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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 -

    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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  • factoryman
    05-21 08:47 PM
    Be ready with the following supporting documents. My attorney asked the following:
    1. Personal Details -
    (Travel Plans in the next 3 months, Moving Plans in the next 6 months, Contact Information, Passport and I-94 info, Employment Hisotry - Last 5 years+ Last job ouside US, Residence History - Last 5 years + last residence outside US, LC, I-140, EAD and details, and a few other questions, etc)
    2. Passport copies- all pages, current, all old.
    3. All I-20, I-94, I-797, LC, I-140 copies
    4. Birth Certificates or Birth Affidavits
    5. Marriage Certificate or Marriage Affidavits -
    6. Sealed Medical Exam Cover - I-693
    7. 6 photos for adults ( 4 if under 14)
    8. Photocopy of current I-94
    9. Divorce Certificate (if applicable)

    Happy Filing.


    With the June visa bulletin, my priority date became current. My Labor and 140 already approved. When can I apply for I485? After May 31 or before May 31.

    Thanks for your help.


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  • nmdial
    09-24 12:06 PM
    The link is still there: (if you meant the pending list)

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  • unseenguy
    06-19 02:14 AM
    You are certainly showing your class and language skills here. Your momma teach you to talk like that? :rolleyes:

    Tell me something.. when you applied for your L1 visa, did you fill out a DS157 form? All males in a certain age group are required to fill that, women are not.. but I'm not sure what they require from hijras like you :D

    Again dumb idiot check your comprehension skills. You are making an assumption I am on L1.

    And before you invoke my family members, check what yours have taught you. Did I ever mention your mother eventhough I could? What did your mother teach you, too call others hijras? :)) sounds very cultured family.


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  • shreekhand
    10-06 01:34 PM
    I hope your wife is recovering and feeling better now. Also best wishes that you get your GC quickly after all the effort that you have put in :)

    Interesting that your handle is seekerofpeace. I hope you are at peace in any fight for justice.

    Communist/progressive leaning organizations such as ASHA and AID are fighting, doing activism, struggling and all doing all that, with a subconscious unhealthy feverishness in the mind. The long term result of their noble goals tends not to promote peace but a latent violence (does not have to be manifest violence).

    It is possible to bring justice with inner peace but at the same time steadfast determination.

    I am writing not directing to SOP who I wish only the best, but to bring about these subtle points.

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  • Bpositive
    02-09 04:35 PM

    in my case i got no slip..whenever i call consulate new delhi they say still under admin processing ?? my lawyer checked with DOS..DOS had sent approval on jan 25th..still under proc at embassy !!

    NOT SURE WHY ?? this delay is ??

    i maybe forgetting..but which consulate did you go to and if new delhi then what was the description(looks) of the VO ?


    chennai consulate


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  • gbof
    08-17 01:15 PM
    So you still think that 2 weeks logic still works :)...

    Your prediction for urself and gbof went on fine :)..

    I have no clue where my file is..

    Wait continues for me

    Its your turn now.... I know waiting is so draining.
    I was a kinda relieved when at infopass, IO told 'your case was assigned on 7/23' I asked no more day CPO followed by decicision n welcome mails.....

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  • overseas
    10-22 08:22 PM
    Many congratulations Inderman, enjoy your freedom.

    I've sent 7001 form to ombudsman and wondering how many days it will take to get a response from them. Can you tell us how long it took for you to get response and how did they contact you? Also after sending 7001 did you follow up by calling or mailing ombudsman?



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  • kothari_rupesh
    08-17 01:34 PM
    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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  • Karthik Thambidurai
    07-11 01:47 PM
    Wrote an email to NPR (National Public Radio).

    I also wrote to John Stossle 20 / 20 for a coverage (Skilled immigration) but haven't had any reply.


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  • guyfromsg
    07-01 12:45 PM
    If they decide to cut-off some day next week can't believe how a day or two would make a huge difference in someone's lives. This is very cruel. We have to react based on the infomration we have and it keeps changing every day. So every time I have to run to my manager/director ask them to escalate to HR and they talk to Lawyer. I look like a guy pushing panic button all the time but in reality if we don't act quickly will regret for next few years. Never had a such a bad July4th holiday :(

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  • feedfront
    09-13 05:01 PM
    Hi guys,
    How long does it take to receive RFE letter by mail? Can we get a copy of RFE letter at the InfoPass appointment. I don't have patience anymore to wait. At least they can tell us what the RFE is about on the phone. These guys are trying my patience.

    Did you also get RFE? Don't worry dude, you have waited so long, few more USCIS's hurdles to go. Good Luck.


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  • amsgc
    09-23 09:27 PM
    Dude - it clearly says the data was updated Aug 25, 2009
    Look here ( D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)

    I have read on USCIS web site that it is a quarterly report, this strange report do not have a date on it saying when it was generated. If it is a quarterly report I dont understand why they ran it in the middle of a quarter? This report should be run at the end of the quarter. Not in 1600AD what USCIS considers to be 2009.

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  • venetian
    10-21 03:11 PM
    Today my friend, his wife and kid got CPO emails. His PD is Aug 2004, EB2-India.


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  • kuhelica2000
    01-24 12:18 PM
    In my 10 year stay in the US, I have traveled through UK only once and I had promised to myself I will never fly through UK again. Apart from the Transit visa hassel, they do not allow you to carry a laptop in addition to your carry-on. Even if the airline allows you to carry laptop in addition to a carry-on, the obnoxious UK airport authority will force you to pack your laptop inside your carry-on.

    Boycott UK!!

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  • johnamit
    06-25 08:17 AM
    My attorney told me to use control number on your latest stamped visa, in my case it is 14 digit number

    Which one to use?

    This is the number in red on your visa stamp in ur passport. Mine is 8-digits long. Even if ur visa stamp has expired you've to provide that number.
    Hope this helps!


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  • chanduv23
    03-24 04:08 PM
    Got a reply back just now

    My mail to Capital One after getting the initial response:


    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,


    HRs generally "quote" the policy word in every sentence they speak or write. It is a matter of interpretation. The HR may not have a decision making power and is just following what he/she is asked to do. No company has a policy that says GC or citizen, but policy can says "Authorized to work for any em ployer in the United States. I guess it is a matter of interpretation.

    The HR seems to be ill informed. Many companies do accept EAD and they are quite aware of the delays in EAD renewal - and that has rarely been the basis to reject a petition.

    If this is a trend then it is an issue to all, but if this is an isolated case then definitely you can look into places other than Capital One.

    If you want to spend time and resources you can go to a lawyer, but you have no guarantee that you will get the job there too.

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  • eager_immi
    07-11 02:11 PM
    sorry to disappoint you but maybe someone else signed it under his name. I have done that for other family members when they get a fedex.LOL :D :D :D

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  • babu123
    03-29 02:40 PM
    My priority Date is EB2 May 2006. I will be current if the dates got moved.
    I will be out of the country for the entire month of May.
    Please let me know if it is acceptable to be out of the country during 485 approval.
    Also please let me know what I need to do at the port of entry.

    10-14 06:46 PM
    I m Aug'04 filer/TSC
    ND:Oct 5th.
    SR: 9/5
    Very similar situation...
    But i recieved a letter to wait for 6 months...:(
    Any suggestions????

    I didn't get an email but got an sms from USCIS about the case status change to Decision. Here's the update :)

    On October 13, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

    Does that mean an 'Approval'. Between we moved to AZ from FL this week and I'm sending my AR-11 and changed the address over the phone. Is there anything else I need to do ?

    07-09 07:03 PM
    We should send emails to Jon Stewart, Stephen Colbert, Jay Leno, David Letterman, Conan O'Brian, Jimmy Kimmel etc.

    They have tremendous amount of viewership and seems like a perfect material for these shows. I will send email to these guys but if more and more peple can make them aware of this development, this news can potentially snowball. :D

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