wait as long as these people have is difficult. A
    lot of work and money has been put into the process. This is a cruel joke.
    [To those who have been affected,] I am sorry that our bureaucracy has
    dealt with you in such an incompetent manner and I hope to make it better."

    here's the link in case anyone is looking for it.
    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html

    I wish you the very best of luck in your efforts.

    all best,
    Xiyun

    ~~~~~~~~~~~~~~~~
    Xiyun Yang
    Staff Writer, Financial Desk
    The Washington Post
    1150 15th Street, NW
    Washington, DC 20071
    202-334-6701





    SunnySurya
    08-07 01:29 PM
    Thats exactly what we need to figure out... I am working on it.

    We have no idea how many are legally porting from EB3 to EB2. I am sure many are trying but the data is not available. I dont know how you will move forward without such information.

    (Disclaimer: i am EB3 with US masters and no desire of porting to EB2)



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