trueguy
08-21 03:06 PM
Here is the link I was referring to in my earlier post: http://immigration-information.com/forums/blog.php?b=13
I'm not sure whether USCIS ever *appologized* per say but the second paragraph from the link above supports my earlier argument that the new spill-over policy (which in my personal opinion is more rational) is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.
This is not a proof that DOS apologized. Ron Gotcher is a good lawyer but what he mentioned on his blog cann't be used in court. Anyways, thanks.
I'm not sure whether USCIS ever *appologized* per say but the second paragraph from the link above supports my earlier argument that the new spill-over policy (which in my personal opinion is more rational) is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.
This is not a proof that DOS apologized. Ron Gotcher is a good lawyer but what he mentioned on his blog cann't be used in court. Anyways, thanks.
wallpaper house Green River Killer
buddyinsd
08-20 12:15 AM
The pain of waiting for 9-yrs is nothing compared to the wait now (after dates got current)...Refreshing my yahoo mail on iPhone atleast twice per hour, Clicking on Safari where the last visited page is that of case status online (Click the status btn frequently) --- Life is difficult :(
Like an ad says: "Stay thirsty my friend", I hope I dont have to stay thirsty "FOREVER".
God save us from this misery just like u've been saving a few others!!!
I am in the same situation. I share your pain.
I think the scientific community should stop their search for a black hole. Considering the difficulty in extracting the least bit of information from the USCIS, they will beat any black hole hands down. :-)
Like an ad says: "Stay thirsty my friend", I hope I dont have to stay thirsty "FOREVER".
God save us from this misery just like u've been saving a few others!!!
I am in the same situation. I share your pain.
I think the scientific community should stop their search for a black hole. Considering the difficulty in extracting the least bit of information from the USCIS, they will beat any black hole hands down. :-)
rockstart
04-27 09:09 AM
I agree I too have never seen H1B only ad's anywhere even body shoppers never post this kind of ad which is blatant discrimination. I guess the best way to say H1B only is to post ultra low wages (something close to state minimum's) that way only H1B show interest. SO the best way to tackle it is by either raising state minimum wages to make it fair playing field for all or auditing present companies to check for misuse of H1B with folks on bench, non pay, false documentation etc.
I am in the US for 7 years now, and frankly, I am yet to see a H1B ONLY job posting...
Hmm... me thinks, I was hibernating in the h1b golden years :(
pal :)
I am in the US for 7 years now, and frankly, I am yet to see a H1B ONLY job posting...
Hmm... me thinks, I was hibernating in the h1b golden years :(
pal :)
2011 Green River Killer Gary
optimystic
03-24 04:00 PM
Got a reply back just now
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.
After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.
After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).
more...
Googler
10-17 11:55 PM
By Mr. Cannon:
"NNCPS is partnering with other Agencies to provide contractors and personnel to process name checks. For example, the FBI and USCIS have implemented a key initiative to use contractor resources to prioritize the processing of "Single-Hit" USClS Name Check requests, that is, pending name check requests that have only one FBI file potentially identified with it that needs to be reviewed in order to process the request. By applying contractor resources to process these "Single Hit" requests, the FBI may significantly reduce the pending USClS name check workload."
Declaration of M. Cannon filed in one of the civil cases in Northern GA, dated October 4th, 2007. To know for sure you have to have a pending lawsuit and send a discovery request to district US Attorney.
First of all, lazycis, thank you for all the great information on the immigration portal WOM thread and now on the IV forums. The community owes you.
Re: this Cannon declaration -- do you mind sharing the case number or case name (X v Chertoff) or the declaration if you have downloaded it from Pacer?
"NNCPS is partnering with other Agencies to provide contractors and personnel to process name checks. For example, the FBI and USCIS have implemented a key initiative to use contractor resources to prioritize the processing of "Single-Hit" USClS Name Check requests, that is, pending name check requests that have only one FBI file potentially identified with it that needs to be reviewed in order to process the request. By applying contractor resources to process these "Single Hit" requests, the FBI may significantly reduce the pending USClS name check workload."
Declaration of M. Cannon filed in one of the civil cases in Northern GA, dated October 4th, 2007. To know for sure you have to have a pending lawsuit and send a discovery request to district US Attorney.
First of all, lazycis, thank you for all the great information on the immigration portal WOM thread and now on the IV forums. The community owes you.
Re: this Cannon declaration -- do you mind sharing the case number or case name (X v Chertoff) or the declaration if you have downloaded it from Pacer?
gc_on_demand
08-25 03:19 PM
Ok...the way I see this is 5000min/month at $25 (not adding taxes) is 5 cents a minutes...that is more than what I pay for my calling cards....bottom line....if your monthly calling bill is less than $ 25 there is no reason why you should get Vonage.
Use this one !
Free online calculators for home, work, and school (http://www.calculateforfree.com/)
Use this one !
Free online calculators for home, work, and school (http://www.calculateforfree.com/)
more...
bank_king2003
09-22 11:24 AM
It is fine for you NOW that you received your GC now and "see" the plight of IO. You are drinking cool aid now under the awnings of Green card. It is now tough for you to understand the plight of the people on "this" side as you crossed over to the "other"side. It is the same old story of people who got their GC and Citizenship dont care about the people who are going to wait for dog long years. Imagine what would have you done, if you didn't receive your GC in 15 days time, i am sure that by this time you would have shaked the earth from heaven to hell by calling your senators, ombudsman, alderman, congressmen etc. Instead of giving advice to others to understand the plight of IO's, keep your emotions under check and encourage others to do their best. Do not post unnecessary comments.
buddyinsd is a crap. dont even bother responding to him... his grey matter sends him a signal to go to any thread and vomit. when put in ignore he starts barking to gain attention.
On the other hand i would strongly encourage people to do what they can do. in my example i have done what a person can do maximum and got positive results. I have even got a phone call from secretary janet's office. loosers like buddyinsd will discourage people to take action for there green card but you guys dont have to stop. it is your fight not this losser's fight.
buddyinsd is a crap. dont even bother responding to him... his grey matter sends him a signal to go to any thread and vomit. when put in ignore he starts barking to gain attention.
On the other hand i would strongly encourage people to do what they can do. in my example i have done what a person can do maximum and got positive results. I have even got a phone call from secretary janet's office. loosers like buddyinsd will discourage people to take action for there green card but you guys dont have to stop. it is your fight not this losser's fight.
2010 Gary Ridgway, known as the
waitnwatch
08-21 12:11 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first 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 (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - 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 paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - 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), .........
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first 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 (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - 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 paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - 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), .........
more...
puddonhead
10-24 08:42 AM
just when I thought I came up with an innovate idea to get more funds to help us, I see you already thought about this before I did.
I'm planning on sining up for vonage. Please send me an IM and I'll respond back.
Because both of us are saving $50 each, I expect you will donate at least $25, and I'll will donate $25 for my part.
Thanks for supporting IV.
Sent you a PM...
I'm planning on sining up for vonage. Please send me an IM and I'll respond back.
Because both of us are saving $50 each, I expect you will donate at least $25, and I'll will donate $25 for my part.
Thanks for supporting IV.
Sent you a PM...
hair This is Gary Ridgway#39;s legacy.
lazycis
11-23 08:39 AM
Amicus brief filed in the 1st Circuit appeal by AILF.
The brief discusses in details three major questions:
1) why the USCIS has a duty to adjudicate any application properly filed with them
2) why 8 USC 1252(a)(2)(B)(ii) does not bar jurisdiction in AOS mandamus cases
3) why the duty to adjudicate does not depend on a specific statutory or regulatory timeframe.
http://boards.immigrationportal.com/attachment.php?attachmentid=17149&d=1195639525
Amicus brief filed in the 11th Circuit appeal by AILF. Discusses the same questions, a good reading.
http://boards.immigrationportal.com/attachment.php?attachmentid=17018&d=1190059659
The brief discusses in details three major questions:
1) why the USCIS has a duty to adjudicate any application properly filed with them
2) why 8 USC 1252(a)(2)(B)(ii) does not bar jurisdiction in AOS mandamus cases
3) why the duty to adjudicate does not depend on a specific statutory or regulatory timeframe.
http://boards.immigrationportal.com/attachment.php?attachmentid=17149&d=1195639525
Amicus brief filed in the 11th Circuit appeal by AILF. Discusses the same questions, a good reading.
http://boards.immigrationportal.com/attachment.php?attachmentid=17018&d=1190059659
more...
lahiribaba
03-04 01:54 AM
Wanted to update on my Infopass appointment, I have multiple 485's pending based on separate 140's(one approved and other pending) with different A#'s and at different service centers. So was bit concerned. The IO informed me that all my 485's and 140's have been consolidated and all applications are in the same file at one service center so nothing to worry about. She also told me to use the A# from the first 485 for future communications with CIS.
People who have multiple 485's pending, my word of advise is its not a problem. CIS takes care of it. And this is true even if you have different A#'s.
Thank you for sharing this information
People who have multiple 485's pending, my word of advise is its not a problem. CIS takes care of it. And this is true even if you have different A#'s.
Thank you for sharing this information
hot the green river killer
rsharma
09-24 07:57 PM
Thanks Ramba for the analysis. Kudos to you to bring out the true fact regarding the spill over. I see you are belong to Eb3 ROW category but still you stood for the truth.
Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.
Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.
more...
house hot hair Gary Ridgway - Green
waitnwatch
08-21 05:40 PM
In my opinion it is very naive to think that USCIS/DOL just realized that they had 'misinterpreted' the law. ..... The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.
In a couple of my previous posts I copied the relevant Sections (Sec. 202 and 203) of the INA which specifically states that distribution should be preferentially horizontal. Both Sections should be read together.
Please note that there is no ambiguity in the law and DOS may just have taken too long to change the US Code or other relevant section of their rules.
I will definitely be willing to change my interpretation if you can show where the ambiguity in the law lies. I'm definitely not a lawyer so it's quite possible that I'm missing some clause in the law.
In a couple of my previous posts I copied the relevant Sections (Sec. 202 and 203) of the INA which specifically states that distribution should be preferentially horizontal. Both Sections should be read together.
Please note that there is no ambiguity in the law and DOS may just have taken too long to change the US Code or other relevant section of their rules.
I will definitely be willing to change my interpretation if you can show where the ambiguity in the law lies. I'm definitely not a lawyer so it's quite possible that I'm missing some clause in the law.
tattoo green river killer gary
pani_6
08-25 10:36 AM
So after all this Is it flower, calls or Letter or all??..15 days counting for the next bullettin..:confused:
more...
pictures Green River killer Gary
Karthikthiru
03-26 01:06 PM
My wife recently started working using EAD. The HR folks there are well aware of EAD as there are people already working there on EAD. They did not have any issues with EAD. The only thing that they were saying from the begining is that they cannot sponser H1B and also the only thing they asked is whether she work authorization in this country. When she submmited the I9 form, the HR person just remained her to send the copy of EAD everytime she renews it
Karthik
Karthik
dresses The Green River Killer (film)
maru
10-16 02:35 PM
all cks for 485, AP and EAD cashed yesterday for me, husband and 2 sons. july 2nd filer, filed at NSC,r mikels, 9:54 am. goodluck to the rest still waiting...
more...
makeup Killer-Gary green river
nuke
09-24 04:18 PM
According to the report Mexico EB3 has 2240 pending cases till the end of 2001
and India EB3 has 1630 pending cases till the end of 2001
Then according to current visa bulletin why does PD for India way behind Mexico???
and even China is behind Mexico when they have only 108 pending cases till end of 2001.
Something is wrong with the numbers or they mean something else??
and India EB3 has 1630 pending cases till the end of 2001
Then according to current visa bulletin why does PD for India way behind Mexico???
and even China is behind Mexico when they have only 108 pending cases till end of 2001.
Something is wrong with the numbers or they mean something else??
girlfriend 2011 Green River Killer Gary
gc_on_demand
09-16 10:03 AM
Single Person's Effort Makes Difference
Everyone should try.
Please call committee memebers and local congressmen/women
Everyone should try.
Please call committee memebers and local congressmen/women
hairstyles Green River Killer pleads
RDB
11-25 05:15 PM
Well, no - my basic argument is that the banks bloated up the 'real' asset value - I had the money then and I have the money now and I am still paying my monthly mortgage amount - the point is about the inflated housing prices.....with these banks knowing the actual value of the asset and still going ahead with the extravagant loans.
From another point of view, tell me 1 reason why would you lend out money to somebody who you know would not be able to pay you back?
Let me try to understand your logic. You don't have money and went to bank and requested that they help you out with a loan. They give you loan based on what you bid your house and it is all their fault. If only banks had refused the loan, you wouldn't have bought the house. Is this your logic? Do you ever think for yourself?:confused: I am not going to say that banks were not at fault. But to act like nothing is punjabi's fault is ridiculous.
BTW if you think he can afford it now wait for another year. The full impact of these mistakes will be known by then. We will be deep into a depression. We will have on top of it ALT-A resets and his house will lose more than 20K for sure. My opinion would be to sell it now and take the hit or wait and lose more. The housing will not rebound to the 2007 peek for a decade.
From another point of view, tell me 1 reason why would you lend out money to somebody who you know would not be able to pay you back?
Let me try to understand your logic. You don't have money and went to bank and requested that they help you out with a loan. They give you loan based on what you bid your house and it is all their fault. If only banks had refused the loan, you wouldn't have bought the house. Is this your logic? Do you ever think for yourself?:confused: I am not going to say that banks were not at fault. But to act like nothing is punjabi's fault is ridiculous.
BTW if you think he can afford it now wait for another year. The full impact of these mistakes will be known by then. We will be deep into a depression. We will have on top of it ALT-A resets and his house will lose more than 20K for sure. My opinion would be to sell it now and take the hit or wait and lose more. The housing will not rebound to the 2007 peek for a decade.
test101
07-09 06:57 PM
We should support this actually and do something nice and thoutfull for the injured men and patients. We should support that and enforce more media attention to this.
immi2006
06-26 01:26 AM
Folks,
This is the best I have come across :
husband files for himself - I 485
Wife files for herself - I 485
If one of the apps are approved, the other can Join.
No risks....
This is the best I have come across :
husband files for himself - I 485
Wife files for herself - I 485
If one of the apps are approved, the other can Join.
No risks....