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  • Canadian_Dream
    03-27 03:05 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.

    There is a whole lot of good information about citizenship or immigration status discrimination at

    From their Employee Brochure:

    From their Employer Brochure:

    From OSC Update newsletter April 2004:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.

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  • ArunAntonio
    07-09 06:45 PM
    I dont expect USCIS to get all emotional because of our flowers and issue an update to their updated bulletin saying they will now accept and issue green cards.
    The point is that we need to make awareness that there is a HUGE community that gets affected by every move they make and that we are an active and cohesive community and also to create awareness of this debacle.

    Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.

    That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:

    BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)

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  • gcpool
    05-16 08:12 PM
    I know two of my friends who's wifes were on H4 then converted to F1 and were working on OPT and then filed their I-485's and are now working on the EAD got from the AOS.

    I dont think there is any problem in applying for your wifes I-485. In fact I think you would be foolish not to apply for her. More over you are the primary applicant. If your doubtful then take up a paid consultation with top lawyers like Murthy, Mathew Oh etc

    The only problems if when you travel and say if you can apply I-485 then she has to just be patient till her AP comes and then she can travel on that

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  • crystal
    07-09 10:14 PM
    i am not sure what crap u r talking about 2205/2006/2007 guys
    i landed here in 2000 my priority date is 2006 because of useless employers . dont think that everybody sailing in the same boat as urs.

    Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.


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  • mnkaushik
    07-16 10:41 AM
    Hi Pappu,

    I am planning on applying as a dependent using my wife's 485. I already have one 485 application. My question will it affect my wife'e processing. I am not so worried about my processing, if it gets delayed so be it. Also I think the chances of I getting two A# is slim bcos i would mention my A#, in my new 485 application.


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  • factoryman
    06-29 08:37 PM
    My new theory is the DOS was influenced by politicians who are attorneys (I beleive that there 50% of lawmakers) and it released a huge Visa Numbers. The politicians have strong connections to law firms. The USCIS doesn't want to do it, because it doesn't have 'resources', 'money', 'manpower. So, they are on a near strike mode, not attending routine works like sending receipts., etc in a timely fashion.

    If it is any consoling to you, this is what I posted yesterday at a different thread at IV. Looks like I can re-cycle it today for a larger audience. Click the hyperlink and see the video for yourself.
    A strong case of moronic president, moronic problems?


    Many issues are being swept under the carpet. I had written a few times earlier. The backlog and GC issues are not truly a numbers game. It is the neo-con regime and the republican culture that had engulfed Washington, its consequences, that had made things miserable for us; we, the legal immigrants.

    4/5ths of the illegal immigrants have been here by the time of Clinton's second term. It was a non-issue then. You should understand why is it an issue now? Why can't it the legal and illegal immigration be addressed and solved. In a democracy, things like this can be solved administratively, legislatively and judicially. Adminstratively, we we hit below the belt, in backlogs, in delays, in sudden rule changes (no concurrent filings of PD is not current). Legislatively, they are stalling and falling apart. What is left for the immigrants?

    I had written many times earlier.

    Why should you know? Why should you understand? It is in your own interests that you understand things wisely. Failure to know what is happening on the ground, what is happening around us is a sure shot for personal failure.

    In this connection, see a counter-point on the immigration bill.

    See the Entire Video here (

    here is my theory.

    DOS and USCIS played a tactical move by making all the visa numbers current in anticipation of the CIR bill so that the legals wont complain to the senators about retrogression.

    Once the CIR went down the drain, they are panicking about the outcome of their tactical error and trying to undo that move.

    Again, just my theory...:confused:


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  • Saralayar
    09-23 09:08 PM
    how many visas are allocated every year per country, per preference ? say INDIA EB3 ?
    No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(

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  • drona
    07-10 10:44 AM
    Matthew Oh mentions Immigration Voice on his website and links to our site. He reports the response of Emilio Gonzalez to the flower campaign. Matthew writes "Salute to the members of this group for the job well done". :)


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  • gc_dedo
    09-09 07:11 PM
    Done calling.

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  • nrk
    08-17 02:55 PM
    Yeah little excited as my PD is current from next month. want to wish the good luck for the people who just got freedom.

    Looks like you were on a roll congratulating a lot of folks :D
    Thanks bud



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  • sc3
    08-22 02:17 PM
    please ignore the dots...the important thing is to make the lawmakers aware of the issue. As mirage mentions we should send a letter to the rep Logfren, (i have mailed the letters), we just want them to be aware that there is an issue, ROWs please send them too, you will also be impacted. Nothing against EB2's or the comments they have passed so far, we dont want to undermine your visas, the idea here is simply to make the lawmakers and DOS/USCIS aware of the problem.

    In a way DOS/USCIS have opened a pandoras box because EB3 as a whole will see slower approvals leading to a larger number of countries stuck in the process across a spectrum of countries. earlier it was mainly india, china and mexico. If visa allotment policy holds then you will see more countries getting retrogessed.

    Thanks for your replies guys. I don't care about the dots, but I do care about not disbanding IV or derailing its objectives. I haven't in any post questioned or asked people to stop supporting IV, so I am indignant about being charged that I am undermining IV efforts.

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  • eb_retrogession
    02-18 08:30 PM
    2004 Yearbook of Immigration Statistics
    Office of Immigration Statistics, January 2006
    U.S. Department of Homeland Security


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  • map_boiler
    08-17 08:25 PM
    PD: Feb 06 EB2 I
    CPO: Aug 6th
    Received approval notice: Aug 12th
    Received cards for self and spouse: Aug 16th

    Greened finally after 10 years in the country!

    Contributed $100 to IV - Receipt ID: 0122-2698-8222-7402 (have contributed in the past as well).

    To folks waiting for the magic email...hang in there....your time will definitely come. In the meantime, do all you can to ensure that USCIS closes out your case (such as SR, emails, congressman, etc.). In my case, the first four working days of August were very it's very hard to sit around and not do anything. I did open an SR by calling USCIS on the 5th, but I am not sure if it mattered since we received the magic email the very next day.

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  • mrsr
    06-27 10:33 PM
    I think this what uscis says

    NOTE: If using overnight delivery by any private service provider, send your package to:


    Nebraska Service Center

    850 S Street

    P.O. Box (Insert Correct P.O. Box Number)

    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label


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  • mundada
    01-24 02:54 PM
    There is a direct Air India service from JFK to Mumbai, painful commute if living in NJ but for those closer to JFK, this is the best flight they can have. The flight was recently launched, everyone has personal programming, Indian food, enough leg space etc. Surprisingly it is Air India! But then...

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  • iak1973
    04-01 12:48 PM
    India/China Quota numbers � Update | Klasko, Rulon, Stock & Seltzer, LLP: Blog (

    India/China Quota numbers � Update
    April 1st, 2011 by William Stock
    While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department�s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.

    A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 �Visagate� debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.

    It�s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year � but applicants would lose their filing fees if the numbers retrogress later this year.

    We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department�s thinking.

    Counting the dates..... Thank you all in IV team; great work


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  • dontcareanymore
    01-09 04:43 PM
    I am surprised to see this thread active this long. Earlier I have with help of Saralayar and other members have bring this point to attention. But at that time no one was supporting Idea.

    I see increasing support for the Idea as GC journey become longer and longer.

    Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD

    (1) I-140 and I-485 must be approved.

    (@) Time should be considered only after getting GC

    (3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS

    So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.

    The above requirements can get closer to Marriage and family based and also help 90% of IV members.

    Adding the clause for the EDUCATIONAL THING might be able to get more political support also


    Most of the delay (after the labor) is in I485. Some people wait more than others and any timer that starts AFTER approval of I485 is not useful to those who already wait longer term on I485. Moreover it is I485 process that is most screwed up for the lack of better word. People with PD 2006 got the GC last year while people from 2002 are waiting in the SAME category , from the same country.

    REQUIREMENT of masters degree may be a convincing factor in your opinion , but that excludes certain members of the group.

    The 485 approval is just an adjustment of status. Technically approval of I140 is when you are approved to be a resident (Assuming no criminal record etc).

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  • drirshad
    01-09 01:43 PM
    DOW has crossed the 11,000 mark that is good for the economy .......

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  • nk2006
    11-13 12:28 PM
    If clerk is doing this as per instruction means, we are being noticed and that is precisely what we wanted anyways. I don�t think USCIS higher ups have any malicious intent. Whole issue may be due to lack of training of IOs.
    I think we are getting noticed. With Ombudsman's office also, we initially got a very generic response - but now we are getting more specific response and asking us to provide more info. With USCIS officials it might take a bit longer but we need to keep sending letters and they will realize the issue.

    They may not have any malicious intent but if this practise is not brought to their immediate attention it can become more prevalent. Rules surrounding AC21 are confusing and they never got into rule making process. By raising this current issue - we might even get lucky in convincing USCIS to speed up the rule making process of AC21.

    If you havnt yet sent letters - please do send them.

    06-10 12:09 AM
    I am also from India but the point I am discussing here is clearly a violation of law by Outsourcing vendors including IBM (not just Indian companies), TCS, Wipro etc. I work for a medium size consulting firm based in US and on H1 visa ...and I am impacted by these violations and I think I have the right to oppose this act.... to prove my identity shud I tell you my stories in Chennai consulate... or shud I tell u abt my days in b'lore or shud I tell you all abt my 24 years in India.. you can decide :-).

    BUT regarding the L1 violation we have decided and this time the vendor is exposed to the authorities and justice is done. We have the support of good client managers who understands visa regulations.

    09-22 02:29 PM
    realraghu is the new addition to the infamous J.Barret list.


    sanjayb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 08/05
    Ashres11 - 2nd July/ 10:28/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN
    Sairam - 2nd July/10:28/FedEx/J.Barret/NSC/140 - TSC/No RN - 07/28
    InsKrish - 2nd July/10.25/J.Barret/NSC/I-140 approved from TSC/No CC/RN
    sudhi - 2nd July/ 10:25/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN - CHECKS CASHED 09/13
    Danu2007 - 2nd July/10:25AM/J. Barret/NSC/140-TSC/NO RN
    Triviagal - 2nd July/ 10:25AM/ J. Barret/NSC/140-TSC/NO RN
    rkartik78- 2nd july/10:25am/ J.Barret/ I140-TSC/ NO RN NO CC
    GCFISH- 2nd july/10:25am/ J.Barret/ I140-TSC/ 485 went to NE/NO RN NOCC
    rexjamla- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    kmkanth- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    BU007- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    veerufs - 2nd july/10:28am/J. BARRET/I140-TSC/NO RN/NO CC
    123456mg - 2nd july/10:25am at NSC/J BARRET/I140-Approved from TSC/NO RN/NO CC
    aussie731- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    nkavjs - 2nd July/ 10:25am/ Fedex/ J.Barrret/ NSC/ I-140 TSC lud on I-140 8-5-07/ NO CC/ NO RN
    jsb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/27
    gc_us - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/28
    srinitls - 2nd July/10:25/FedEx/J.Barret/NSC/NO RN NO CC
    realraghu - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN

    R Mickels :

    giddu- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    mahendra_t - 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    Satya- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    pareshtyagi- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    sapking - 2nd july/9:01am/R Mickels/ I140 pending-TSC/ NO RN NO CC
    smshen- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSS/No CC/No RN
    gcgoodluck- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSC/No CC/No RN/No data
    dudenj - 2nd july/9:03am/R.Mickels/I140-NSC/NO RN/NO CC/NO EAD


    cadude- 2nd July/11.11am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
    helpme1234-2nd July/11.14am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
    cowboy-2nd July/12.34 pm/F HEINAUER/NSC/1-40 TSC/NO RN NO CC

    R.Williams :

    Jignesh - 2nd July/7:55am/ R.Williams /I140 -NCS/ NO RN NO CC, NO DATA IN SYSTEM
    doshhar-2nd July/2:02PM/ R.Williams /I140 -TCS/ NO RN NO CC - I-140 LUD 08/05


    Bayboy -2nd July/8.oam/C UHRMACHER/I140-TSC/NO RN NO CC
    nk2007-2nd July/8.26am/C UHRMACHER/I140-TSC/NO RN NO CC

    Other -

    zdong -- 2nd july No check encash/No RN
    HNaik-2nd July/10:04am/ Armstrong/I140 -TCS/ NO RN NO CC
    mashu - 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC
    abhis0 -- 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC 140 LUD - 08/05

    Applications are returned:Incorrect filing fees :

    noendinsight- 2nd July/NSC/1-40 Approved NSC/NO RN NO CC

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