mahujam
08-04 01:54 PM
What is your application PD and Category?
My priorty date is 17th Jan 2003 Eb3(2)-India.
485 filed on 31st july 2007.
I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
Has anyone else gotten a lud on their I-140 also ?
Thanks.
My priorty date is 17th Jan 2003 Eb3(2)-India.
485 filed on 31st july 2007.
I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
Has anyone else gotten a lud on their I-140 also ?
Thanks.
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atlfp
05-02 11:14 AM
This seems to be a backup bill in case CIR fails. Let figure out someway to sink CIR then. :)
-- removing unnecessay quote...- Moderator
-- removing unnecessay quote...- Moderator
venetian
08-26 06:23 PM
I think I'm one of last person with the PD of 2005 to get approved.
Service Center NSC.
Had two infopass appointments
Raised SR on 8/5/2010
Many calls to USCIS national customer service
Spoke once to second level IO
Also contacted local congress man and tow senators
My lawyer also contacted NSC regarding my case
Not sure what worked but finally got it. Thank god that this eternal wait is over.
Good luck to those who are all waiting.
Service Center NSC.
Had two infopass appointments
Raised SR on 8/5/2010
Many calls to USCIS national customer service
Spoke once to second level IO
Also contacted local congress man and tow senators
My lawyer also contacted NSC regarding my case
Not sure what worked but finally got it. Thank god that this eternal wait is over.
Good luck to those who are all waiting.
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desi3933
06-28 06:46 AM
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(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) 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 --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(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) 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 --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(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) 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 --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(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) 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 --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
lakshman.easwaran
08-15 03:24 PM
My I-140 is pending at TSC. Filed 485 on July 25 and reached NSC on July 26. Today I noticed that LUD on 140 case has changed to 08/12/2007. I guess my case is transferred to TSC.
miapplicant
10-04 11:30 AM
All,
I just want to share some goods news from side.
All my checks got cashed today. I applied on July 23rd at NSC and got the receipt #'s from WAC.
I hope who ever is waiting for RN's they will get soon.
Thanks,
-rk.
Wow, I was in the same boat as you but we still have not heard anything:( What should we do?
I just want to share some goods news from side.
All my checks got cashed today. I applied on July 23rd at NSC and got the receipt #'s from WAC.
I hope who ever is waiting for RN's they will get soon.
Thanks,
-rk.
Wow, I was in the same boat as you but we still have not heard anything:( What should we do?
more...
manubilga
06-12 07:07 PM
My case file on 06/01/07 but i did not get any conformation
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smuggymba
07-21 10:34 AM
I was trying to reach Sant Chatwal via email, he is an immigrant close to Hilary Clinton; not sure if he will/can help. Is it worth some try?
more...
TheOmbudsman
06-26 03:24 PM
Well, even the traffic/speeing violation may become a crime. It just depends on how many times you keep doing it !
I am sorry stucklabour but a traffic/speeding violation is a misdemeanour and not breaking the law. Being in this country illegally is actually breaking the law. Now i am not going to get suckered into a whole legals v/s illegals debate, but at some level i do feel that undocumented workers HAVE broken the law. Besides the argument that "everyone does it" really doesnt cut it. 10 wrongs do not make 1 right. If you look at the punishment for the 2 things a speeding violation leads to a simple fine, a violation of Visa leads to deportation.
Now i personally dont care, whether the US Govt asks the undocumented to stay or leave. What i DO care about is, how we, the legals are treated. So whether the illegals are mexican, indian, chinese, cambodian or actual aliens from Mars, the policy should be: "If you come the right way, you will make it in, if you come the wrong way, you will either NOT make it in at all, OR will have to wait much longer than the people who came in the right way". So poeple pls stop the "racist" remarks against Just the Mexican community and culture. On the other hand the moderators too have to understand that everyone here does have a right to express SOME opinions regarding the undocumented/illegal immigrants. When you see urself and people doing things the right way waiting for years, as opposed to people doing things the wrong way being literally gifted Green cards, it does raise anger and frustration levels.
I am sorry stucklabour but a traffic/speeding violation is a misdemeanour and not breaking the law. Being in this country illegally is actually breaking the law. Now i am not going to get suckered into a whole legals v/s illegals debate, but at some level i do feel that undocumented workers HAVE broken the law. Besides the argument that "everyone does it" really doesnt cut it. 10 wrongs do not make 1 right. If you look at the punishment for the 2 things a speeding violation leads to a simple fine, a violation of Visa leads to deportation.
Now i personally dont care, whether the US Govt asks the undocumented to stay or leave. What i DO care about is, how we, the legals are treated. So whether the illegals are mexican, indian, chinese, cambodian or actual aliens from Mars, the policy should be: "If you come the right way, you will make it in, if you come the wrong way, you will either NOT make it in at all, OR will have to wait much longer than the people who came in the right way". So poeple pls stop the "racist" remarks against Just the Mexican community and culture. On the other hand the moderators too have to understand that everyone here does have a right to express SOME opinions regarding the undocumented/illegal immigrants. When you see urself and people doing things the right way waiting for years, as opposed to people doing things the wrong way being literally gifted Green cards, it does raise anger and frustration levels.
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abq_gc
08-23 11:59 AM
[QUOTE=hcard;152461]My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.
Hi Hcard,
Congrats dude. Did u have a LUD on yur I-140 ??
Thanks
Hi Hcard,
Congrats dude. Did u have a LUD on yur I-140 ??
Thanks
more...
franklin
07-08 03:38 PM
---
I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.
The place and time is:
Location: City Hall
200 E Santa Clara St
San Jose
When: From Sat Jul 14, 2007 11:00 am to 2:30 pm
Bay Area members - please join the Northern California Bay Area Chapter. Details in sig
I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.
The place and time is:
Location: City Hall
200 E Santa Clara St
San Jose
When: From Sat Jul 14, 2007 11:00 am to 2:30 pm
Bay Area members - please join the Northern California Bay Area Chapter. Details in sig
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ssss
03-26 03:21 PM
I am not sure if I can get GC in 2011
more...
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gcspace
10-02 08:53 PM
I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
Vivek
Hi Vivek,
What time was your package delivered on July 16th
Vivek
Hi Vivek,
What time was your package delivered on July 16th
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fundo14
12-18 03:32 PM
Hi,
Our case was filed on July 2, 2007 at TSC.
We have got EADs, APs long back but did not get any FP notice.
Last week we got a letter saying that to speed up processing on your case we have transfered your case to NSC.(don't knw what it means)..but no FP notice till date.:confused:
anyone from July2 filers here waiting for FP notice still?
PD: Dec-2003/EB3
140: Approved
Thanks
Our case was filed on July 2, 2007 at TSC.
We have got EADs, APs long back but did not get any FP notice.
Last week we got a letter saying that to speed up processing on your case we have transfered your case to NSC.(don't knw what it means)..but no FP notice till date.:confused:
anyone from July2 filers here waiting for FP notice still?
PD: Dec-2003/EB3
140: Approved
Thanks
more...
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venkee
07-20 06:30 AM
I pledge $100
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USofA
08-26 01:43 PM
Usually how long it takes to get a response to SR?...I have opened one at local office on 8/10 but not response to that yet.
more...
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felix31
11-21 01:46 PM
Dear Mehul,
please, dont give up hope!! Faith and hope can do miracles. Seek proper care and definately a second docotor's opinion, preferably from your home country.
We will pray for you and your family!
please, dont give up hope!! Faith and hope can do miracles. Seek proper care and definately a second docotor's opinion, preferably from your home country.
We will pray for you and your family!
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gc28262
06-28 01:02 PM
Java Developer with Websphere (U.S. Citizen and Green Card Holder) jobs - Dice.com (http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/8/1/81e683aef75162fdf78440e5f0d831c5@endecaindex&source=19&FREE_TEXT=Citizen&rating=99)
Title: Java Developer with Websphere (U.S. Citizen and Green Card Holder)
Skills: Java Developer with Websphere
Date: 6-8-2009
Description: **********U.S. Citizen and Green Card Holder Only*********
Interview Process: In-person interview after telephonic round.
Bachelor*s degree in Computer Science, Information Systems or related major (preferred)
- 7+ years of enterprise-level programming with multiple technology platforms with a concentrated focus on Websphere Portal (v6 and above) and Java development (required)
- Experience working with projects of moderate to high complexity (required)
- Strong understanding of Portlet technologies and practical hands-on experience developing and delivering JSR 168 Portlet solutions. (required)
- Understanding of emerging standards such as JSR286 (preferred)
- Ability to customize WebSphere portal themes and skins (strongly preferred)
- Exposure to AJAX development (preferred)
- Proficiency in Native Java, J2EE, JDBC, JSP, Multiple browser development (IE 6/7, Firefox) (required)
- Experience in web development technologies including Javascript, HTML, XML, XSLT, CSS (required)
- Experience deploying portal applications using XMLAccess (required)
- Working knowledge of web content management concepts (required)
- Working knowledge of workflow concepts (required)
- Troubleshooting skills * ability to resolve technical issues through research, debugging and investigation as well as the ability to multitask, prioritize, show initiative and respond quickly in a fast paced environment (required)
- Sun Java Certification (preferred)
- Exposure to Logging code, Log4J, Ant Scripts, JUnit (preferred)
- Knowledge of Eclipse, RAD or other IDE*s (preferred)
- Microsoft SQL Server (Versions 2000 & 2005) development, including SQL Server Integration Services, and administration (required)
- Deploy and manage application on WebSphere/HTTP Server (strongly preferred)
- Experience with Lotus Notes, as well as developing and integrating Lotus Connections (to include the configuration of Connections Portlets on a page) within a Portal application (strongly preferred)
- Proven ability and willingness to learn new open source middleware technologies
- Graphic design skills and knowledge of tools such as Adobe Photoshop (preferred)
- Experience with Adobe ColdFusion (Version 8)(strongly preferred)
- Demonstrated ability to work independently on assignments (required)
- Occasional overnight travel (required)
- Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)
GTRAS Inc. is Equal Employer Opportunity Company
Email resume at stephen@gtras.com
Stephen Smith
Gtras, Inc
Phone: (703) 342-4282 ext: 113
Web: http://www.gtras.com (http://www.gtras.com/)
Title: Java Developer with Websphere (U.S. Citizen and Green Card Holder)
Skills: Java Developer with Websphere
Date: 6-8-2009
Description: **********U.S. Citizen and Green Card Holder Only*********
Interview Process: In-person interview after telephonic round.
Bachelor*s degree in Computer Science, Information Systems or related major (preferred)
- 7+ years of enterprise-level programming with multiple technology platforms with a concentrated focus on Websphere Portal (v6 and above) and Java development (required)
- Experience working with projects of moderate to high complexity (required)
- Strong understanding of Portlet technologies and practical hands-on experience developing and delivering JSR 168 Portlet solutions. (required)
- Understanding of emerging standards such as JSR286 (preferred)
- Ability to customize WebSphere portal themes and skins (strongly preferred)
- Exposure to AJAX development (preferred)
- Proficiency in Native Java, J2EE, JDBC, JSP, Multiple browser development (IE 6/7, Firefox) (required)
- Experience in web development technologies including Javascript, HTML, XML, XSLT, CSS (required)
- Experience deploying portal applications using XMLAccess (required)
- Working knowledge of web content management concepts (required)
- Working knowledge of workflow concepts (required)
- Troubleshooting skills * ability to resolve technical issues through research, debugging and investigation as well as the ability to multitask, prioritize, show initiative and respond quickly in a fast paced environment (required)
- Sun Java Certification (preferred)
- Exposure to Logging code, Log4J, Ant Scripts, JUnit (preferred)
- Knowledge of Eclipse, RAD or other IDE*s (preferred)
- Microsoft SQL Server (Versions 2000 & 2005) development, including SQL Server Integration Services, and administration (required)
- Deploy and manage application on WebSphere/HTTP Server (strongly preferred)
- Experience with Lotus Notes, as well as developing and integrating Lotus Connections (to include the configuration of Connections Portlets on a page) within a Portal application (strongly preferred)
- Proven ability and willingness to learn new open source middleware technologies
- Graphic design skills and knowledge of tools such as Adobe Photoshop (preferred)
- Experience with Adobe ColdFusion (Version 8)(strongly preferred)
- Demonstrated ability to work independently on assignments (required)
- Occasional overnight travel (required)
- Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)
GTRAS Inc. is Equal Employer Opportunity Company
Email resume at stephen@gtras.com
Stephen Smith
Gtras, Inc
Phone: (703) 342-4282 ext: 113
Web: http://www.gtras.com (http://www.gtras.com/)
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sankap
07-10 09:52 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
p_aluri
10-08 01:42 PM
I am in the same boat.. came here in 1999.
Now my priority date is 2006. It took 3 years to get my labor with my previous company. Company filed chapter 11 within a week after my labor approved.
Moved to consutling company and started the whole process again..
What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince
Now my priority date is 2006. It took 3 years to get my labor with my previous company. Company filed chapter 11 within a week after my labor approved.
Moved to consutling company and started the whole process again..
What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince
sai.bhargavi
07-07 02:02 AM
I am in NY/NJ area and oraginze some 15 people to show up for the protest, also send out some emails, make some signs & placards
I am in for NY/NJ. Can also muster about 10 ppl or more.
I am in for NY/NJ. Can also muster about 10 ppl or more.
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