msadiqali
09-15 02:43 PM
Got Card Production Ordered today..
Priority Date - Nov 2005, EB2
Got an RFE last month, approved after RFE was responded..
Priority Date - Nov 2005, EB2
Got an RFE last month, approved after RFE was responded..
wallpaper or a logo, several circles
BharatPremi
03-25 01:18 PM
I got this from a reqruiter
I responded to her that I have EAD and she never got back
Mark's previous suggestion works fine in such scenarios. Do not mention the word "EAD" before hand.Do not mention H1 even. Do not try to even discuss EAD/H1 etc... As long as requirement allows Green card and where ever it is required for you to mention work status, jot down " Elligible to work for any US employer in USA". That would work. After interview, if they select submit EAD as a proof. At that moment they will not be able to deny that as a work status proof.
Note: Other thing I experienced is using the word "Work Permit" in place
of "EAD" makes things easy for everybody.
I responded to her that I have EAD and she never got back
Mark's previous suggestion works fine in such scenarios. Do not mention the word "EAD" before hand.Do not mention H1 even. Do not try to even discuss EAD/H1 etc... As long as requirement allows Green card and where ever it is required for you to mention work status, jot down " Elligible to work for any US employer in USA". That would work. After interview, if they select submit EAD as a proof. At that moment they will not be able to deny that as a work status proof.
Note: Other thing I experienced is using the word "Work Permit" in place
of "EAD" makes things easy for everybody.
nkalpana
02-06 10:14 PM
I am very sorry to hear this. It should be a rare case that you have got 221g after your visa has been approved by visa officer.
Approach the consulate with your email, and they might give you a questionnaire to fill up. It must be regarding some additional documents being required.
Dont worry, you will come through!
Regards,
NK
Approach the consulate with your email, and they might give you a questionnaire to fill up. It must be regarding some additional documents being required.
Dont worry, you will come through!
Regards,
NK
2011 images Google logo Doodle:
santb1975
01-12 10:28 AM
Please send letters
more...
h1techSlave
07-09 10:03 PM
Can we do a blood drive next as protest! seriously. Donate blood as protest and for media attention.
I totally support the blood donation idea. I am pretty sure, a blood donation drive would be front page news on American Red Cross web site also. It should send out a message that the GC is so important to us.
The actual collection of blood hopefully will be fully carried out by the American Red Cross.
Thanks,
h1techSlave
I totally support the blood donation idea. I am pretty sure, a blood donation drive would be front page news on American Red Cross web site also. It should send out a message that the GC is so important to us.
The actual collection of blood hopefully will be fully carried out by the American Red Cross.
Thanks,
h1techSlave
mnkaushik
07-17 02:28 PM
Hi Ron,
My Priority date is Jan 2004, EB3-India category and i have an approved I-140 and have applied my 485 during July 07. I have sent my EAD and AP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) during July 07 and has applied for EAD and AP renewal, which expire in last week of October. We both applied independently and are using our H1bs and not EAds.
Since my spouse's PD is going to be current in August 2008, I was planning on applying for a second 485 as a dependent on my spouse's application.
I know that two 485 applications causes issues. I want your recommendation and also will my application affect my wife's processing time or create issues for her.
Thanks,
Kaushik
Ron's reply -
You don't need to file a new I-485. Make the CIS aware of your spouse's case and your eligibility under it as a dependent. Ask them to cross reference to the two cases.
You can follow this thread in the following link - http://www.immigration-information.com/forums/showthread.php?t=5689
Also has anyone tried this approach and Also does anyone has expeirence being Ron's client?
My Priority date is Jan 2004, EB3-India category and i have an approved I-140 and have applied my 485 during July 07. I have sent my EAD and AP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) during July 07 and has applied for EAD and AP renewal, which expire in last week of October. We both applied independently and are using our H1bs and not EAds.
Since my spouse's PD is going to be current in August 2008, I was planning on applying for a second 485 as a dependent on my spouse's application.
I know that two 485 applications causes issues. I want your recommendation and also will my application affect my wife's processing time or create issues for her.
Thanks,
Kaushik
Ron's reply -
You don't need to file a new I-485. Make the CIS aware of your spouse's case and your eligibility under it as a dependent. Ask them to cross reference to the two cases.
You can follow this thread in the following link - http://www.immigration-information.com/forums/showthread.php?t=5689
Also has anyone tried this approach and Also does anyone has expeirence being Ron's client?
more...
Macaca
07-22 08:27 AM
Lou Dobbs Tonight 03/28/2007 (http://transcripts.cnn.com/TRANSCRIPTS/0703/28/ldt.01.html): "It's pretty remarkable. Four hundred thousand H1 visas each year."
Temporary Admissions of Nonimmigrants to the United States: 2005 (http://www.dhs.gov/xlibrary/assets/statistics/publications/2005_NI_rpt.pdf) By ELIZABETH M. GRIECO | DHS, Jul 2006
Nonimmigrant visas allow foreign nationals to travel to a U.S. port of entry, such as an international airport, a seaport, or a land border crossing. However, they do not guarantee entry. At the port of entry, an immigration officer of U.S. Customs and Border Protection (CBP) authorizes a traveler’s admission into the United States and the period of stay (i.e., the length of time the bearer of a nonimmigrant visa is allowed to remain in the United States) for that visit. The initial authorized stay is noted in the DHS Form I-94 Form issued to the nonimmigrant by CBP.
Many visas are valid for several years, allowing those visa holders to enter the United States multiple times. Nonimmigrants on long-term visas, however, are still issued an authorized period of stay by CBP each time they are admitted.
TECS is the primary source for data collected from the Arrival-Departure Record, also known as DHS Form
I-942. Nonimmigrants arriving by air, land, or sea are required to complete Form I-94, with two important exceptions. Canadians who travel to the United States as tourists or on business generally do not need the I-94 Form. Also, certain Mexicans who have a nonresident alien Border Crossing Card, commonly known as a laser visa or a multiple-entry nonimmigrant visa, may not be required to complete the I-94 Form for entry. These exceptions are significant because Canadian and Mexican citizens make up the vast majority of all nonimmigrant admissions.
This Office of Immigration Statistics Annual Flow Report examines the number and characteristics of nonimmigrant admissions in 20051 recorded by the Treasury Enforcement Communications Systems (TECS) of the Department of Homeland Security’s (DHS) U.S. Customs and Border Protection (CBP).
The data presented in this report are derived from the Treasury Enforcement Communications System (TECS) of the Department of Homeland Security’s U.S. Customs and Border Protection. TECS compiles and maintains information collected from nonimmigrants by DHS Form I-94, which asks for dates of arrival and departure as well as limited demographic information, such as name, sex, nationality, and date of birth.
I-94 Forms issued at air and sea ports of entry, in most cases, can be used for a single entry only. Each time a nonimmigrant enters the United States via air or sea, the arrival portion of the I-94 Form is collected and the information is entered into the data system. Conversely, each time a nonimmigrant leaves the United States via air or sea, the
departure portion is collected and the additional data is recorded into TECS.
By comparison, I-94 Forms issued at land border ports of entry, in most cases, can be used for multiple entries during an authorized period of admission. The arrival portion of the I-94 Form is collected and entered into the data system only at the time of initial form issuance and admission. Thus, while a nonimmigrant may enter the United States at a land border port of entry numerous times using the same I-94 Form, the arrival information recorded in TECS refers to the initial entry only. Also, a nonimmigrant who has been issued a multiple-entry I-94 and who leaves the United States via the land border is not required to surrender the departure portion of the form if the authorized period of admission is still valid and the nonimmigrant intends to return before the I-94 Form has expired.
The information from the departure portion of the form is recorded into TECS after the nonimmigrant surrenders the form. Although TECS records both arrival and departure data, the information presented in this report is based on arrival data only.
Many nonimmigrants, such as students, diplomats, and temporary workers, enter and leave the United States more than once each year, and the TECS system separately records each new issuance of an I-94 Form at arrival and each I-94 Form collected at departure. Since the arrival data are collected each time a new I-94 Form is issued, and an individual might enter more than once in a fiscal year, the count of admissions exceeds the number of individuals arriving.
In 2005, for example, there were 32 million I-94 admissions recorded by TECS, but only 26.9 million individuals entered the United States (see Table 2). Of those 26.9 million, 88 percent arrived once while 12 percent arrived two or more times during the year. This report uses TECS data to describe the number and characteristics of the 32 million I-94 admissions and not the 26.9 million individual nonimmigrants.
There is no limit on the total number of nonimmigrants admitted each year.
There are also limits on the number of petitions approved for initial employment for certain categories of temporary workers. For example, in 2005, high-skilled H-1B visas for certain first-time applicants were limited to 65,000. In general, there are few limitations on the number of immediate family members who can enter the country with nonimmigrant visa holders.
From How many H-1B visa workers? Counts vary (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007
A company that wants H-1B visas files an application with the U.S. Department of Labor. The Labor Department screens the applications, then passes them to the Department of Homeland Security, which includes the office of U.S. Citizenship and Immigration Services. Applications approved by the immigration service are then forwarded to the U.S. Department of State, which actually issues the visas.
There's a startling lack of publicly available data about the program, which makes it almost impossible to know which companies are getting the controversial visas and why. And much of the data that does exist is disputed by one side or another.
Oracle was issued 1,022 H-1B visas in calendar year 2006, a figure that includes renewals of previously issued visas. But Robert Hoffman, an Oracle spokesman, said his company could only confirm that it made 170 new H-1B hires in the federal government's fiscal year 2007, which runs from October to September.
The list is dominated by India-based outsourcing companies, such as Wipro and Infosys, which at No. 1 and No. 2 respectively received 3,143 and 3,125 new visas. The only Silicon Valley company on the list was Intel, ranked No. 13 with 613. Microsoft was fifth with 1,297.
But another list circulating on Capitol Hill told a somewhat different story. That list was also from the Homeland Security Department and included the number of new visas as well as the number of renewal visas.
According to that list, Oracle outranked Intel, receiving 1,022 visas in 2006. Intel received 828, as did Cisco; Yahoo received 347; and Hewlett-Packard received 333.
But Shotwell, the tech-industry lobbyist, said such tallies are misleading because companies often file multiple applications for a single person or large blanket applications for a number of positions they might not ultimately need because they want as many as possible before the cap is reached.
The federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap.
From Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf) November 2006
Number of H1B petitions approved for initial employment is 116,927. (page 5)
The number of approved petitions exceeds the number of individual H-1B workers because more than one U.S. employer may file a petition on behalf of an individual H-1B worker. (page 5)
Blogged at All Reader Comments (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=20045&pageIndex=5) for A Green Light on the Road to Green Cards (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080.htm?chan=search)
Temporary Admissions of Nonimmigrants to the United States: 2005 (http://www.dhs.gov/xlibrary/assets/statistics/publications/2005_NI_rpt.pdf) By ELIZABETH M. GRIECO | DHS, Jul 2006
Nonimmigrant visas allow foreign nationals to travel to a U.S. port of entry, such as an international airport, a seaport, or a land border crossing. However, they do not guarantee entry. At the port of entry, an immigration officer of U.S. Customs and Border Protection (CBP) authorizes a traveler’s admission into the United States and the period of stay (i.e., the length of time the bearer of a nonimmigrant visa is allowed to remain in the United States) for that visit. The initial authorized stay is noted in the DHS Form I-94 Form issued to the nonimmigrant by CBP.
Many visas are valid for several years, allowing those visa holders to enter the United States multiple times. Nonimmigrants on long-term visas, however, are still issued an authorized period of stay by CBP each time they are admitted.
TECS is the primary source for data collected from the Arrival-Departure Record, also known as DHS Form
I-942. Nonimmigrants arriving by air, land, or sea are required to complete Form I-94, with two important exceptions. Canadians who travel to the United States as tourists or on business generally do not need the I-94 Form. Also, certain Mexicans who have a nonresident alien Border Crossing Card, commonly known as a laser visa or a multiple-entry nonimmigrant visa, may not be required to complete the I-94 Form for entry. These exceptions are significant because Canadian and Mexican citizens make up the vast majority of all nonimmigrant admissions.
This Office of Immigration Statistics Annual Flow Report examines the number and characteristics of nonimmigrant admissions in 20051 recorded by the Treasury Enforcement Communications Systems (TECS) of the Department of Homeland Security’s (DHS) U.S. Customs and Border Protection (CBP).
The data presented in this report are derived from the Treasury Enforcement Communications System (TECS) of the Department of Homeland Security’s U.S. Customs and Border Protection. TECS compiles and maintains information collected from nonimmigrants by DHS Form I-94, which asks for dates of arrival and departure as well as limited demographic information, such as name, sex, nationality, and date of birth.
I-94 Forms issued at air and sea ports of entry, in most cases, can be used for a single entry only. Each time a nonimmigrant enters the United States via air or sea, the arrival portion of the I-94 Form is collected and the information is entered into the data system. Conversely, each time a nonimmigrant leaves the United States via air or sea, the
departure portion is collected and the additional data is recorded into TECS.
By comparison, I-94 Forms issued at land border ports of entry, in most cases, can be used for multiple entries during an authorized period of admission. The arrival portion of the I-94 Form is collected and entered into the data system only at the time of initial form issuance and admission. Thus, while a nonimmigrant may enter the United States at a land border port of entry numerous times using the same I-94 Form, the arrival information recorded in TECS refers to the initial entry only. Also, a nonimmigrant who has been issued a multiple-entry I-94 and who leaves the United States via the land border is not required to surrender the departure portion of the form if the authorized period of admission is still valid and the nonimmigrant intends to return before the I-94 Form has expired.
The information from the departure portion of the form is recorded into TECS after the nonimmigrant surrenders the form. Although TECS records both arrival and departure data, the information presented in this report is based on arrival data only.
Many nonimmigrants, such as students, diplomats, and temporary workers, enter and leave the United States more than once each year, and the TECS system separately records each new issuance of an I-94 Form at arrival and each I-94 Form collected at departure. Since the arrival data are collected each time a new I-94 Form is issued, and an individual might enter more than once in a fiscal year, the count of admissions exceeds the number of individuals arriving.
In 2005, for example, there were 32 million I-94 admissions recorded by TECS, but only 26.9 million individuals entered the United States (see Table 2). Of those 26.9 million, 88 percent arrived once while 12 percent arrived two or more times during the year. This report uses TECS data to describe the number and characteristics of the 32 million I-94 admissions and not the 26.9 million individual nonimmigrants.
There is no limit on the total number of nonimmigrants admitted each year.
There are also limits on the number of petitions approved for initial employment for certain categories of temporary workers. For example, in 2005, high-skilled H-1B visas for certain first-time applicants were limited to 65,000. In general, there are few limitations on the number of immediate family members who can enter the country with nonimmigrant visa holders.
From How many H-1B visa workers? Counts vary (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007
A company that wants H-1B visas files an application with the U.S. Department of Labor. The Labor Department screens the applications, then passes them to the Department of Homeland Security, which includes the office of U.S. Citizenship and Immigration Services. Applications approved by the immigration service are then forwarded to the U.S. Department of State, which actually issues the visas.
There's a startling lack of publicly available data about the program, which makes it almost impossible to know which companies are getting the controversial visas and why. And much of the data that does exist is disputed by one side or another.
Oracle was issued 1,022 H-1B visas in calendar year 2006, a figure that includes renewals of previously issued visas. But Robert Hoffman, an Oracle spokesman, said his company could only confirm that it made 170 new H-1B hires in the federal government's fiscal year 2007, which runs from October to September.
The list is dominated by India-based outsourcing companies, such as Wipro and Infosys, which at No. 1 and No. 2 respectively received 3,143 and 3,125 new visas. The only Silicon Valley company on the list was Intel, ranked No. 13 with 613. Microsoft was fifth with 1,297.
But another list circulating on Capitol Hill told a somewhat different story. That list was also from the Homeland Security Department and included the number of new visas as well as the number of renewal visas.
According to that list, Oracle outranked Intel, receiving 1,022 visas in 2006. Intel received 828, as did Cisco; Yahoo received 347; and Hewlett-Packard received 333.
But Shotwell, the tech-industry lobbyist, said such tallies are misleading because companies often file multiple applications for a single person or large blanket applications for a number of positions they might not ultimately need because they want as many as possible before the cap is reached.
The federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap.
From Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf) November 2006
Number of H1B petitions approved for initial employment is 116,927. (page 5)
The number of approved petitions exceeds the number of individual H-1B workers because more than one U.S. employer may file a petition on behalf of an individual H-1B worker. (page 5)
Blogged at All Reader Comments (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=20045&pageIndex=5) for A Green Light on the Road to Green Cards (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080.htm?chan=search)
2010 1 color Circle Logo No
skd
07-09 06:39 PM
This is perfect. It will drag more media attention!!!
He will get credit for all these flowers, and we will soung stupid that we just care obout our-slves but USCIS cares abou veterans.
USCIS people...trying to make fun of our misery
He will get credit for all these flowers, and we will soung stupid that we just care obout our-slves but USCIS cares abou veterans.
USCIS people...trying to make fun of our misery
more...
desitechie
09-16 06:12 PM
Airtel call quality is really good and it's cheap compare to reliance....I stopped using reliance almost 3 years......if you pay 9.99+taxes will give you 600 minutes talk time and 45 days validity...I also used for australia and singapore, call quality was great...never had any problems...
Thanks. The 45 days validity period starts from the buying day or first use day?
Thanks. The 45 days validity period starts from the buying day or first use day?
hair Individuality 2012 Circle Logo
Leo07
09-10 10:07 AM
^^^^^^^^^^^^bump^^^^^^^
more...
nojoke
11-25 12:22 PM
boreal, cool down. Just think what you will do if you are in that situation.
At personal level ( micro level) these people are making right decisions. As long as you are not committing crime, nothing wrong with making decisions which are good for you. I will probably do the same thing if I am in that situation.
The core problem with system was cheap money because of lax lending standard and low interest rates ( blame Greenspan) and affordable housing (like ACORN from Dems). These decisions are made by people in power and so called smart people. Individuals do have their contribution to the problem but the macro decisions provided them means to have things which they can not afford. The bubble had to burst sooner or later ....
So right now, remember wealth is always relative. So since you haven't bought house, you don't have negative equity or declining value home.You haven't foreclosed so you can still get loan at decent rate and buy house at much cheaper price. All the people with money in the market are affected by recent downturn. So relatively speaking you are doing much better than a lot of other people ....
BTW I am in the same situation as you are and waiting for good opportunity to buy house at cheap price. Do you see the positive side ? I hope you do .....
People like you and boreal are doing much better because you decided that a 2 bed room house for rent is what you can afford because the prices shot up by guys like punjabi who wanted to make money and overbid on an house they cannot afford. Otherwise guys like you and many others would have bought house at a resonable price.
Don't you see what is happening? They live a rich man's life buying house that they cannot afford and then they foreclose with banks taking the hit. The banks in turn gets money from Governement, which they tax on people like you and many others who are renting, so that the guys like pubjabi are entitled to big house and bailouts. This is sick. Where is my bail out money. I want my rent to be subsidized too. I think boreal 's anger is real.
At personal level ( micro level) these people are making right decisions. As long as you are not committing crime, nothing wrong with making decisions which are good for you. I will probably do the same thing if I am in that situation.
The core problem with system was cheap money because of lax lending standard and low interest rates ( blame Greenspan) and affordable housing (like ACORN from Dems). These decisions are made by people in power and so called smart people. Individuals do have their contribution to the problem but the macro decisions provided them means to have things which they can not afford. The bubble had to burst sooner or later ....
So right now, remember wealth is always relative. So since you haven't bought house, you don't have negative equity or declining value home.You haven't foreclosed so you can still get loan at decent rate and buy house at much cheaper price. All the people with money in the market are affected by recent downturn. So relatively speaking you are doing much better than a lot of other people ....
BTW I am in the same situation as you are and waiting for good opportunity to buy house at cheap price. Do you see the positive side ? I hope you do .....
People like you and boreal are doing much better because you decided that a 2 bed room house for rent is what you can afford because the prices shot up by guys like punjabi who wanted to make money and overbid on an house they cannot afford. Otherwise guys like you and many others would have bought house at a resonable price.
Don't you see what is happening? They live a rich man's life buying house that they cannot afford and then they foreclose with banks taking the hit. The banks in turn gets money from Governement, which they tax on people like you and many others who are renting, so that the guys like pubjabi are entitled to big house and bailouts. This is sick. Where is my bail out money. I want my rent to be subsidized too. I think boreal 's anger is real.
hot circle Google+logo+png
whitecollarslave
04-17 06:26 PM
8 USC 1324b
(a)(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
(A) because of such individual’s national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.
(3) “Protected individual” defined
As used in paragraph (1), the term “protected individual” means an individual who—
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;
(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.
So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
(a)(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
(A) because of such individual’s national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.
(3) “Protected individual” defined
As used in paragraph (1), the term “protected individual” means an individual who—
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;
(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.
So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
more...
house The logo – an airplane in a
nrk
08-17 02:05 PM
congrats enjoy.
Hi guys
Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
Wish you good luck guys
Thanks again
Hi guys
Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
Wish you good luck guys
Thanks again
tattoo Google google circles.
gc28262
08-21 12:11 PM
If phone companies resort to misleading advertisements, you can complain to FCC (Federal Communications Commission)
FCC Consumer Complaints (http://esupport.fcc.gov/complaints.htm)
FCC Consumer Complaints (http://esupport.fcc.gov/complaints.htm)
more...
pictures The Holding Hands Logo.
nuke
09-24 02:09 PM
Analysis by BharatPremi is wrong.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
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Prashant
07-09 08:51 PM
I am sure u r pretty scared of us :D
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
more...
makeup Google Circles | Bit Squad
man-woman-and-gc
01-13 11:53 AM
I sent a hand written letter to the President and CC'd it to CA IV PO BOX. and I feel a lot better after writing it.
I have also sent a personalized hand written letter to the local Congressman. I will set up a meeting once I get a positive response or in the next few weeks, whichever is earlier.
Parijat
I have also sent a personalized hand written letter to the local Congressman. I will set up a meeting once I get a positive response or in the next few weeks, whichever is earlier.
Parijat
girlfriend I#39;d be obliged sir.
pitha
10-05 04:15 PM
Seems like there might be an internal memo or understanding between USCIS and DOS not to approve many Eb2 India 485 even though there dates are current, this is the only explanation I can come up for the lack for eb2 india approvals in October. Even with the limited number of visas every quarter I was hoping there would be lot of approvals because of Visa spillover occuring every quarter instead of once every year, but looking at the USCIS performance in the first week of october it seems like there wont be any quarterly spillover at all.
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GCKaMaara
11-21 11:29 AM
I am visiting this thread to see "100". Hit Sachin hit (some one?)
eb_retrogession
01-31 03:51 PM
Bush expected to steer speech away from migrant reform
By Louie Gilot
El Paso Times, January 31, 2006
http://www.elpasotimes.com/apps/pbcs.dll/article?AID=/20060131/NEWS/601310338/1001
By Louie Gilot
El Paso Times, January 31, 2006
http://www.elpasotimes.com/apps/pbcs.dll/article?AID=/20060131/NEWS/601310338/1001
eb_retrogession
01-05 02:48 PM
When I try to go to the thread "Membership Drive Suggestions",
I get the following message:
grimus, you do not have permission to access this page. This could be due to one of several reasons:
1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Log Out Home
Can the admin sort this problem out for me please?
Thanks.
grimus
grimus.
You may not have access to the secured thread. To get access, you need to send an email to info@immigrationvoice.org with your phone number. Someone will contact you and grant you the access. This is just to make sure we are like-minded ppl on the secured threads. Pls remember, there are plenty of anti-immigrants that want to jeopardize our efforts/
I get the following message:
grimus, you do not have permission to access this page. This could be due to one of several reasons:
1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Log Out Home
Can the admin sort this problem out for me please?
Thanks.
grimus
grimus.
You may not have access to the secured thread. To get access, you need to send an email to info@immigrationvoice.org with your phone number. Someone will contact you and grant you the access. This is just to make sure we are like-minded ppl on the secured threads. Pls remember, there are plenty of anti-immigrants that want to jeopardize our efforts/
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