pappu
05-09 11:17 AM
Folks,
I would like to run a questions by you guys/gals. I am getting ready to file my I-485 application. My lawyer requested that I find all copies of my I-20, OPT EAD, H1-B's etc. My question is do we have to submit copies of I-20, and OPT EAD for the Adjustment of status (I-485) stage ? Please let me know what you think ?
I-20 is from a university that accept students in the US. The F1 student visa is issued based on the I-20.
OPT EAD - Is one year of practical training that is allowed after graduation
It would help if someone can put a list of all documents needed for 485 filing on this thread to help all such questions.
I would like to run a questions by you guys/gals. I am getting ready to file my I-485 application. My lawyer requested that I find all copies of my I-20, OPT EAD, H1-B's etc. My question is do we have to submit copies of I-20, and OPT EAD for the Adjustment of status (I-485) stage ? Please let me know what you think ?
I-20 is from a university that accept students in the US. The F1 student visa is issued based on the I-20.
OPT EAD - Is one year of practical training that is allowed after graduation
It would help if someone can put a list of all documents needed for 485 filing on this thread to help all such questions.
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drirshad
06-29 08:06 PM
Damn this sucking life man, no social life, no career life, no nothing life. Even animals must be living a better and meaningful life. It sucks big time, did it ever happen in history that uscis revised a visa bulletin on the day it is supposed to go into effect ....
We must fill their mailbox guys, let tham know this cannot be accepted.
uscis.webmaster@dhs.gov
National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)
We must fill their mailbox guys, let tham know this cannot be accepted.
uscis.webmaster@dhs.gov
National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)
SunnySurya
08-07 02:05 PM
Yes, it matters, all those guys whom I speak about has RD of July 2nd 07
Let us assume that EB2 is going to be current in a year or even sooner than that. Given that situation, and arguing that about 500 people jumped ahead into line over you in to EB2 from EB3, still I do not foresee that their GC's will be approved before the people who are already in line, because
1) as FIFO is not being followed by USCIS, probably they are processing cases based on RD,
2) PD porting is effectively done at the time the second I-140 IS APPROVED. At I-485 stage you can only hope to PD recapture and cross your fingers after sending a no fee letter. This will surely would need additional scrutiny, hence is not a so called 'Low hanging fruit'. Even if an EB3 person wants to start his process right now, it will not be probably before a year and half to two years before he/she is ready to port, and by that time you are past the gate or significantly nearer.
so my point of view is if you look at this thing negatively, you would have a Heartburn and related health issues, but if you are positive and an optimist you would deserve what you get.
stay healthy! that is more important than stressing yourself on issues which in the long term do not matter really. (You will get GC on or two rears later in the worst case scenario). cheer up folks:D:D:D
Let us assume that EB2 is going to be current in a year or even sooner than that. Given that situation, and arguing that about 500 people jumped ahead into line over you in to EB2 from EB3, still I do not foresee that their GC's will be approved before the people who are already in line, because
1) as FIFO is not being followed by USCIS, probably they are processing cases based on RD,
2) PD porting is effectively done at the time the second I-140 IS APPROVED. At I-485 stage you can only hope to PD recapture and cross your fingers after sending a no fee letter. This will surely would need additional scrutiny, hence is not a so called 'Low hanging fruit'. Even if an EB3 person wants to start his process right now, it will not be probably before a year and half to two years before he/she is ready to port, and by that time you are past the gate or significantly nearer.
so my point of view is if you look at this thing negatively, you would have a Heartburn and related health issues, but if you are positive and an optimist you would deserve what you get.
stay healthy! that is more important than stressing yourself on issues which in the long term do not matter really. (You will get GC on or two rears later in the worst case scenario). cheer up folks:D:D:D
2011 golden temple, amritsar, india
kpsm88
05-14 03:58 PM
Hi,
We have already made plans for our India trip. We will be leaving US on June 2nd. Can we apply 485 on June 1st and leave to India on June 2nd.
Will there be any complications around this.
As we will be returning in July, we are not sure if my PD will still be current by the time we return back.
Thanks for your time and reply
Regards
KP
We have already made plans for our India trip. We will be leaving US on June 2nd. Can we apply 485 on June 1st and leave to India on June 2nd.
Will there be any complications around this.
As we will be returning in July, we are not sure if my PD will still be current by the time we return back.
Thanks for your time and reply
Regards
KP
more...
bajrangbali
06-17 12:28 PM
Thanks L1fraud guy for bringing up the details to complain. I have contacted the local office and proceeding with the process as outlined by the ICE officer. I agree with you and other members on this thread who say this fraud has to be stopped before it becomes uncontrollable.
Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..
Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..
whitecollarslave
01-11 03:08 PM
I dont know too much about the conflict but the first post on the site says this:
Immigration Voice is starting a massive campaign to make it easier for immigrants and those on non-immigrant visas (H-1Bs, L-1s, F-4 students) to get green cards --- furthering the displacement of skilled American workers (programmers, engineers, scientists, etc.)
So, I'm passing along this suggestion from another group:
Please read the email below, and I ask you to cut/paste their letter text, and then
customize it (which is to say reverse engineer it) asking them to CLOSE
the door, not open it wide. We must act NOW to counteract their
campaign.
So thats just somebody's interpretation of letter campaign. Perhaps one of the enthusiasts over here should post something over there differentiating the goals of the letter campaign from illegal immigration along with all the arguments posted here and explain that their interpretation is incorrect.
Immigration Voice is starting a massive campaign to make it easier for immigrants and those on non-immigrant visas (H-1Bs, L-1s, F-4 students) to get green cards --- furthering the displacement of skilled American workers (programmers, engineers, scientists, etc.)
So, I'm passing along this suggestion from another group:
Please read the email below, and I ask you to cut/paste their letter text, and then
customize it (which is to say reverse engineer it) asking them to CLOSE
the door, not open it wide. We must act NOW to counteract their
campaign.
So thats just somebody's interpretation of letter campaign. Perhaps one of the enthusiasts over here should post something over there differentiating the goals of the letter campaign from illegal immigration along with all the arguments posted here and explain that their interpretation is incorrect.
more...
glamzon
06-29 04:01 PM
http://www.hammondlawfirm.com/alerts/july_2007_visa_bulletin_revision.htm
check this .
check this .
2010 Golden Temple
delhiguy79
10-17 07:17 PM
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
AS FAR AS I KNOW IN MY LAST CONVERSATION WITH RAJEEV KHANNA ... THAT EVEN IF U COMBINE TWO APPLICATIONS THEY ARE TREATED SEPARATELY AS BOTH ARE ON DIFFERENT 140s...COMBINING MEANS JUST TO INFORM USCIS THAT TWO 485s HAVE BEEN FILED FOR THE SAME PERSON.... ONE AS PRIMARY AND ONE AS DERIVATIVE....
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
AS FAR AS I KNOW IN MY LAST CONVERSATION WITH RAJEEV KHANNA ... THAT EVEN IF U COMBINE TWO APPLICATIONS THEY ARE TREATED SEPARATELY AS BOTH ARE ON DIFFERENT 140s...COMBINING MEANS JUST TO INFORM USCIS THAT TWO 485s HAVE BEEN FILED FOR THE SAME PERSON.... ONE AS PRIMARY AND ONE AS DERIVATIVE....
more...
Meghna
05-16 08:16 PM
[QUOTE=Das73]It's always a good practice to take a receipt notice of any action done by your lawyer & keep that for your records.
When you apply for EAD, soon USCIS will ask you to do fingerprints(BIO-2). I think you missed that part and it might be denied or void as it was left for so long!
You can file for new EAD online at https://efiling.uscis.dhs.gov/efile/InteractionMgr?interactionmgr.interaction=SetupEfo rms×tamp=1127234762990
Create your account & you can file your self with out lawyer's assistance. It's always suggested to file EAD(I-765) & AP(I-131) jointly. You can pay by credit card.
(1) After applying online, you will receive 'Receipt notices' of EAD & AP.
(2) Now a days USCIS will set up an apointment for BIO-2 of EAD.
(3) You have to send supportive documents for Advance Parole, like photos,brief explanation of qualifying for AP...I can give you those sample formats !
Coming to I-485 BIOMETRICS, call USCIS & ask them about BIO. Go to this website & register https://egov.immigration.gov/cris/jsps/index.jsp. You must add I-485,EAD,AP & I-140 receipt numbers like LINXXXX and you will get emails when they get approved. You can also see the changes on 'LAST UPDATED' column, which means your case is touched by an officer. But it's not the confirmation of approval until status message has changed or you got an email.
Go thru these 2 links & familiarize well. Hope your I-140 has approved. Finally these are suggestions only & I am not a lawyer. Consult an immigration lawyer if you have uncanny issues.
Goo Luck.
------------------------------------------------------------------------
Thank you for your reply Mr.Das
1) My I 140 was approved
2) I just got my Bio appointment and i am all set with that. i received 1 week after the appointment date but we just walked in and got Bio with out any problem.
3) MY EAD is the only problem
As i mentioned it has been almost 2 years and its still pending. i gave my biometrics at that time and i received my AP for me and my husband. My husband (dependent) got ead but not me :confused:
When you apply for EAD, soon USCIS will ask you to do fingerprints(BIO-2). I think you missed that part and it might be denied or void as it was left for so long!
You can file for new EAD online at https://efiling.uscis.dhs.gov/efile/InteractionMgr?interactionmgr.interaction=SetupEfo rms×tamp=1127234762990
Create your account & you can file your self with out lawyer's assistance. It's always suggested to file EAD(I-765) & AP(I-131) jointly. You can pay by credit card.
(1) After applying online, you will receive 'Receipt notices' of EAD & AP.
(2) Now a days USCIS will set up an apointment for BIO-2 of EAD.
(3) You have to send supportive documents for Advance Parole, like photos,brief explanation of qualifying for AP...I can give you those sample formats !
Coming to I-485 BIOMETRICS, call USCIS & ask them about BIO. Go to this website & register https://egov.immigration.gov/cris/jsps/index.jsp. You must add I-485,EAD,AP & I-140 receipt numbers like LINXXXX and you will get emails when they get approved. You can also see the changes on 'LAST UPDATED' column, which means your case is touched by an officer. But it's not the confirmation of approval until status message has changed or you got an email.
Go thru these 2 links & familiarize well. Hope your I-140 has approved. Finally these are suggestions only & I am not a lawyer. Consult an immigration lawyer if you have uncanny issues.
Goo Luck.
------------------------------------------------------------------------
Thank you for your reply Mr.Das
1) My I 140 was approved
2) I just got my Bio appointment and i am all set with that. i received 1 week after the appointment date but we just walked in and got Bio with out any problem.
3) MY EAD is the only problem
As i mentioned it has been almost 2 years and its still pending. i gave my biometrics at that time and i received my AP for me and my husband. My husband (dependent) got ead but not me :confused:
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aadimanav
01-03 12:55 AM
Source:
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723
Delay In The Age Of Security - Employee Green Card Woes
Geoffrey Forney
WolfBlock
Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.
Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.
Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.
What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?
Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.
The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.
Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.
As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.
Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.
(Part 2 in the next post below)
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723
Delay In The Age Of Security - Employee Green Card Woes
Geoffrey Forney
WolfBlock
Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.
Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.
Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.
What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?
Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.
The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.
Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.
As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.
Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.
(Part 2 in the next post below)
more...
gc_us
09-18 12:09 AM
Happy for those who go the receipts notice.
Mine was signed by J. Barrett on July 2nd @ 10:25 AM and got no update so far.
Tried calling USCIS they don't answer properly.
Lawyers saying can't do anything but wait and watch.
Any idea after 90 days if it's still not in their system then what to do
Mine was signed by J. Barrett on July 2nd @ 10:25 AM and got no update so far.
Tried calling USCIS they don't answer properly.
Lawyers saying can't do anything but wait and watch.
Any idea after 90 days if it's still not in their system then what to do
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DesiGuy
09-09 03:42 PM
guys, i am now in UK and it's night time but trying to call as many as possible.
also asked friends & family (in US) to start calling.
can someone PLEASE start a email campaign (Yes, a chain letter) to at least the DESI community.
This is a great chance for a BIG step forward and many of you have worked VERY hard (which has motivated me also, else i had lost hope).
God bless!!!
forgot to mention reasoning ---> not everyone checks (or is able to) website every day but they do check email...and we do not have much time left.
also asked friends & family (in US) to start calling.
can someone PLEASE start a email campaign (Yes, a chain letter) to at least the DESI community.
This is a great chance for a BIG step forward and many of you have worked VERY hard (which has motivated me also, else i had lost hope).
God bless!!!
forgot to mention reasoning ---> not everyone checks (or is able to) website every day but they do check email...and we do not have much time left.
more...
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dhirajs98
06-20 10:27 PM
I have one PERM EB2 labor certified and I-140 PP in under process. Received an RFE for I-140 on June 1st and my company's paralegal analyst responded back on June 6th. Since then there is no news on my I-140. I have another RIR EB3 labor stuck in DBEC based on the case analyst email it should be cleared by June 30th but there is no assurnace on that. Now I am in a fix whether I should file my I-485 on the PERM EB2 where I-140 is stuck with an RFE or should wait for RIR EB3 to get approved.
Also is it possible to file I-485 on my PERM EB2 case now and later use EB3 RIR PD in EB2 case when I get my EB3 labor and I-140 approved?
Please post your experiences and advise. This is really important for me to find an answer b4 I take any step forward.
Thanks,
-Dhiraj
Also is it possible to file I-485 on my PERM EB2 case now and later use EB3 RIR PD in EB2 case when I get my EB3 labor and I-140 approved?
Please post your experiences and advise. This is really important for me to find an answer b4 I take any step forward.
Thanks,
-Dhiraj
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immigrationvoice1
04-17 03:33 PM
I have sent an email to the id listed on that site (osccrt@usdoj.gov)with emails from Capital One which says they are not in favor of EADs. Will update once I hear back.
Here is the response for my email sent earlier which I received today. Advices are welcome:
Dear Mr. xxxxx:
Thank you for your e-mail inquiry received by the Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC") on March 25, 2008. You inquired whether or not an employer engages in unlawful citizenship status discrimination if the employer rejects an applicant for employment because the applicant possesses an H-1B visa and a valid "EAD".
OSC enforces the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. � 1324b. The Act prohibits employers from discriminating on the basis of citizenship status or national origin with respect to hiring, firing, and recruitment or referral for a fee, unfair documentary practices with respect to verification of employment eligibility, and retaliation. Citizenship status discrimination occurs when individuals are rejected for employment or fired because they are U.S. citizens or because of their immigration status or type of work authorization. The Act does not protect all groups of workers from citizenship status discrimination. U.S. citizens, most permanent residents and temporary residents, asylees, and refugees are protected from citizenship status discrimination. Other classifications of workers like H-1B visa holders are not protected from citizenship status discrimination.
It is not possible to determine whether you suffered unlawful citizenship status discrimination based on the information you provided in your e-mail. If you believe you have suffered citizenship status discrimination, you or your representative may file a charge of citizenship status discrimination in hiring, firing, or recruitment or referral for a fee directly with OSC. OSC will review your complete charge and investigate to determine whether there is reason to believe you have suffered citizenship status discrimination in violation of 8 U.S.C. � 1324b. For more information on the charge filing process, please visit our website at - http://www.usdoj.gov/crt/osc. In addition, individuals may download the charge form from this website. Please note that charges of discrimination must be filed within 180 days from the date of the alleged discrimination. You may send the completed charge form to OSC via facsimile at (202) 616-5509, or by first-class mail to: Office of Special Counsel for Immigration Related Unfair Employment Practices; 950 Pennsylvania Ave., NW; NYAV Building, 9th Floor; Washington, D.C. 20530.
Thank you once again for your correspondence. We hope this information is of assistance to you. If you have any questions or need additional information regarding immigration-related unfair employment practices, you may contact OSC at 1-800-255-8155 (toll-free).
Here is the response for my email sent earlier which I received today. Advices are welcome:
Dear Mr. xxxxx:
Thank you for your e-mail inquiry received by the Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC") on March 25, 2008. You inquired whether or not an employer engages in unlawful citizenship status discrimination if the employer rejects an applicant for employment because the applicant possesses an H-1B visa and a valid "EAD".
OSC enforces the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. � 1324b. The Act prohibits employers from discriminating on the basis of citizenship status or national origin with respect to hiring, firing, and recruitment or referral for a fee, unfair documentary practices with respect to verification of employment eligibility, and retaliation. Citizenship status discrimination occurs when individuals are rejected for employment or fired because they are U.S. citizens or because of their immigration status or type of work authorization. The Act does not protect all groups of workers from citizenship status discrimination. U.S. citizens, most permanent residents and temporary residents, asylees, and refugees are protected from citizenship status discrimination. Other classifications of workers like H-1B visa holders are not protected from citizenship status discrimination.
It is not possible to determine whether you suffered unlawful citizenship status discrimination based on the information you provided in your e-mail. If you believe you have suffered citizenship status discrimination, you or your representative may file a charge of citizenship status discrimination in hiring, firing, or recruitment or referral for a fee directly with OSC. OSC will review your complete charge and investigate to determine whether there is reason to believe you have suffered citizenship status discrimination in violation of 8 U.S.C. � 1324b. For more information on the charge filing process, please visit our website at - http://www.usdoj.gov/crt/osc. In addition, individuals may download the charge form from this website. Please note that charges of discrimination must be filed within 180 days from the date of the alleged discrimination. You may send the completed charge form to OSC via facsimile at (202) 616-5509, or by first-class mail to: Office of Special Counsel for Immigration Related Unfair Employment Practices; 950 Pennsylvania Ave., NW; NYAV Building, 9th Floor; Washington, D.C. 20530.
Thank you once again for your correspondence. We hope this information is of assistance to you. If you have any questions or need additional information regarding immigration-related unfair employment practices, you may contact OSC at 1-800-255-8155 (toll-free).
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nkavjs
11-09 11:35 AM
I called yesterday and spoke to an IO at TSC.. she says I am seen pending for name check as of Oct 17.
I am a July 2 filer.
CAdude.. I have a question for you though.. Did your notices show receipt dates of 2nd July or different.
I spoke to my lawyer about getting it fixed.. but they never responded to me back.
*Happy Diwali*
I am a July 2 filer.
CAdude.. I have a question for you though.. Did your notices show receipt dates of 2nd July or different.
I spoke to my lawyer about getting it fixed.. but they never responded to me back.
*Happy Diwali*
dresses Amritsar, India, Golden Temple
frostrated
10-01 11:49 PM
I recieved 2 notices in mail today.
One is the welcome notices which says that I-485 is approved.
Another notice which says that they reviewing or reconsidering the decision previously taken.
Called 1-800 # and the infopass. They say that reopened or reconsidering the case as the visa numbers retrogressed.
How can that be when am current in oct as well.
Mine is EB2 and the priority date is Dec 2004.
Any suggestions to have this fixed.
what is the dates of action on the notices? maybe that will clarify a little.
One is the welcome notices which says that I-485 is approved.
Another notice which says that they reviewing or reconsidering the decision previously taken.
Called 1-800 # and the infopass. They say that reopened or reconsidering the case as the visa numbers retrogressed.
How can that be when am current in oct as well.
Mine is EB2 and the priority date is Dec 2004.
Any suggestions to have this fixed.
what is the dates of action on the notices? maybe that will clarify a little.
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bvibhu
01-24 11:43 AM
Thanks a lot for sharing your pain. What if I wish to travel through Germany/Netherlands/Swiss/France/UAE? on Advance Parole and if my H type visa is not valid anymore?
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asanghi
05-17 07:03 PM
Does one need to be physically present in US in order to file I-485 application? I had already booked my travel to India on May 25th before I came to know that the my Priority Dates had become current. Will I need to be in US till I get the filing receipt? I was curious on how would UCSIS know that I'm out of country on the day of filing?
Thanks
How will USCIS will know? They have all your immigration related documents including I-94. They can track all of your movements.
Thanks
How will USCIS will know? They have all your immigration related documents including I-94. They can track all of your movements.
hairstyles Golden Temple, Amritsar, India
anda007
07-10 08:45 PM
How about adding more things than just flowers
Somebody mentioned cookies/pizza
Lets keep sending stuff with a note of "Get Well soon"
Let this be a sustained campaign and not just a flash in the pan
Somebody mentioned cookies/pizza
Lets keep sending stuff with a note of "Get Well soon"
Let this be a sustained campaign and not just a flash in the pan
Libra
01-12 02:00 PM
Please cast vote on the tracker thread.
Just mailed letter to President and a copy to Immivoice.
Just mailed letter to President and a copy to Immivoice.
gc_on_demand
09-16 10:09 AM
Called most of the people in the list.
Most of the time it was voice mail.
Person from Brad Sherman office mentioned that congressman was supporting the bill.
Person from Robert C. Scott office mentioned that she did know the position but the congressman has supported these kinds of bills in the past.
Thanks aadimanav. Other please call.
Most of the time it was voice mail.
Person from Brad Sherman office mentioned that congressman was supporting the bill.
Person from Robert C. Scott office mentioned that she did know the position but the congressman has supported these kinds of bills in the past.
Thanks aadimanav. Other please call.
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