Hunter
05-11 12:14 AM
What are you showing hunter here? American hipocracy & bigotry in full light? How is your culture any good with what you have posted?
Oh, did that comment on Brahma and Saraswati incest hurt you? tsk, tsk, tsk.. too bad.
Well, you should have read and responded to the comment before that before pretending to be hurt about my response. I didn't start it.
If you are ready to make such bigoted comment, NEVER expect that you can get away that. Believe me, internet is limitless and I can shovel dirt about India in this forum, if I want to with a google search(which is not my intent here)
Oh, did that comment on Brahma and Saraswati incest hurt you? tsk, tsk, tsk.. too bad.
Well, you should have read and responded to the comment before that before pretending to be hurt about my response. I didn't start it.
If you are ready to make such bigoted comment, NEVER expect that you can get away that. Believe me, internet is limitless and I can shovel dirt about India in this forum, if I want to with a google search(which is not my intent here)
wallpaper ig-sean-chris-brown-my-last-
GC08
07-09 09:22 PM
why do you keep parroting the pro USCIS, pro -antiimmigrant line all the time?
there are times when your realism makes sense, then there are others when it's plain silly.
this was not a mistake. this was not an accident.
civil servants do not show up on weekends by accidents. and they do not do 6 mnths of work in 15 days by mistake.
it was intentional, directed and planned.
you can believe whatever motives you want and you can sympathize with uscis till kingdom come. but pleaaasee don't tell me it was a random event, some act of god that is our destiny or such crap. please!
I wish USCIS could stand out and answer those questions... do whatever they can to clarify those "rumors". :confused:
there are times when your realism makes sense, then there are others when it's plain silly.
this was not a mistake. this was not an accident.
civil servants do not show up on weekends by accidents. and they do not do 6 mnths of work in 15 days by mistake.
it was intentional, directed and planned.
you can believe whatever motives you want and you can sympathize with uscis till kingdom come. but pleaaasee don't tell me it was a random event, some act of god that is our destiny or such crap. please!
I wish USCIS could stand out and answer those questions... do whatever they can to clarify those "rumors". :confused:
ashburn07
11-21 04:10 PM
I know this topic has been thoroughly disussed above but still would appreciate some response to help me for my situation:
My husband has filed under EB3 category(chargeability India) and has a PD of Oct06. I-140 is pending and we have filed for I-485 (husband primary and me dependent), EAD and AP.
I have filed my GC on July9th and have an approved labor, and am planning to file my I-140 and I-485 as I have a charegability of Iraq.
My question is if I do file I-485 as the primary and make my husband the dependent on the application, do I still need to provide the A# number we received from his I-485 application receipt?
Can it have a negative impact on either of our GC application?
If we are asked to chose when will it be asked?
Please do reply and help me.
Thanking you in anticipation for your reply
My husband has filed under EB3 category(chargeability India) and has a PD of Oct06. I-140 is pending and we have filed for I-485 (husband primary and me dependent), EAD and AP.
I have filed my GC on July9th and have an approved labor, and am planning to file my I-140 and I-485 as I have a charegability of Iraq.
My question is if I do file I-485 as the primary and make my husband the dependent on the application, do I still need to provide the A# number we received from his I-485 application receipt?
Can it have a negative impact on either of our GC application?
If we are asked to chose when will it be asked?
Please do reply and help me.
Thanking you in anticipation for your reply
2011 VERY OWN BIG SEAN#39;S (GOOD
prioritydate
07-14 02:38 PM
Lets all inundate CNN with our one month's salary slip with all our personal details striked out and highlight federal, state, social security, medicare etc. In that way, we can show our protest and that would stir up the cotroversy, exposing how low life the lou dumbs is ....
more...
malaGCPahije
08-07 02:16 PM
First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.
you want to file a lawsuit because of 10 people you know game the system, thereby negatively impacting many more people who are moving to new jobs to climb the ladder and may benefit by the rule as a side-effect. Should you then not file a lawsuit against the people who play the game indicating that they are not even joining the company that sponsored their GC? I am now really confused whom you are against.
Either way, I would not support any lawsuit. If someone is smarter to get his way ahead of me, it is good for him/her. I cannot blame my status on someone else's intelligence/ smartness. If I do not know how to play the game, it is my problem (it actually is, hence I am stuck). But that is OK. I am happy the way I am.
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.
you want to file a lawsuit because of 10 people you know game the system, thereby negatively impacting many more people who are moving to new jobs to climb the ladder and may benefit by the rule as a side-effect. Should you then not file a lawsuit against the people who play the game indicating that they are not even joining the company that sponsored their GC? I am now really confused whom you are against.
Either way, I would not support any lawsuit. If someone is smarter to get his way ahead of me, it is good for him/her. I cannot blame my status on someone else's intelligence/ smartness. If I do not know how to play the game, it is my problem (it actually is, hence I am stuck). But that is OK. I am happy the way I am.
sundarpn
01-20 09:44 PM
I have A number ...I think that signifies AOS number or something...
What is your point?
Right, but that A# I found on my H1b approval (approved Oct 10 '07) is different from the A # in my 458 receipts.
Just trying to figure out if folks who had an A# in the H1b approval notice are also facing the PIMS delay. (just a wild guess).
What is your point?
Right, but that A# I found on my H1b approval (approved Oct 10 '07) is different from the A # in my 458 receipts.
Just trying to figure out if folks who had an A# in the H1b approval notice are also facing the PIMS delay. (just a wild guess).
more...
bomber
06-29 07:15 PM
WEDNESDAY - Suspended I-140 PPS anticipating huge demand from people
for whom the visa numbers would be available - FACT!!
FRIDAY - Allowed doctors from "any area" - FACT!!
MONDAY - We won't accept any applications?????? ----RUMOUR
they don't add up
I was thinking on the same line. Why to wait at the last moment and that too when today they allowed the medical examinations to be done outside the local area. I guess, time to chill out, have some beer (i'm already having) and worry on monday. We anyway can't do anything about it on sat-sun.
for whom the visa numbers would be available - FACT!!
FRIDAY - Allowed doctors from "any area" - FACT!!
MONDAY - We won't accept any applications?????? ----RUMOUR
they don't add up
I was thinking on the same line. Why to wait at the last moment and that too when today they allowed the medical examinations to be done outside the local area. I guess, time to chill out, have some beer (i'm already having) and worry on monday. We anyway can't do anything about it on sat-sun.
2010 Chris Brown “My Last” Video
nkavjs
09-26 02:52 PM
I was talking to my COngressman's office. She says as per USCIS, they are trying to catch up with the huge backlog of 29th June to 7 Th August filers. They are hiring overtimers and Also using some volunteers from other USCIS dept to get rid of backlog. She said all the applications will be receipted in next 30-45 days for sure. She will again contact USCIS dept in 30 days to followup.
Thats my story.....
Thats my story.....
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realizeit
03-29 11:48 AM
There are two waves of movement going to happen for EB2 this year. One starting in May and the other starting in July.
The 12000 unused visa numbers from EB1 is not the total for the year 2011. It is almost certain that, this is the spillover from the first 2 quarters of 2011. Along with this, there are some numbers from EB2 ROW as well. The spillover will only get applied to all those countries which are retrogressed.
12000 visa numbers would move mathematically the dates to somewhere in Sept 2006 for India and China Eb2. The porting from EB3 to EB2 is still a factor, but that won't exceed more then 1500 (which are ready to be assigned visa).
In order to utilize these 12000 visa numbers, USCIS may possibly consider 15000 applicants so that they will get 12000 approvable, background check free and non-delayed cases.
So, i think for EB2 the dates could move to either Oct/Nov/Dec of 2006.
In July, the next wave of spill over could move the dates further into 2007.
The 12000 unused visa numbers from EB1 is not the total for the year 2011. It is almost certain that, this is the spillover from the first 2 quarters of 2011. Along with this, there are some numbers from EB2 ROW as well. The spillover will only get applied to all those countries which are retrogressed.
12000 visa numbers would move mathematically the dates to somewhere in Sept 2006 for India and China Eb2. The porting from EB3 to EB2 is still a factor, but that won't exceed more then 1500 (which are ready to be assigned visa).
In order to utilize these 12000 visa numbers, USCIS may possibly consider 15000 applicants so that they will get 12000 approvable, background check free and non-delayed cases.
So, i think for EB2 the dates could move to either Oct/Nov/Dec of 2006.
In July, the next wave of spill over could move the dates further into 2007.
hair Pictures: Big Sean amp; Chris
Macaca
12-05 10:08 AM
Lou Dobbs Hears Radio Calling (http://www.nytimes.com/2007/12/05/arts/05arts.html) By JACQUES STEINBERG | NY Times, December 5, 2007
The way Lou Dobbs sees it, people shouldn�t need basic cable to hear him sound off at length on issues like immigration and free trade. Mr. Dobbs said yesterday that he was creating a daily three-hour talk radio show that would run in the afternoons and conclude an hour before his nightly program on CNN, which begins at 7 p.m. on the East Coast.
�My interest is in bringing a voice of reason, rather than the partisan and ideological poles that define talk radio right now,� he said in a telephone interview. Mr. Dobbs vowed that neither the right nor the left would be able to lay claim to him, with some conservatives who support his hard-line take against illegal immigrants breaking ranks with his opposition to free trade. �I consider both political parties to be tragic failures,� Mr. Dobbs said.
United Stations Radio Networks, a private company that syndicates one-minute financial updates by Mr. Dobbs, is producing the program. Asked if any station had committed to carry it, a company spokeswoman said that it was only now starting its outreach.
The way Lou Dobbs sees it, people shouldn�t need basic cable to hear him sound off at length on issues like immigration and free trade. Mr. Dobbs said yesterday that he was creating a daily three-hour talk radio show that would run in the afternoons and conclude an hour before his nightly program on CNN, which begins at 7 p.m. on the East Coast.
�My interest is in bringing a voice of reason, rather than the partisan and ideological poles that define talk radio right now,� he said in a telephone interview. Mr. Dobbs vowed that neither the right nor the left would be able to lay claim to him, with some conservatives who support his hard-line take against illegal immigrants breaking ranks with his opposition to free trade. �I consider both political parties to be tragic failures,� Mr. Dobbs said.
United Stations Radio Networks, a private company that syndicates one-minute financial updates by Mr. Dobbs, is producing the program. Asked if any station had committed to carry it, a company spokeswoman said that it was only now starting its outreach.
more...
Dakota Newfie
05-23 11:16 AM
For those of us who have become "current" with the latest VB movements, I have some discouraging news for you: at least for the Nebraska Processing Center, the current processing date for an employment-based I-485 has retrogressed from September to August,2006. Only a small step backwards but a step backwards all the same.
hot Big Sean headed to the
baburob2
02-09 05:34 PM
From the article below:
Senate Judiciary committe hearing on immigration will start from March 2nd and will start talking with Sen. Specter's markup which is a good starting point and the full senate hearing will subsequently start as expected on March 27th.
Congress to consider immigration in March
By Ray O'Hanlon
rohanlon@irishecho.com
With regard to the reform issue in Congress, the expectation as of this week was that the Senate Judiciary Committee could take up the various reform bills as early as Thursday, March 2.
The initial discussion in the committee would focus primarily on the proposal drawn up by its chairman, Sen. Arlen Specter of Pennsylvania.
Specter has presented a so-called "chairman's mark" which is comprised of original proposals and some aspects of other bills including the Senate's McCain/Kennedy bill, and the Sensenbrenner/King bill, which has already been passed by the House of Representatives.
The Judiciary Committee hearing is a prelude to full Senate consideration but St. Patrick's Day is likely to delay that for some days after March 17.
This year, for the first time, Congress is taking a week off after the Irish patron saint's day and officially labeling the break as the St. Patrick's Day recess.
That would mean that the earliest likely date for a Senate debate on whatever the judiciary Committee presents it would begin on Monday, March 27.
Given the sharp contrast in the main bills, that debate could some time, weeks if not months to complete.
Meanwhile, Bush noticeably advanced his position on reform in his State of the Union speech to the joint houses of Congress.
"We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he said.
"All these are forms of economic retreat, and they lead in the same direction toward a stagnant and second-rate economy," the president added.
"Keeping America competitive requires an immigration system that upholds our laws, reflects our values and serves the interests of our economy.
"Our nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection. And we must have a rational, humane guest worker program that rejects amnesty, allows temporary jobs for people who seek them legally, and reduces smuggling and crime at the border," he added.
However, as with previous statements, Bush did not go into detail as to how he exactly defines amnesty.
How he, and Congress, ultimately defines it will have a profound effect on the lives of tens of thousands of undocumented Irish.
This story appeared in the issue of February 8 - 14, 2006
Senate Judiciary committe hearing on immigration will start from March 2nd and will start talking with Sen. Specter's markup which is a good starting point and the full senate hearing will subsequently start as expected on March 27th.
Congress to consider immigration in March
By Ray O'Hanlon
rohanlon@irishecho.com
With regard to the reform issue in Congress, the expectation as of this week was that the Senate Judiciary Committee could take up the various reform bills as early as Thursday, March 2.
The initial discussion in the committee would focus primarily on the proposal drawn up by its chairman, Sen. Arlen Specter of Pennsylvania.
Specter has presented a so-called "chairman's mark" which is comprised of original proposals and some aspects of other bills including the Senate's McCain/Kennedy bill, and the Sensenbrenner/King bill, which has already been passed by the House of Representatives.
The Judiciary Committee hearing is a prelude to full Senate consideration but St. Patrick's Day is likely to delay that for some days after March 17.
This year, for the first time, Congress is taking a week off after the Irish patron saint's day and officially labeling the break as the St. Patrick's Day recess.
That would mean that the earliest likely date for a Senate debate on whatever the judiciary Committee presents it would begin on Monday, March 27.
Given the sharp contrast in the main bills, that debate could some time, weeks if not months to complete.
Meanwhile, Bush noticeably advanced his position on reform in his State of the Union speech to the joint houses of Congress.
"We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he said.
"All these are forms of economic retreat, and they lead in the same direction toward a stagnant and second-rate economy," the president added.
"Keeping America competitive requires an immigration system that upholds our laws, reflects our values and serves the interests of our economy.
"Our nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection. And we must have a rational, humane guest worker program that rejects amnesty, allows temporary jobs for people who seek them legally, and reduces smuggling and crime at the border," he added.
However, as with previous statements, Bush did not go into detail as to how he exactly defines amnesty.
How he, and Congress, ultimately defines it will have a profound effect on the lives of tens of thousands of undocumented Irish.
This story appeared in the issue of February 8 - 14, 2006
more...
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l1fraud
06-09 08:14 PM
Talked to ICE field intelligence they have provided required details, please let us know if anyone in this forum needs further information on how to complain against L1 violations. Please send a private message to this id. Please let us know if you have any other agency which would be interested in L1 violations.
tattoo ig-sean-chris-brown-my-last-
sc3
08-20 02:50 PM
The item mentioned above is for EB2, meaning any spill over to EB2 is from unused EB1.
for EB3 the ACT mentions the following
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
The meaning is EB3 gets all unused from EB1 and EB2... This is the catch, does this mean spillover from EB1 after EB2 catches up (or) spillover from EB1 even if EB2 is not current..
If they have done spillover from EB1 to EB3, even when EB2 is not current...we can give this a try.
Sorry for the confusion...Just got excited and went over the allocation of visas from the ACT
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
It actually comes down to the language. I haven't read the rollover from EB to FB (if at all it happens), but look at the language for EB1. It talks about regular number + any not used by EB5. The language for EB5 is lost when it trickles down.
Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?
or
2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.
If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.
Suggestion to go via AILA is a good one, but do we have contact into AILA??
for EB3 the ACT mentions the following
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
The meaning is EB3 gets all unused from EB1 and EB2... This is the catch, does this mean spillover from EB1 after EB2 catches up (or) spillover from EB1 even if EB2 is not current..
If they have done spillover from EB1 to EB3, even when EB2 is not current...we can give this a try.
Sorry for the confusion...Just got excited and went over the allocation of visas from the ACT
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
It actually comes down to the language. I haven't read the rollover from EB to FB (if at all it happens), but look at the language for EB1. It talks about regular number + any not used by EB5. The language for EB5 is lost when it trickles down.
Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?
or
2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.
If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.
Suggestion to go via AILA is a good one, but do we have contact into AILA??
more...
pictures Big Sean, My Last,
EkAurAaya
10-17 03:36 PM
My 140 and 485s (with my wife as derivative )are from Nebraska and have a set of A#s,
again My wife's 140 and 485s (with me as derivative ) are from Texas and have a different set of A#s..
how to combine them and make uscis inform abt it???
Anybody any thoughts !!!
gc_chahiye is correct - this is precisely why my lawyer advised me not to go with 2nd set of 485 + if one gets rejected the other one automatically gets rejected (when both are combined)
We decided to go for 485 that had older PD
I know someone who applied for 2nd set and then withdrew the 2nd application as soon as he got Receipts (his application was in Neb and wife's was in Texas << this could lead to major delays as the files are now physically located in different centers)
With all the confusion and movement of applications to different centers... things can only get complicated in my opinion. One can only hope for the best
again My wife's 140 and 485s (with me as derivative ) are from Texas and have a different set of A#s..
how to combine them and make uscis inform abt it???
Anybody any thoughts !!!
gc_chahiye is correct - this is precisely why my lawyer advised me not to go with 2nd set of 485 + if one gets rejected the other one automatically gets rejected (when both are combined)
We decided to go for 485 that had older PD
I know someone who applied for 2nd set and then withdrew the 2nd application as soon as he got Receipts (his application was in Neb and wife's was in Texas << this could lead to major delays as the files are now physically located in different centers)
With all the confusion and movement of applications to different centers... things can only get complicated in my opinion. One can only hope for the best
dresses Big Sean - My Last Ft. Chris
reno_john
06-29 04:44 PM
I always thought, the system was fair, it was only the overwhelming numbers of immigrants from certain countries that made it look unfair....but the closer I get to the stage where DOS decisions start impacting me, the more I realize that the system is not fair at all. The game of visa numbers and allocations is driven by white house politics alone...DOS being the spokesperson for the politics. Essentially the white house is directly throttling immigration through the DOS...on its own whims and fancy.
I wouldn't say they are cruel, but they are certainly selfish..and are bent on sucking the blood of would be immigrants/working non-immigrants...the best way to prevent this from happening is to not come here....let the Indians/Chinese completely stop coming here on H1s/L1s and then we'll see how far can America fly...
So, what made you import yourself here? You could have stayed back in your own country..by the way, coming on a H4 was a choice..it wasn't forced upon you...didn't you know before coming here that you would have to stay home on a H4? H4->F1, H4->H1...all these options are always open to you..
America will fly even higher with or without India and chinese those days are gone, look into the future. In the past not many american used to take science and Technology filed but now its different.
I wouldn't say they are cruel, but they are certainly selfish..and are bent on sucking the blood of would be immigrants/working non-immigrants...the best way to prevent this from happening is to not come here....let the Indians/Chinese completely stop coming here on H1s/L1s and then we'll see how far can America fly...
So, what made you import yourself here? You could have stayed back in your own country..by the way, coming on a H4 was a choice..it wasn't forced upon you...didn't you know before coming here that you would have to stay home on a H4? H4->F1, H4->H1...all these options are always open to you..
America will fly even higher with or without India and chinese those days are gone, look into the future. In the past not many american used to take science and Technology filed but now its different.
more...
makeup ig sean my last video. 2011 wallpaper house Big Sean - My Last ft.
pd_recapturing
11-18 02:24 PM
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
Hi gc4me, Can you please open a new thread that you have got a phone call from Ombudsman. People will see the thread and will get more motivated. If you think, it will not help, please ignore.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
Hi gc4me, Can you please open a new thread that you have got a phone call from Ombudsman. People will see the thread and will get more motivated. If you think, it will not help, please ignore.
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whitecollarslave
03-26 05:43 PM
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
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shx
06-15 11:58 PM
Fraud must not be tolerated for any reason. I endorse the actions of the OP in bringing these violations to the ICE, despite all the whiners on this forum.
The primary reason for all these violations is the greed for money. Whiners, this is not a case against the L1 creatures or immigrants. This is against greed, corruption and injustice. So quit whining.
The primary reason for all these violations is the greed for money. Whiners, this is not a case against the L1 creatures or immigrants. This is against greed, corruption and injustice. So quit whining.
vishwak
03-29 09:04 AM
I read the news too at The Oh Law Firm (http://www.immigration-law.com/)
Hope this hold and comes true. All the best to my brothers and me.
Hope this hold and comes true. All the best to my brothers and me.
walking_dude
11-03 11:09 AM
Just 51? Only 51 members used AC21 or what?
What will it take the rest to participate? USCIS sending denials to your address? If this campaign fails there is no one to help you if this happens.
Send those letters ASAP
What will it take the rest to participate? USCIS sending denials to your address? If this campaign fails there is no one to help you if this happens.
Send those letters ASAP
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