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  • pappu
    06-25 06:12 PM
    IV members have saved you a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing there personal paperwork and + lobbying.
    Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
    I hope people who posted on this thread and those whose question got answered consider contributing to IV. This was an important question confronting lot of people and lawyers were giving different and vague answers. All the information was researched and given to our members. Everyone was spending hundreds of dollars each asking lawyers this question. Contributing is a way to express your support for the community.

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  • srikondoji
    07-11 08:03 AM
    Losks like IANS also picked up story which is re-published by the following website.

    Also the flower campaign news item has a link on the main/front page of washingtonpost now.

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  • letstalklc
    08-26 04:35 PM

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  • vdlrao
    03-29 06:08 PM
    Based on your calculations , Experts, please let us know what to expect, if 12000 GC are released for EB2. Where will the cutoff come and stop..
    Can you please post that link that shows how many are waiting year-wise.

    12000 GCs for EB2 India and China means, with out any doubt it fetches 5 months forward movement.

    But at present scenario EB2 China is at 22JUL06 and Eb2 India is at 08 May 2006.

    On an average EB2 India has a demand of 1.5k per month.

    EB2 China has a demand of 700 per month.

    So the EB2 India moves 7 months ahead where as China moves 4 months ahead.

    So both EB2 India and China will have the same Cut Off dates and it would/might be: May + 7 Months = December 2006 .

    This is my assumtion.



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  • whitecollarslave
    03-26 05:43 PM
    I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.

    Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?

    May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!

    There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -

    They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.

    For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.

    HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.

    So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?

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  • gjoe
    08-07 10:25 AM
    I am saying there are problems with USCIS not just the one you are pointing out.
    My point is if more and more people like you file lawsuits against USCIS for the different kinds of injustice they think USCIS, DOL and DOS had brought on them, we ( all EB categories)will be in better shape to fight together for the bigger cause which is more predictable process and processing and closing as many loopholes as possible in the employment GC journey.

    Thank you , you are the first one to understand my message.
    Thousands of people are paying thousands of dollars to port to EB2 but they can't spare even a shameful 5 bucks to support a truly great initiative.
    By the way , I am serious about lawsuit. As it will block an easy way out for most people.


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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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  • Desichakit
    08-07 08:46 AM
    So now its Old Wine that too illogical in new Bottle. I can at best say that it if you do not agree with some one then at least do not use its resource.


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  • pd_recapturing
    11-07 12:22 PM
    Guys, we have already seen the Dec visa bulletin and there is absolutely no change in processing dates so its even more important to fix the AC21 issue ASAP. With this huge delay in 485 approval, more and more people will force to get into AC21 and will see more denials.
    So please please, send letters.

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  • svkrishna
    01-31 02:05 AM
    We had our interview on January 17th in chennai Consulate. Interview was smooth - which company.. how long you were working for the company and what do you do there.. these were the questions. We were told at the end that we will receive passports within a week.

    So far We ( H1B extension -- 3rd time and my wife - H4( 2nd Time), have not received the passports. I already postponed our date of travel to Feb 5th. Looks like I have to postpone again.

    Calling VFS daily to hear the same news.. Passports not been handed over VFS. The VISA is still under process.

    Called Consulate Twice ... they say they are doing security checks..

    for how long???



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  • jthomas
    05-09 01:11 PM
    This is one of the key reasons why we are not successful in our mission. All we can do is "lets kill H1/L1 so I can get GC", "lets not worry about EB3 as long as my EB2 is fine!". The only way we can make any progress is to stay united. Lets not try to find carrots that would really be sticks on people who are also part of this cause.

    EB3-I and EB2-I are both the same. EB3-I can port to EB2-I when the PD comes near. This is a normal human tendency and anybody would like to do it. The present EB3 guys are just waiting for the EB2 PD's to progress and they would move to EB2. I don't see anything wrong in that.
    Lets come up with some action plan. Maybe we can draw the media's attention or send letters to our lawmakers and white house.

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  • grupak
    03-24 03:14 PM
    Its a little hard to understand how the issue of 'work authorization' cannot be raised during interview or hiring process.

    The details escapes me... at some point in the long past I was looking into what kind of questions employers should and shouldn't ask. If I come across anything again then I will surely post.

    As far as EAD is concerned, the employers shouldn't discriminate. Especially if more than 90 days are left on it since that's the time-frame govt promises to issue a new EAD. The employer might feel better to work with a citizen or GC or a person of certain ethnic background or national origin. However, thats the kind of decisions the employer is not allowed to make. Employer has to accept EAD, everything else being equal. When the law is not followed and it harms us, we have to fight it back.

    I realize employers sometime end up asking questions that they shouldn't like the obvious ones such as age and marital status.


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  • gconmymind
    10-02 03:06 PM
    Another approval to report. My wife's GC got approved yesterday, got CPO email.

    Goodluck to all!

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  • 7software
    09-15 05:24 PM
    I would like to give update on visa availability. My PD is 03/06- EB2. Opened SR for me and my spouse on 08/30/10

    1. For me, letter by USPS came stating that, I485 is at USCIS local office and will notify about decision in 30 days

    2. Spouse got below response by email (On 09/13/2010)

    "The status of this service request is:

    Your I-485 application is waiting for a visa number to become available. When it becomes available, it will be assigned to an adjudicator to make a decision on the case.

    If you have not heard from the service within 30 days after your number becomes available, you can make an Info pass appointment to visit the Customer Service Division,
    at the District office"

    On 09/14/10 we took infopass and spoke to customer service representative. She told that visa Numbers are not available any more and also checked validity of finger prints in system.

    Told us that they are expired (Till now we gave 2 times, one in sept 07, 2nd one in may 09 (FP are valid for for 15m)) - I guess we need to give 3 rd time soon.

    She told that dates for FP at ASC center are not available and will try to send us ASAP when Visa Numbers are available.


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  • Nagireddi
    08-25 03:57 PM
    I use sprint data card with a router at home for DSL. Anybody has an idea whether Vonage works with this kind of DSL.Any ideas/thoughts are appreciated.Thank you guys.

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    07-10 09:46 PM


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  • cbpds
    04-06 04:42 PM
    Dont worry boehner and obama will pass a short term budget once again......its all political posturing most of the time

    Unfortunately the Timing of IV Advocacy day, and also May 2011 VB schedule at a wrong date. If the Govt Shutdown due to the budget deadlock, I'm not sure how both of these days will play out. Any Idea guys. :confused:

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  • guest_mister_08
    08-17 03:17 PM
    I have received Courtesy copy of I485 Approval notice, and law firm received the Original I485 Approval Notice.

    Is there any use for Original I485 Approval Notice or just Green Card is Enough?

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  • GC08
    07-09 08:19 PM
    Correct me if there is a misunderstanding due to culture differences.

    The flowers are by no means a complement. They pass them to other people and basically, they are forwarding the shame to them as well. Whoever receives it would feel offended. Don't you think so? :rolleyes:

    If this is not the paramount of their stupidity, I do not know what else is. Oh wait, it is USCIS... who knows what other crazy thing they may do. :D

    This is just getting better and better... Make sure get a screen print for future reference. Maybe a message should be attached to the flower too so that no matter who receive it, they will know who and what that is for. :D

    10-02 04:13 PM
    Got a letter for My wife's case, from USCIS asking for "to complete vaccination" , need to provide them in 30days else denial .
    Whats going on?

    01-25 12:11 AM
    Actually, this is a new rule it seems. We also faced it this time. Airlines have to verify the visa. When I was flying through Air India via jfk and also when I was returning from India, both times my visa on my passport was scanned by airlines official. You will see some guy carrying a laptop kind of device and he/she will scan your visa before even you go for boarding pass. In our case, since visa was expired they asked for Advanced Parole.

    It was on Dec 2005 . Luftansa . Chennai - Frankfurt- Dallas . I was waiting for my boarding pass . I handed over my e ticket to the lady at the counter. Instead of issuing the boarding pass , she asked me about my H1B papers. I got confused . Why should I show my papers to this lady ? . Since it was my very first trip to US , I meekly showed her my papers.After that she had issued the boarding pass.

    Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.

    Don't think only Non-Indians treat Indians shabbily. Our enemy is within.

    If I happened to see that lady once again in Chennai -------