at0474
12-13 11:35 AM
Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
--I think, per country quota system was framed with diversification as underlying principle, not discrimination.
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
--I think, per country quota system was framed with diversification as underlying principle, not discrimination.
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
wallpaper Mercedes-enz ATEGO 1222
samay
07-14 07:05 AM
My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school�9th grade to be precise. I never got it corrected and came to us �visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, � now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. �.. the only 2 things which are not in my first name last name format is
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name
one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.
Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively�or I should wait for USCIS decision .. Usually RFE is given 30 � 40 days to reply and I don�t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS �. A lawyer�s opinion is much needed and appreciated.
Thanks for your help
-M
PS: my priority is Feb 2007 EB3
Please do get your passport in order. You should have got it done a long time back. I think it is fairly straightforward procedure. You can make an appointment with the Indian Consulate and take it from there.
Please do not wait for a RFE to do that.
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name
one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.
Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively�or I should wait for USCIS decision .. Usually RFE is given 30 � 40 days to reply and I don�t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS �. A lawyer�s opinion is much needed and appreciated.
Thanks for your help
-M
PS: my priority is Feb 2007 EB3
Please do get your passport in order. You should have got it done a long time back. I think it is fairly straightforward procedure. You can make an appointment with the Indian Consulate and take it from there.
Please do not wait for a RFE to do that.
snram4
01-15 04:23 PM
Probably you may be receiving green dots from the members who are from non-bodyshoppers and red dots from the persons who are working in bodyshoppers. Basically every individual want a law which is favourable for him. If it is against him he will oppose even if that is correct. It is normal.
I'm not sure why ppl gave me red for posting a business practice of desi dallas.
Can you please tell me if what I posted is wrong or you just don't want to accept the facts?
I trust the talent of desi dallas, they will come up with a way to circumvent this
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff
I'm not sure why ppl gave me red for posting a business practice of desi dallas.
Can you please tell me if what I posted is wrong or you just don't want to accept the facts?
I trust the talent of desi dallas, they will come up with a way to circumvent this
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff
2011 Mercedes-enz ATEGO 1222
go_guy123
05-10 01:04 AM
You are right on the mark. Need to be physically present 2 years of the next 5 years for your immigration status to be alive in Canada,
Yes true you might as well stay for 3 years and be eligible for citizenship.
Yes true you might as well stay for 3 years and be eligible for citizenship.
more...
kumarc123
07-23 01:56 PM
vdlrao is everyone's friend these days ...not only urs ... :-)
Don't worry you are my friend too, as well as all the IV members
Take Care
Don't worry you are my friend too, as well as all the IV members
Take Care
Jerrome
05-11 04:45 PM
This is totally correct!!!
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf
more...
vinrobo
07-21 02:05 PM
When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.
sad indeed. but its not isolated to bay area.
sad indeed. but its not isolated to bay area.
2010 Mercedes-enz ATEGO 1222
chanduv23
02-13 12:16 PM
its been a while i read the forums..
well... well !! chandubhai finally cooled down and talking wisdom :-)
well "the intent is the same" :) just following some wonderful advices from some good samaritans :)
But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.
well... well !! chandubhai finally cooled down and talking wisdom :-)
well "the intent is the same" :) just following some wonderful advices from some good samaritans :)
But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.
more...
amitjoey
07-03 04:57 PM
What did you put in the subject field.. It is very important to have right words in subject field so at least they will open the email and see what's in it..
"Immigration scandal goes unnoticed"
or "USCIS drama and tantrum to lessen workload"
or "Is this legal?"
or "Resignations due at USCIS"
or "Foul Play synonym USCIS Play"
"Immigration scandal goes unnoticed"
or "USCIS drama and tantrum to lessen workload"
or "Is this legal?"
or "Resignations due at USCIS"
or "Foul Play synonym USCIS Play"
hair Prodám Mercedes-Benz Atego
ramus
07-03 04:29 PM
I digged it..
Lets digg this please..
Lets digg this please..
more...
snthampi
07-31 04:16 PM
Some morons also gave me red. U do not have guts to express yourself out and just want to give red dots . It is quite cynical. typical of their nature. They do not want to have fun. They do not want others to have fun.
I agree. For many people having fun is about making money. We can't change them. So, we need to just ignore and move on.
I agree. For many people having fun is about making money. We can't change them. So, we need to just ignore and move on.
hot Truck of the Year 2011 Atego
AirWaterandGC
07-11 06:07 PM
Would you be knowing if it is possible to apply for PR again once the PR expires ? Or when the PR isclose to expiration ? Thanks for your help.
I have lived in Canada for 15 years, immigration system is healthy and fast enough for my family to come over. My friend who has a Master degree used to work for Xerox, quit his job go back to Canada. After 3 months he found a professional job. Personally I havent encountered such thing as discrimation or no jobs situation as serious as it mentioned on the web site.
Talking about discrimation, dont tell me you havent been discriminated from your company in the certain degree...
I have lived in Canada for 15 years, immigration system is healthy and fast enough for my family to come over. My friend who has a Master degree used to work for Xerox, quit his job go back to Canada. After 3 months he found a professional job. Personally I havent encountered such thing as discrimation or no jobs situation as serious as it mentioned on the web site.
Talking about discrimation, dont tell me you havent been discriminated from your company in the certain degree...
more...
house LFB / MERCEDES BENZ ATEGO PUMP
nashim
10-12 05:32 PM
I don�t have money to buy a house now but I think the idea is really great because waiting line will be shorter for the person who can�t buy a house now like me, if people get GC based on this proposal.
tattoo MB ATEGO 1222 mit Kastenaufbau
hopefulgc
05-29 03:38 PM
IV needs to bring up Charles to the podium and have him answer our questions.
Why?
Because his statements do not make numerical sense.
If he cannot answer our questions, we need someone else to take his job who can.
I am pissed.. are you?
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
Why?
Because his statements do not make numerical sense.
If he cannot answer our questions, we need someone else to take his job who can.
I am pissed.. are you?
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
more...
pictures “Atego 1222 L EEV Blue Tec
thomachan72
09-24 04:17 PM
EB-I will be in mid or late 2006 by Sep 2009.
You meant Sep 2010, right? we are already about to cross into October 2009
You meant Sep 2010, right? we are already about to cross into October 2009
dresses Ich biete: Atego 1222
rajeev_74
09-24 06:59 AM
for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
more...
makeup Back to product card: Mercedes-Benz Atego 1222
go_guy123
06-12 12:10 AM
...were forced to leave. This is the darwinian flush and it will take its toll. ......
Without any visa capture....EB2/EB3 India will get flushed in this deep recession.
Without any visa capture....EB2/EB3 India will get flushed in this deep recession.
girlfriend Mercedes-Benz Atego 1222
sanju
09-23 11:07 AM
Emailed everyone on the list. Great Draft. Now calling my wife to send the emails. Later I will email my friends to send out the same communication. Great work Nixstor!
hairstyles Ich biete: ATEGO 1222 K
chanduv23
02-14 02:39 PM
chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?
yabadaba - Talk to ur chapter lead - for clarification, or just PM the core team :)
yabadaba - Talk to ur chapter lead - for clarification, or just PM the core team :)
Macaca
07-03 09:01 PM
I will need everyone's input since I don't know all issues.
Titles
"Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"
Retrogression in employment based (EB) legal permanent resident (= GC) process
Skilled tax paying immigrants
Adjustment of Status (AOS) is last stage in EB GC process
AOS application requirements
Application requires
Medical
increase in (hard to get) appointments across United States
Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)
Birth certificate
request for documentation in country of origin
Requires applicant and dependents (spouse + children) to be in country.
Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)
2-3 days to prepare forms
Applicants changed their schedules to submit forms
Cost of applying
Application Fee
I-765 (Application for Employment Authorization) $180
I-485 (Application for Adjustment of Status to register as Permanent Resident)
($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
I-131 (Application for Advance Parole / Travel Document) $170 -
Biometric Recording Fees (Finger Printing, etc) $70
Total $745
Lawyer Fee $1000+
Others
Medical $250+
Pictures $30-40
Postage $50
Misc $50
2 Days off Work
Overseas travel to fill form
Looks like only $380+ is lost per applicant.
Need good estimate on #dependents!
Benefits of AOS application
provides Employment Authorization (EAD) that
allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
allows spouse to get out of the house and contribute to American economy.
eliminates the need for continually renewing temporary skilled visa
A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
USCIS gets a better load estimate for load balancing.
What happened
Applicants started filling forms on June 13th
Some applicants mailed forms on June 29th
USCIS announced on July 2 that it will not accept forms recieved on or after July 2
Why does it hurt
Waiting in line for 6+ years due to previous GC processing delays
Very little chance of legislative relief for a long time.
Rejected June filers can not re-file.
Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
$'s lost on re-applying
Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
Medical will not be valid after 1 year and photos will not be valid after 6 months.
estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
USCIS which is supported 90% by application fee should pay some attention to applicants
Special cases
I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)
Individual trauma and stress
Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)
The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
Applicants will always live in fear untill they receive receipt #
USCIS history
376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
According to page 35 of ombudsman report, This loss of visas is due to:
gaps in USCIS’ accounting of cases;
USCIS not processing enough pending applications in a timely manner; and
the imprecise art of predicting workflows and demand surges at three federal agencies:
Department of Labor (DOL) (approves labor certifications);
USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).
Comparison with Undocumented
Titles
"Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"
Retrogression in employment based (EB) legal permanent resident (= GC) process
Skilled tax paying immigrants
Adjustment of Status (AOS) is last stage in EB GC process
AOS application requirements
Application requires
Medical
increase in (hard to get) appointments across United States
Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)
Birth certificate
request for documentation in country of origin
Requires applicant and dependents (spouse + children) to be in country.
Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)
2-3 days to prepare forms
Applicants changed their schedules to submit forms
Cost of applying
Application Fee
I-765 (Application for Employment Authorization) $180
I-485 (Application for Adjustment of Status to register as Permanent Resident)
($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
I-131 (Application for Advance Parole / Travel Document) $170 -
Biometric Recording Fees (Finger Printing, etc) $70
Total $745
Lawyer Fee $1000+
Others
Medical $250+
Pictures $30-40
Postage $50
Misc $50
2 Days off Work
Overseas travel to fill form
Looks like only $380+ is lost per applicant.
Need good estimate on #dependents!
Benefits of AOS application
provides Employment Authorization (EAD) that
allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
allows spouse to get out of the house and contribute to American economy.
eliminates the need for continually renewing temporary skilled visa
A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
USCIS gets a better load estimate for load balancing.
What happened
Applicants started filling forms on June 13th
Some applicants mailed forms on June 29th
USCIS announced on July 2 that it will not accept forms recieved on or after July 2
Why does it hurt
Waiting in line for 6+ years due to previous GC processing delays
Very little chance of legislative relief for a long time.
Rejected June filers can not re-file.
Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
$'s lost on re-applying
Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
Medical will not be valid after 1 year and photos will not be valid after 6 months.
estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
USCIS which is supported 90% by application fee should pay some attention to applicants
Special cases
I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)
Individual trauma and stress
Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)
The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
Applicants will always live in fear untill they receive receipt #
USCIS history
376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
According to page 35 of ombudsman report, This loss of visas is due to:
gaps in USCIS’ accounting of cases;
USCIS not processing enough pending applications in a timely manner; and
the imprecise art of predicting workflows and demand surges at three federal agencies:
Department of Labor (DOL) (approves labor certifications);
USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).
Comparison with Undocumented
vdlrao
07-24 11:30 AM
Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D
You are right prioritydate , there would be lot of things happen in employment based immigration in the next two years. This would cause a great relief for EB3 India including whole EB3.
You are right prioritydate , there would be lot of things happen in employment based immigration in the next two years. This would cause a great relief for EB3 India including whole EB3.
