BharatPremi
03-26 03:59 PM
I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.
Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.
Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?
Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).
You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.
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?
Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.
Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?
Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).
You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.
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?
wallpaper With Antoine Dodson#39;s Sex
insbaby
11-12 12:44 PM
I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences
01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that
02. Submit current dated EVL for your new employer. No issue. we can answer that
For my wife also asking for 2 evidences:
01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.
I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.
You can not change what had happened. They already found it.
And you did not do that in purpose and the dependant did not take any advantage during that period. So get a good lawyer and give proper explanation. Being out of status does not disqualify the application immediately. It depends on the explanation and the reviewer. There may be exceptions.
Good luck.
01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that
02. Submit current dated EVL for your new employer. No issue. we can answer that
For my wife also asking for 2 evidences:
01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.
I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.
You can not change what had happened. They already found it.
And you did not do that in purpose and the dependant did not take any advantage during that period. So get a good lawyer and give proper explanation. Being out of status does not disqualify the application immediately. It depends on the explanation and the reviewer. There may be exceptions.
Good luck.
eb2_mumbai
09-25 10:24 AM
I agree the numbers seem to include dependents. I mean while looking at EB2 numbers you can see average 1000 - 1500 applications per month which translates to roughly 400 - 700 primary applications (labor) filed each month. That looks reasonable.
2011 The 15th Annual Webby Awards -
gtg506p
01-08 02:24 PM
I will participate in this wholeheartedly. One suggestion to the admin: perhaps we can post this in other websites also like ? I know a lot of people use that site for posting problems etc and whoever is not in IV might also get to know about it.
more...
sri1309
01-15 07:31 AM
Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants
http://citizensbriefingbook.change.gov
http://citizensbriefingbook.change.gov
agadre
06-29 06:02 PM
I tend to believe the CIR angle to this. Since, teh time CIR has failed, these Rumours have surfaced.....
Another poison choice!!!!
To make it look politically correct, I guess the new revised buletin won't be out till the end of 1st week july. They will make it look natural and stop taking new applications from 9th. :D
Another poison choice!!!!
To make it look politically correct, I guess the new revised buletin won't be out till the end of 1st week july. They will make it look natural and stop taking new applications from 9th. :D
more...
immigrationvoice1
10-18 02:49 PM
Credit report check is not part of the name check.
Thank you very much lazycis.
Thank you very much lazycis.
2010 The 15th Annual Webby Awards -
logiclife
01-04 10:23 AM
Because even with this detailed information on the mechanics of immigration legislation, we cannot figure out who is friendly and who is not and who to lobby to and who to ignore.
This kind of complicated stuff is not a typical IT programmers domain.
This kind of complicated stuff is not a typical IT programmers domain.
more...
wellwishergc
02-24 02:35 PM
Pages 245 and 246 includes recapture clause
From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
hair Webby Awards
gaz
01-09 02:16 PM
pappu,
when talking to my friends about IV I have observed the following:
1) they prefer to "visit" the iv site to get a first hand look at what IV is about
2) they tend to classify IV as a discussion forum rather than a movement - a couple of people have said that they did not notice any difference between IV and the other boards. they bookmark it and come back only when they have a burning question.
3) once i tell them about IV's achievements they do seem interested but most appear to be afraid (or lazy?) in actively joining - either monetarily or otherwise.
4) some people do not even want to post questions actively - instead ask me the question and expect me to post the question/ help them out with a response (not sure why - privacy issues?) - have others seen this also?
I don't know how to convince the lazy ones - but for the others, would it make sense to restructure the site a little bit so that the home page is a little less noisy and has only information about the underlying movement , IV's achievements and then has a link to the the message board (as a feature of IV rather than it defining IV)?
I think we are making a big deal of red and green dots. It is only in recent times that people are complaining so much about misuse. We can get rid of it, but then moderation will be tough. I do not think that is the reason for not participating. We do not have much awareness about IV in the community. When we say half million applications are pending, why are we not getting those on IV?
We need help in raising awareness about this cause in the community. Let us make that as the first action item this new year. All members can take initiatives and help. It does not cost any money and IV is not asking any money. We just need more participation.
when talking to my friends about IV I have observed the following:
1) they prefer to "visit" the iv site to get a first hand look at what IV is about
2) they tend to classify IV as a discussion forum rather than a movement - a couple of people have said that they did not notice any difference between IV and the other boards. they bookmark it and come back only when they have a burning question.
3) once i tell them about IV's achievements they do seem interested but most appear to be afraid (or lazy?) in actively joining - either monetarily or otherwise.
4) some people do not even want to post questions actively - instead ask me the question and expect me to post the question/ help them out with a response (not sure why - privacy issues?) - have others seen this also?
I don't know how to convince the lazy ones - but for the others, would it make sense to restructure the site a little bit so that the home page is a little less noisy and has only information about the underlying movement , IV's achievements and then has a link to the the message board (as a feature of IV rather than it defining IV)?
I think we are making a big deal of red and green dots. It is only in recent times that people are complaining so much about misuse. We can get rid of it, but then moderation will be tough. I do not think that is the reason for not participating. We do not have much awareness about IV in the community. When we say half million applications are pending, why are we not getting those on IV?
We need help in raising awareness about this cause in the community. Let us make that as the first action item this new year. All members can take initiatives and help. It does not cost any money and IV is not asking any money. We just need more participation.
more...
skd
07-11 12:26 AM
yes, he speaking about problem faced by all of us
hot Webby Awards in New York,
addsf345
10-09 02:02 PM
I agree with what you are saying. But, we need to compare the taxes too. Not sure of the taxes charged by vonage when compared with teleblend.
even if the taxes are slightly more, vonage gives you 2 months free (save $50) and ships you adapter free, no shipping and activation with a referral. Your referrer gets 2 months free too. If you put this in to mathematics, vonage may come out cheaper than teleblend. Additonally its much more established and bigger VOIP provider.
However teleblend now offers unlimited US, Canada etc only for $99 for 1 year. This is unbeatable as it comes out roughly $8 per month. Good option to consider for those who do not need unlimited india plan.
even if the taxes are slightly more, vonage gives you 2 months free (save $50) and ships you adapter free, no shipping and activation with a referral. Your referrer gets 2 months free too. If you put this in to mathematics, vonage may come out cheaper than teleblend. Additonally its much more established and bigger VOIP provider.
However teleblend now offers unlimited US, Canada etc only for $99 for 1 year. This is unbeatable as it comes out roughly $8 per month. Good option to consider for those who do not need unlimited india plan.
more...
house Antoine Dodson was spotted on
gc_chahiye
06-25 01:02 AM
cannot locate my wife's OPT card from 2003
all other documents for status are available
how important is that card?
any way to get a duplicate/copy??
you might be able to get a duplicate by contacting the college/university.
my case is somewhat similar, but I dont have that option: I was on L2-EAD and I cannot find that damn EAD card (needed for filing EAD based on I485). However I do have the older I-797 so can atleast prove status...
all other documents for status are available
how important is that card?
any way to get a duplicate/copy??
you might be able to get a duplicate by contacting the college/university.
my case is somewhat similar, but I dont have that option: I was on L2-EAD and I cannot find that damn EAD card (needed for filing EAD based on I485). However I do have the older I-797 so can atleast prove status...
tattoo Webby Awards 2011
desi3933
06-18 12:06 PM
.... If they can't find a guy, most companies now a days are putting off projects and wait. So your campaign on this scale will not help H1Bs at all. ...
>> If they can't find a guy ....
Total BS. Do you know how the market is. We have 2 open positions (dot net developers) that I am trying to fill up. We have got over 200 resumes in less than a week.
So many consulting companies are offering H1-B resources at 40 to 50 dollars per hour.
Wake up and smell the coffee.
>> If they can't find a guy ....
Total BS. Do you know how the market is. We have 2 open positions (dot net developers) that I am trying to fill up. We have got over 200 resumes in less than a week.
So many consulting companies are offering H1-B resources at 40 to 50 dollars per hour.
Wake up and smell the coffee.
more...
pictures Oh H*ll No: Antoine Dodson
shahuja
02-12 06:58 AM
FINALLY I GOT MY PP with Visa Stamp today !!!!
the status changed on the VFS website 'pp delivered' in the morning around 11am.
Here is my case:-
Int for H1B renewal, same company same job, at New Delhi consulate - 14th Jan. VO said "approved, you will get your passport couriered to your home in a couple of days'.
10 days went by and no response. By Feb 1st week, i started calling DOS ..DOS confirmed to have sent the clearance on Jan 25th..
Since then my lawyers and me have been trying to find out the reason for delay from both DOS and embassy.. NO LUCK @@
today on Feb 12th..30 calendar days..i got my pp back. And I am flying back home tonight.
Thanks to everyone who helped me and supported me during this long wait.
In my opinion my case was delayed only for PIMS..but since i had H4, F1, studied at 4 schools, and fairst H1 and this H1B renewal..it took VO good amount of time correlate and work on all this.
I guess mostly delays are for renewals and for people specially with longer history in states. The embassy's are swamped with work and now days a general processing time has been made to 30 days. Infact its also mentioned on their website that most cases are completed withing 30 days..Just FYI..even for PIMS verification, the embassy will report to you as administrative delay.
I hope all this helps to people who are still waiting and who may have long waits in future.
Once again all the best.
Shweta
the status changed on the VFS website 'pp delivered' in the morning around 11am.
Here is my case:-
Int for H1B renewal, same company same job, at New Delhi consulate - 14th Jan. VO said "approved, you will get your passport couriered to your home in a couple of days'.
10 days went by and no response. By Feb 1st week, i started calling DOS ..DOS confirmed to have sent the clearance on Jan 25th..
Since then my lawyers and me have been trying to find out the reason for delay from both DOS and embassy.. NO LUCK @@
today on Feb 12th..30 calendar days..i got my pp back. And I am flying back home tonight.
Thanks to everyone who helped me and supported me during this long wait.
In my opinion my case was delayed only for PIMS..but since i had H4, F1, studied at 4 schools, and fairst H1 and this H1B renewal..it took VO good amount of time correlate and work on all this.
I guess mostly delays are for renewals and for people specially with longer history in states. The embassy's are swamped with work and now days a general processing time has been made to 30 days. Infact its also mentioned on their website that most cases are completed withing 30 days..Just FYI..even for PIMS verification, the embassy will report to you as administrative delay.
I hope all this helps to people who are still waiting and who may have long waits in future.
Once again all the best.
Shweta
dresses The 15th Annual Webby Awards -
pyrosleepy
06-21 02:53 PM
I got fired last April. I had my I-140 approved. Employer HR told me will not withdraw I-140 but cannot give me employer letter. How should I proceed with filing I-485? Please help.
Thanks
Thanks
more...
makeup from Antoine Dodson and
SunnySurya
08-07 11:28 AM
Don't know if it is going to be that fast, I need aroung 50 victims. But we are getting there.
I challange you to file this lawsuit in the month of august.
Let us see if you really are a man of word and action.
I challange you to file this lawsuit in the month of august.
Let us see if you really are a man of word and action.
girlfriend The 15th annual Webby Awards
anil_a
09-21 01:38 AM
I am also July 2nd filer with no checks being cashed yet, and no other activities around my case. What can we do when the waiting period is over 90 days???
hairstyles The 15th annual Webby Awards
satyasaich
01-10 09:48 AM
Subject: From the office of Congressman Todd Akin
Date: Tue, 10 Jan 2006 10:25:23 -0500
Thank you for contacting me and expressing concern regarding
immigration.
As you are aware, the massive influx of illegal aliens is one of the
most important issues confronting our nation. According to the Center for
Immigration Studies, there are at least 8 million illegal immigrants in
the United States. The United States Census Bureau estimates that the
illegal population in the United States grows by at least 500,000 per
year. All Americans have good reason to be concerned about this issue,
given the dynamics of assimilation, language and employment raised by
illegal immigration.
Amnesty proposals and guest worker permits are just some of the options
that Congress currently is considering. Another possibility is the H2B
Working Visa, which allows foreign nationals to enter the United States
temporarily to meet a one-time need in non-agricultural employment.
This is a good option, but I would not support H2B visas whose provisions
could not be enforced strictly and were not offset by immigration
cutbacks in some other area.
The problem with most of the options before us is that they do not deal
with the fundamental problem at hand: Millions of immigrants have
entered the country illegally. When we can establish firm, thorough and
effective enforcement measures we can better address the appropriate level
and need for H1 and L1 visas.
Border control is essential for our economic and physical security. I
appreciate your deep concern with this issue, and will keep your
thoughts in mind as Congress considers our legislative options.
Again, thank you for contacting me. Feel free to contact me again if I
might be of assistance in the future
----------
Indeed i approached him specifically for backlog reduction and other important features (similar to those in S1932 Sec8001) but i got the above response.
Anyway, one thing is very clear: We need to increase efforts in a much productive manner to clearly emphasise on legal immigration which is broken & SHALL NEVER be kept in the same tray of illegal immigration
Date: Tue, 10 Jan 2006 10:25:23 -0500
Thank you for contacting me and expressing concern regarding
immigration.
As you are aware, the massive influx of illegal aliens is one of the
most important issues confronting our nation. According to the Center for
Immigration Studies, there are at least 8 million illegal immigrants in
the United States. The United States Census Bureau estimates that the
illegal population in the United States grows by at least 500,000 per
year. All Americans have good reason to be concerned about this issue,
given the dynamics of assimilation, language and employment raised by
illegal immigration.
Amnesty proposals and guest worker permits are just some of the options
that Congress currently is considering. Another possibility is the H2B
Working Visa, which allows foreign nationals to enter the United States
temporarily to meet a one-time need in non-agricultural employment.
This is a good option, but I would not support H2B visas whose provisions
could not be enforced strictly and were not offset by immigration
cutbacks in some other area.
The problem with most of the options before us is that they do not deal
with the fundamental problem at hand: Millions of immigrants have
entered the country illegally. When we can establish firm, thorough and
effective enforcement measures we can better address the appropriate level
and need for H1 and L1 visas.
Border control is essential for our economic and physical security. I
appreciate your deep concern with this issue, and will keep your
thoughts in mind as Congress considers our legislative options.
Again, thank you for contacting me. Feel free to contact me again if I
might be of assistance in the future
----------
Indeed i approached him specifically for backlog reduction and other important features (similar to those in S1932 Sec8001) but i got the above response.
Anyway, one thing is very clear: We need to increase efforts in a much productive manner to clearly emphasise on legal immigration which is broken & SHALL NEVER be kept in the same tray of illegal immigration
GCOP
08-20 01:40 PM
I read one post on one of the IV thread. According to that 740,969 Applications are including Family based application. according to that post there are about 400,000 Employment based AOS applications pending.
bharani
10-31 10:40 AM
Posted all four letters an hour back.
Tidak ada komentar:
Posting Komentar