optimystic
03-26 02:48 PM
Where does it say (please quote official DHS/USCIS/DOL publication or a bill) that employers must hire "US Citizens" first? I think the regulations are to give preference to US workers (note that its not US citizens) before brining somebody from abroad.
You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
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!
You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
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!
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akela_topchi
08-07 11:01 AM
Height of selfishness....
It is amazing that how these people are ready to spend tons of money and time for such selfish causes.
If this kind of enthusiasm is displayed on IV action items and contributions then there would be better chances of achieving the goals of this community.
People who created this forum, which is helping this community so much, have been working for years.. selflessly.. spending time and money and effort many times spending their own money for the causes of this community.. people like Aman, Pappu, Pascal, logiclife et al... There are lots of people in this community who thought about the community first.
If they were like you.. then things would have been worse.
But, if you are so hell bent on putting your GC first, irrespective of the damage to the cause of the community, if you are so mad about yourself.. why do you care about polling.. Go alone.. just focus on "you and your GC" .. achieve something alone.. You can then keep all the benefits to yourself.. all yours..Go ahead!
Just like your campaign, the fundamentals on which you run it, cannot be trusted.. because if it suits you, you'll sell you supporter's interests for your own GC.
That's why you get support from very few....
This forum was created on better fundamentals.. Here community comes first.
That is why IV and those who created this forum have support of thousands!
It is amazing that how these people are ready to spend tons of money and time for such selfish causes.
If this kind of enthusiasm is displayed on IV action items and contributions then there would be better chances of achieving the goals of this community.
People who created this forum, which is helping this community so much, have been working for years.. selflessly.. spending time and money and effort many times spending their own money for the causes of this community.. people like Aman, Pappu, Pascal, logiclife et al... There are lots of people in this community who thought about the community first.
If they were like you.. then things would have been worse.
But, if you are so hell bent on putting your GC first, irrespective of the damage to the cause of the community, if you are so mad about yourself.. why do you care about polling.. Go alone.. just focus on "you and your GC" .. achieve something alone.. You can then keep all the benefits to yourself.. all yours..Go ahead!
Just like your campaign, the fundamentals on which you run it, cannot be trusted.. because if it suits you, you'll sell you supporter's interests for your own GC.
That's why you get support from very few....
This forum was created on better fundamentals.. Here community comes first.
That is why IV and those who created this forum have support of thousands!
mambarg
08-05 05:59 PM
my lastname is unique.
will it help ?
will it help ?
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Nil
01-04 11:45 PM
Very true - ultimately naturalization is the goal for many. Green card is the only first legal step.
Hopefully far-sighted folks will support this thoughts.
Hopefully far-sighted folks will support this thoughts.
more...
sheela
09-28 07:00 PM
I doubt the USCIS has any rules regarding processing queue. Some people are waiting 10+ years, others receive approvals in 2 months.
My understanding on this is - after I-485 uscis works on RD and if your FP/NC is cleared PD is looked at for preference in each category but uscis won't wait guy stuck in nc for 10 yr to make way for your gc. If you are lucky you may get it sooner than you expect
My understanding on this is - after I-485 uscis works on RD and if your FP/NC is cleared PD is looked at for preference in each category but uscis won't wait guy stuck in nc for 10 yr to make way for your gc. If you are lucky you may get it sooner than you expect
jayZinDC
01-26 12:22 PM
Does anyone know how long this process takes (from online app to visa stamped)? I just filled in my app online on wednesday hoping to finish it off on the weekend. Now their site is down for maintenance until monday.
more...
Madhuri
06-26 02:46 PM
The salary in employer letter should match the one in labor or in I 140?
Mine is more in labor than I 140.
Mine is more in labor than I 140.
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test101
07-11 10:17 AM
I AM ORDERING PIZZA and gourmet food from local restuarants every week to be delivered to Emilio Gonzalez
The delivery will be on the 15th July.
Anybody want to join
Hold on , wait till we all agree on this, and run it by the IV core. The flower campaingn is running nicly now. We do not want to over it . wait a little bit and lets decide an the next step. i doubt that they will accept food.
The delivery will be on the 15th July.
Anybody want to join
Hold on , wait till we all agree on this, and run it by the IV core. The flower campaingn is running nicly now. We do not want to over it . wait a little bit and lets decide an the next step. i doubt that they will accept food.
more...
jasmin45
07-13 07:14 AM
Article link was on this website.
http://lawprofessors.typepad.com/immigration/2007/05/lou_dobbs_lepro.html
May 30, 2007
Lou Dobbs, Leprosy, and Immigrants
In "Truth, Fiction and Lou Dobbs" by DAVID LEONHARDT writes about the latest controversy about Lou Dobb's "reporting" on immigration that came to light on a �60 Minutes� segment profiling Dobbs a few weeks ago. According to Leonhardt,
a �60 Minutes� producer came across a 2005 news report from Mr. Dobbs�s CNN program on contagious diseases. In the report, one of Mr. Dobbs�s correspondents said there had been 7,000 cases of leprosy in this country over the previous three years, far more than in the past. When Lesley Stahl of �60 Minutes� sat down to interview Mr. Dobbs on camera, she mentioned the report and told him that there didn�t seem to be much evidence for it. �Well, I can tell you this,� he replied. �If we reported it, it�s a fact.�
The truth is that the evidence behind the statement is jist not there. The Southern Poverty Law Center later took out advertisements in The New York Times and USA Today demanding that CNN run a correction.
For more of the story, click here. How can a reputable international media outlet like CNN put up with such shoddy reporting on one of the most pressing social issues of our generation?
http://lawprofessors.typepad.com/immigration/2007/05/lou_dobbs_lepro.html
May 30, 2007
Lou Dobbs, Leprosy, and Immigrants
In "Truth, Fiction and Lou Dobbs" by DAVID LEONHARDT writes about the latest controversy about Lou Dobb's "reporting" on immigration that came to light on a �60 Minutes� segment profiling Dobbs a few weeks ago. According to Leonhardt,
a �60 Minutes� producer came across a 2005 news report from Mr. Dobbs�s CNN program on contagious diseases. In the report, one of Mr. Dobbs�s correspondents said there had been 7,000 cases of leprosy in this country over the previous three years, far more than in the past. When Lesley Stahl of �60 Minutes� sat down to interview Mr. Dobbs on camera, she mentioned the report and told him that there didn�t seem to be much evidence for it. �Well, I can tell you this,� he replied. �If we reported it, it�s a fact.�
The truth is that the evidence behind the statement is jist not there. The Southern Poverty Law Center later took out advertisements in The New York Times and USA Today demanding that CNN run a correction.
For more of the story, click here. How can a reputable international media outlet like CNN put up with such shoddy reporting on one of the most pressing social issues of our generation?
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anilkumar0902
08-17 02:16 PM
congrats.....
Nrk,
Looks like you were on a roll congratulating a lot of folks :D
Thanks bud
Cheer
Nrk,
Looks like you were on a roll congratulating a lot of folks :D
Thanks bud
Cheer
more...
fatjoe
10-12 01:41 PM
Hi Kewl:
Thanks for you encouraging email. My senator's rep. said that my case was assigned to an IO on Sep 21st. Are you sure that it takes 10-30 days(only) once the app is with an IO? May I know how are you so sure about this? Did any NCS rep tell you this time-frame? I only hope what you said comes true.
Also, I have sent 7001 late last week. Is there a # to contact obmudsman's?
Thanks for you encouraging email. My senator's rep. said that my case was assigned to an IO on Sep 21st. Are you sure that it takes 10-30 days(only) once the app is with an IO? May I know how are you so sure about this? Did any NCS rep tell you this time-frame? I only hope what you said comes true.
Also, I have sent 7001 late last week. Is there a # to contact obmudsman's?
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BharatPremi
09-24 11:34 PM
I have eb3 485 and am working on EB3 EAD. I do not have a h1b
Eb3 485 Filed on July 2007
Got a promotion at the same company in Jan 2009 and applied for Labor n Eb2 for the new position
Still wating for Perm approval in EB2
Beautifulmind,
I do not want to scare you but what you are claiming here i.e. while working on EB3-EAD aceepting promotion for a EB2-level skill can not be accepted by USCIS. You simply can not accept higher skill level based promotion like that. I think you should first sit down with a good lawyer and find out the solution of this already created mess and then think about interfiling.
Based on all info you provided it looks like our cases are not similar. I have already new approved I-140 - EB2 base - approved in year 2006. My 485 is attached to EB3.
Eb3 485 Filed on July 2007
Got a promotion at the same company in Jan 2009 and applied for Labor n Eb2 for the new position
Still wating for Perm approval in EB2
Beautifulmind,
I do not want to scare you but what you are claiming here i.e. while working on EB3-EAD aceepting promotion for a EB2-level skill can not be accepted by USCIS. You simply can not accept higher skill level based promotion like that. I think you should first sit down with a good lawyer and find out the solution of this already created mess and then think about interfiling.
Based on all info you provided it looks like our cases are not similar. I have already new approved I-140 - EB2 base - approved in year 2006. My 485 is attached to EB3.
more...
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unseenguy
06-16 03:16 AM
Hi,
One of my friend is working in L1 on Informatica tool for one of the financial client.
Does it mean that his company is violationg rules?
His company is harrassing much for some personal reason and asking him to come back home country
what action he can take against his company if his company viaolating L1 rules.
Please anyone come across this situation then give us your suggestion.
Appericiate your help in advance
Can somebody reply to my question...?
He can not take any action. If they ask him to go back he has to go back. If informatica is embedded in another s/w which is company copyright then there is no technical violation of L1. Also if the project is administered by his company there is no violation of L1. If it is staff augmentation case, which does not seem to be the case here, then it could be violation of l1.
One of my friend is working in L1 on Informatica tool for one of the financial client.
Does it mean that his company is violationg rules?
His company is harrassing much for some personal reason and asking him to come back home country
what action he can take against his company if his company viaolating L1 rules.
Please anyone come across this situation then give us your suggestion.
Appericiate your help in advance
Can somebody reply to my question...?
He can not take any action. If they ask him to go back he has to go back. If informatica is embedded in another s/w which is company copyright then there is no technical violation of L1. Also if the project is administered by his company there is no violation of L1. If it is staff augmentation case, which does not seem to be the case here, then it could be violation of l1.
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ksurjan
07-09 08:45 PM
Thanks for the comments...I'll personally come and see you off at the airport when you are ready to leave. I gusess you have your bags packed already.
Just so you know we are not begging for GC we've earned it.
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
Just so you know we are not begging for GC we've earned it.
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
more...
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reddymjm
08-21 10:10 AM
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Only these are included in free calling.
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India 91 FREE $0.17
India (Cellular & Premium) 919, 9192-4, 9197-9 FREE $0.18
India - Ahmedabad 9179 FREE $0.17
India - Andrah Pradesh (Cellular & Premium) 919440, 919848-9, 919885 FREE $0.16
India - Bangalore 9180 FREE $0.18
India - Baroda 91265 FREE $0.17
India - Calcutta 9133 FREE $0.17
India - Chennai (Madras) 9144 FREE $0.18
India - Ernakulam 91484 FREE $0.15
India - Gujurat 9126-8 FREE $0.17
India - Hyderabad 9140 FREE $0.18
India - Jallandhar 91181 FREE $0.15
India - Mumbai (Bombay) 9122 FREE $0.17
India - New Delhi 9111 FREE $0.17
India - Pune 9120 FREE $0.18
India - Punjab 9116-8, 91162, 91164-5, 91170, 91176, 91178-9, 91183, 91185-6, 91188, 91191-2, 91197, 91199, 911610-2, 911614-9, 911630-4, 911636-9, 911676, 911682, 911685, 911720-2, 911724-9, 911820-5, 911827-9, 911870, 911872-9, 911890-1, 911893, 911895-08, 911985 FREE $0.18
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eb_retrogession
02-24 02:13 PM
Draft Text of the Comprehensive Immigration Reform Act of 2006 (Chairman Specter�s Mark)
http://www.aila.org/content/default.aspx?docid=18639
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.
http://www.aila.org/content/default.aspx?docid=18639
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.
more...
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drona
07-10 01:36 AM
First American newspaper Pioneer Press reports on the Flower Campaign and mentions Immigration Voice as supporters of the campaign. Let's post on this thread as the news coverage starts to come in. Let's see how much coverage we get. Please let's only post links to media reports on this thread to get a consolidated list.
http://www.twincities.com/business/ci_6336222
ALL NEWS with PICTURES AND VIDEO : http://www.touchdownusa.org/floral/FloralProtest.html
http://www.twincities.com/business/ci_6336222
ALL NEWS with PICTURES AND VIDEO : http://www.touchdownusa.org/floral/FloralProtest.html
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485Mbe4001
09-11 05:33 PM
CIS Ombudsman's annual report.
The information might have been posted earlier...
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
page 37 - 44 - detail the problem and proposed solution
the flow chart on page is 42 gives a good description
The information might have been posted earlier...
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
page 37 - 44 - detail the problem and proposed solution
the flow chart on page is 42 gives a good description
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NYS_JUNE2002
10-16 08:29 PM
Any comments folks?
http://levin.senate.gov/newsroom/release.cfm?id=285400
October 16, 2007 Contact: Press Office
Phone: 202.228.3685
Senate Approves Levin Amendment to Improve Oversight of FBI Background Checks
WASHINGTON � The Senate has approved an amendment by Sen. Carl Levin, D-Mich., to improve oversight of the FBI National Name Check Program, which faces a substantial backlog. The program is used to run background checks on people applying for immigration benefits or seeking employment with the U.S. government, among many other purposes. Levin�s provision, which was included as an amendment to the Commerce, Justice, and Science (CJS) Fiscal Year 2008 Appropriations Bill, would require the FBI to report to Congress every year regarding progress made in improving the FBI�s system of processing background checks and automating investigative files.
�The background check program�s enormous backlog poses an unacceptable burden on people whose lives are on hold, and it also leads to a national security risk,� Levin said. �Approximately 31,000 cases have been pending for at least 33 months. If these individuals are a security threat, we must know that sooner rather than later.�
According to the U.S. Citizenship and Immigration Services (USCIS) Ombudsman�s 2007 Annual Report, there were 329,160 name check cases pending in May 2007, which is and increase of 93,358 over the previous year. Many immigrants who are applying for adjustment of status to legal permanent resident, naturalization, asylum, or a waiver end up waiting for months or years for the completion of the name check process.
In 2003, Robert J. Garrity, Jr., then Acting Assistant Director of the Records Management Division of the FBI stated before the House Committee on Government Reform that, �[t]he name check delays have significant consequences to FBI customers and stakeholders. The delays impede hiring or clearing skilled workers; completing government contracts; student enrollment, and�clearing requested visas for business visits to the United States. More importantly than all of the foregoing, these processing delays can also diminish counterterrorism effectiveness.�
http://levin.senate.gov/newsroom/release.cfm?id=285400
October 16, 2007 Contact: Press Office
Phone: 202.228.3685
Senate Approves Levin Amendment to Improve Oversight of FBI Background Checks
WASHINGTON � The Senate has approved an amendment by Sen. Carl Levin, D-Mich., to improve oversight of the FBI National Name Check Program, which faces a substantial backlog. The program is used to run background checks on people applying for immigration benefits or seeking employment with the U.S. government, among many other purposes. Levin�s provision, which was included as an amendment to the Commerce, Justice, and Science (CJS) Fiscal Year 2008 Appropriations Bill, would require the FBI to report to Congress every year regarding progress made in improving the FBI�s system of processing background checks and automating investigative files.
�The background check program�s enormous backlog poses an unacceptable burden on people whose lives are on hold, and it also leads to a national security risk,� Levin said. �Approximately 31,000 cases have been pending for at least 33 months. If these individuals are a security threat, we must know that sooner rather than later.�
According to the U.S. Citizenship and Immigration Services (USCIS) Ombudsman�s 2007 Annual Report, there were 329,160 name check cases pending in May 2007, which is and increase of 93,358 over the previous year. Many immigrants who are applying for adjustment of status to legal permanent resident, naturalization, asylum, or a waiver end up waiting for months or years for the completion of the name check process.
In 2003, Robert J. Garrity, Jr., then Acting Assistant Director of the Records Management Division of the FBI stated before the House Committee on Government Reform that, �[t]he name check delays have significant consequences to FBI customers and stakeholders. The delays impede hiring or clearing skilled workers; completing government contracts; student enrollment, and�clearing requested visas for business visits to the United States. More importantly than all of the foregoing, these processing delays can also diminish counterterrorism effectiveness.�
suriajay12
03-10 06:20 PM
Excellent idea JBR. Why don't you create a letter template and put it in IV. If we have the facility to sign electronically, it will be nice. Later, it can be sent electronically to all Congress Members. Let us try to create a slogan for our campaign. Any IV member can shed their ideas on this.
Is PAPPU or any IV Core members following this thread?. PAPPU we need your involvement in this and make this as another IV campaign immediately...
I'm in. Anything that has action has my support..
No point in waiting till economy improves and shit like that. Houses, jobs, Social securtity .. Project all the points in which you can improve the crisis. We can ALL also write to firms like REMAX and other reality firms to tell them we are 500 thousand here, ready to buy houses.. stupid idea.. but better than doing nothing..
Is PAPPU or any IV Core members following this thread?. PAPPU we need your involvement in this and make this as another IV campaign immediately...
I'm in. Anything that has action has my support..
No point in waiting till economy improves and shit like that. Houses, jobs, Social securtity .. Project all the points in which you can improve the crisis. We can ALL also write to firms like REMAX and other reality firms to tell them we are 500 thousand here, ready to buy houses.. stupid idea.. but better than doing nothing..
gccovet
11-29 12:44 AM
bump
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