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  • BharatPremi
    03-26 10:32 AM
    I agree we might not always have hard evidence unlike the OP here. And lot of employers might be doing this. I have never faced this, yet. However, we have to act on it. The first step is to complain to the govt. Maybe if there are lot of complaints, govt will investigate and find the dirt, and fix it.

    Another idea is to bring it to the attention of the job boards that discriminatory ads should not be posted. Lets give this a try.

    To those effected, write to the govt if you are in a situation where you can.

    Right but the here problem is that how to come up with written evidence of discrimination? These jerks do not send you an email "Hey, we do not consider EAD". Their pattern is generally as under.

    You get an first email for their interest as your resume matches teh job
    description and they want you to spit out everything in your reply
    Say you have written " Authorized to work for Any employer in USA" for
    work status, they do not communicate to have you spitted out specifics.
    They call you. If you do not spit out, they would not go ahead. If you spit
    out "EAD" smart ones do not even talk further and you find all
    communication stopped. Now this is my own experience. Tell me how can
    I convert this into "evidence of discrimination". Even if I have tape
    recorded conversation, that guy did not utter any single word after I
    spitted out "EAD"

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  • sunty
    09-23 05:22 PM
    Seeing this data and if USCIS and DOS follow quarterly spillover (as some mentioned that this is the law), then things look a lot better. But again, who knows...

    Quarterly spillover is very important for us and we should make sure that if that is what the law intends, then USCIS/DOS follow that.

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  • acecupid
    08-21 12:28 PM
    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.

    Dude if people are taking initiative to do something on their own, what is your problem? If you dont support the initiative you dont support it. STOP discouraging others. Everyone supports HR 5882, we all know that and will continue to support it.

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  • gc28262
    09-24 05:50 PM
    Good Question. AC21 usage introduces a "Chicken Or Egg" situation. Our limitations 1) Till we interfile we have to show us fulfilling EB3 job calssification related obligations ( that also is a "future" postion in reality). Now if EB2 application is from "same employer" then that employer can logically produce the letter matching EB2 level experience after "real and natural skill progression" only to prove that you are fit for more advanced skill level job in other words after wait for 2-3 years.

    Many of us could be over-qualified for our current EB3 position (after so many years of wait) and is accepting the current position only to strictly adhere to "same/similar" job classification. In that case employer can file a GC for our real qualification i.e. Eb2.


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  • pappu
    06-22 08:42 AM
    I have direct responses from Murthy and Rajiv Khanna now . Plus 2 other american lawyers I know. The answers have variations. I'm going to do my own research and would encourage others to do the same before coming to a conclusion on this.

    If you have asked this question to your own lawyers about multiple I485 filing, please post them here.

    Members can then look at all the information and make their own decisions.

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  • 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 :)


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  • peer123
    05-15 12:31 PM
    Do I have to have 140 approved for getting EAD, I can file jointly now --- which I will be - So will i get my EAD before 140 is approved.


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  • brb2
    08-05 08:44 PM
    It will not help. Your aliases will be checked too. If you look at the names of 3000 or people stuck in name check, it is mostly Indians, Chinese, Russsians and a smattering of some Arab names from all over the world including middle east and Africa. Most are men. Evidently, this is racial and religious profiling based on "classified criterion". It will be interesting if AILA files a class action suit against FBI/USCIS by a whole class of people targetted, who in most cases have nothing to do with any crime.

    Look up the names of people stuck in name check to see how common names like Singh, Kaur and Kumar are caught up. Shows how intelligent the alogrithm is!

    my lastname is unique.
    will it help ?


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  • diqingshen
    06-29 03:55 PM
    I am not a member.

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  • gc28262
    10-05 02:00 PM
    When I call through vonage phone, the wireless internet connection to other computers is getting lost. Is this the problem others have too?

    Is it having another router in between your vonage phone and cable /DSL connection solve the problem?

    Any thoughts? Has anyone inquired this with vonage folks?

    Vonage won't affect any wireless connections.
    Do you use a cordless phone ?
    The wireless transmission from your cordless phone maybe affecting the transmissions from your wireless router.


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  • malibuguy007
    09-09 07:51 PM
    Is anyone sending emails as well or is it only calls?

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  • nrk
    08-17 02:03 PM
    congrats enjoy your freedom.

    Finally got the magic email, straight to card production ordered. After 12+ years in this country and 3 labor filings

    NSC, EB2
    Priority Date - 2/3/2006
    Receipt Date - 7/2/2007
    Notice Date - 8/10/2007
    RFE - April 2009 replied promptly in a few days, status was stuck at RFE response received since then.

    Opened SR on 8/4/2010
    Filed DHS-7001 last week 8/11/2010

    hadn't heard anything back from either of the two methods above.

    Card/ Document Production

    On August 17, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.



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  • dontcareanymore
    01-09 04:32 PM
    Counting time after I140 approval towards citizenship proposal is already on our table for things to consider as a campaign. For Campaigns like this, we will need massive support than what we currently have. Even recent greencard holders can benefit from it.
    So the first step before we undertake any big project is to get more membership base.

    So let us first figure out ways in which we can get more people involved on IV. Without massive participation no campaign, letter/lobby/phonecall etc will work. We need to really go out of our way and spread the word around so that everyone that is stuck in this immigration mess can join this movement.

    I know IV is just for employment based, but I believe other categories of people also are victims of "Adjustment Of Status" delays and they will and can benefit from this proposal. I guess a broad based coalition is possible. There are people with political muscle that benefit from this development (Latino Votes).

    Is it a good idea to reach out to other immigrant groups ?

    Just my 2 cents.

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  • jsb
    09-25 03:51 PM
    Thanks. I did sent email and fax last week.

    What action do we expect on our letters/faxes to Congressmen, besides a routine reply USCIS is used to. This is not the first time that somebody is bothering them in their leizurely work. If they have tons of filings all over their offices, how do you expect them to find your case out of them.

    USCIS continue to say that they have loads and loads of filings yet to be entered.


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    08-14 11:18 AM
    Today I received my card in mail.
    Greened on 8/3/10

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  • letstalklc
    09-15 03:16 PM
    I want to move from reliance to airtel or trueroots before deciding on vonage. Can someone tell me as how good is airtel 1c/min offer? hows the quality to india and other countries?


    Airtel call quality is really good and it's cheap compare to reliance....I stopped using reliance almost 3 years......if you pay 9.99+taxes will give you 600 minutes talk time and 45 days validity...I also used for australia and singapore, call quality was great...never had any problems...


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  • BharatPremi
    03-25 01:18 PM
    I got this from a reqruiter

    I responded to her that I have EAD and she never got back

    Mark's previous suggestion works fine in such scenarios. Do not mention the word "EAD" before hand.Do not mention H1 even. Do not try to even discuss EAD/H1 etc... As long as requirement allows Green card and where ever it is required for you to mention work status, jot down " Elligible to work for any US employer in USA". That would work. After interview, if they select submit EAD as a proof. At that moment they will not be able to deny that as a work status proof.

    Note: Other thing I experienced is using the word "Work Permit" in place
    of "EAD" makes things easy for everybody.

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  • gc_on_demand
    09-09 04:39 PM

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  • Saralayar
    01-07 11:14 PM
    Been here since 1998. Filed labor in 01 but was revoked due to tech downturn. Filed again in 05. Fortunately my GC was approved last Aug.

    I think the final goal for most folks is citizenship.. including some of those who dont want to stay here permanently. Waiting 15 - 20 years for citizenship makes no sense.. if they are thinking of giving it to illegals in 10 years, whats wrong in asking?
    Good. Welcome to the good school of thoughts..

    03-31 01:58 PM
    Thanks pappu for the updates!
    During the discussions on 1485 filing provisions we there were questions related to EB2, EB3 backlog numbers post 2007 july + Based on the recent information we got on pending numbers + our discussion on if EB2 will get current this year helps us understand how the last quarter will behave. This analysis is not official and is our own interpretation based on information we know. We do not wish to seek out specific information on visa bulletins. It has not been IV policy. VBkris has been involved with IV statistical analysis of data and has been in meetings with officials. He has come up with an explanation to this news and how it may play out for the last quarter. His interpretation makes sense to me and I have asked him to post on the forum.

    07-09 06:48 PM
    You are right! It seems USCIS has an "acceptance" probem...

    Can't accept

    1. Legitimately filed I-485s
    2. Affectionately sent flowers
    3. To top it all, its own "ineeficiency"

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