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).
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asanghi
05-18 05:50 PM
Hi All-
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.
Thanks in advance.
Shouldn't the photographer know about it? I get my passport size photos taken at costco. I think they make sure that photographs adhere to the standard.
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.
Thanks in advance.
Shouldn't the photographer know about it? I get my passport size photos taken at costco. I think they make sure that photographs adhere to the standard.
Karthikthiru
07-11 01:11 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?hpid=moreheadlines
The page does have the picture of the flowers
Karthik
The page does have the picture of the flowers
Karthik
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pappu
11-06 03:28 PM
Check this:
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
more...
snathan
11-23 05:13 PM
Where did I say that american's gave better advice than desis. I was just trying to compare mentality of two diff community for a same situation.
I m not asking for personal opinion as to how u feel when someone foreclose.I m asking for an advice as to what r the consequences
It was greedy people like you who brought us into this mess. Didnt you think twice before making this huge investment. There are lots of websites/sources saying if you are not going to live in that house for at least five years, Do not buy it.
Every one thought they can make money because the house price is going go up all the time. But only the other guys are 'Stupid'.
Well, when you are going for foreclose it will affect your credit history for very long time. Even it will reset your credit card rate to default APR around 32-38%. I am not sure about the other consequences.
I m not asking for personal opinion as to how u feel when someone foreclose.I m asking for an advice as to what r the consequences
It was greedy people like you who brought us into this mess. Didnt you think twice before making this huge investment. There are lots of websites/sources saying if you are not going to live in that house for at least five years, Do not buy it.
Every one thought they can make money because the house price is going go up all the time. But only the other guys are 'Stupid'.
Well, when you are going for foreclose it will affect your credit history for very long time. Even it will reset your credit card rate to default APR around 32-38%. I am not sure about the other consequences.
kumarc123
01-09 03:30 PM
Good suggestions. Thanks. We do need ideas keep them coming.
I do have a difference of opinion here. Most people come for their questions and discussions rather than advocacy everyday. Thus forums are important. We already have lot of space allocated for what IV is on the homepage.
Pls suggest what changes you think will get us more visibility and confidence with new members.
Hello Pappu,
I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin
1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.
2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.
3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.
Thank you
I do have a difference of opinion here. Most people come for their questions and discussions rather than advocacy everyday. Thus forums are important. We already have lot of space allocated for what IV is on the homepage.
Pls suggest what changes you think will get us more visibility and confidence with new members.
Hello Pappu,
I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin
1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.
2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.
3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.
Thank you
more...
desi3933
06-18 11:11 AM
.......
However, the current "run to the DOL/ICE" approach that you guys are taking may have repercussions well beyond you had bargained for.
......
Are you suggesting the fraud should not be reported?
Its like saying that do not report burglary in your home, as thief may do something bad to the family. Typical scare the victim approach.
However, the current "run to the DOL/ICE" approach that you guys are taking may have repercussions well beyond you had bargained for.
......
Are you suggesting the fraud should not be reported?
Its like saying that do not report burglary in your home, as thief may do something bad to the family. Typical scare the victim approach.
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zram1977
09-15 12:22 PM
got approval mails for me and my wife today.
I dont feel like working today :)
Can you pl tell the Service center ? Is it NSC or TSC
-Thanks
I dont feel like working today :)
Can you pl tell the Service center ? Is it NSC or TSC
-Thanks
more...
gc_chahiye
06-26 01:45 PM
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....
yes, this sames to be the safest option. only catch seems to be:
- if you are on EAD, then you how do you join? your EAD is based off your I485, which u are presumably abandoning so you can join the other application.
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....
yes, this sames to be the safest option. only catch seems to be:
- if you are on EAD, then you how do you join? your EAD is based off your I485, which u are presumably abandoning so you can join the other application.
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desi3933
08-24 09:01 AM
.........
.........
Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it. But when 100 people say "we re going back, disappointed, it will have some effect".
.........
.........
$100 one time.
>> Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it.
Thats sum it nicely. Nobody wants to go back.
Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.
And you think, that will fix the system.
.........
Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it. But when 100 people say "we re going back, disappointed, it will have some effect".
.........
.........
$100 one time.
>> Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it.
Thats sum it nicely. Nobody wants to go back.
Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.
And you think, that will fix the system.
more...
baleraosreedhar
08-21 05:11 PM
Hi All
I think we should not loose hope and feel USICS will wake up and resolve all this mess
1) 4-6 years back there was big mess of labour blachole: people started rasing their voices, companies started writing letters and finally they started BackProcessign centers, streamlined process and finally labours were approved
2) I 140 was taking hell of a time: people started writing letters and ther esult was Premium processing( Even though they have s toppe dit now but still USCIS had listed to us and gave a path to resolve our issues)
So taking all these into perpective, I think all EB3 folks should not loose their heart, but we should make an effort to appraise USCIS,Congress,Senators of the pain of EB3 folks who are waiting for a long time to get their american dream realized.
So dont get dishearted or loose ur focus by others comments, no one dreamed in 2003 that labours will be approved,but still they got approved.So today we maybe facing lot of negative vibes and comments that it snot going to happen and no law tells the EB3 should get their visa's before EB2.So my fellow EB3ians PLEASE write as many letters as possible, as many calls as possible to make it happen.
It all starts with a dream, a zeal to achieve it.So I think it is possible if we make a collective effort .
I think we should not loose hope and feel USICS will wake up and resolve all this mess
1) 4-6 years back there was big mess of labour blachole: people started rasing their voices, companies started writing letters and finally they started BackProcessign centers, streamlined process and finally labours were approved
2) I 140 was taking hell of a time: people started writing letters and ther esult was Premium processing( Even though they have s toppe dit now but still USCIS had listed to us and gave a path to resolve our issues)
So taking all these into perpective, I think all EB3 folks should not loose their heart, but we should make an effort to appraise USCIS,Congress,Senators of the pain of EB3 folks who are waiting for a long time to get their american dream realized.
So dont get dishearted or loose ur focus by others comments, no one dreamed in 2003 that labours will be approved,but still they got approved.So today we maybe facing lot of negative vibes and comments that it snot going to happen and no law tells the EB3 should get their visa's before EB2.So my fellow EB3ians PLEASE write as many letters as possible, as many calls as possible to make it happen.
It all starts with a dream, a zeal to achieve it.So I think it is possible if we make a collective effort .
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english_august
07-10 08:12 PM
It seems the popular perception is that this is an Indian effort.
We need to correct it.
It seems some of the members who interviewed with the media got carried away with "Gandhigiri" and all things Indian. It sounds ironic, we are craving attention from Indian media while trying to become Permanent residents of USA.
I don't think we should read too much into it. IV is obviously not an all Indian forum but the entire idea started with inspiration from an Indian movie and almost everyone that reporters have spoken to is an Indian. So it is easy to take away that impression.
It's not always possible to cram every fact and our every grievance in a 500 word report that needs to be understood by readers who might have not even heard the term green-card.
We need to correct it.
It seems some of the members who interviewed with the media got carried away with "Gandhigiri" and all things Indian. It sounds ironic, we are craving attention from Indian media while trying to become Permanent residents of USA.
I don't think we should read too much into it. IV is obviously not an all Indian forum but the entire idea started with inspiration from an Indian movie and almost everyone that reporters have spoken to is an Indian. So it is easy to take away that impression.
It's not always possible to cram every fact and our every grievance in a 500 word report that needs to be understood by readers who might have not even heard the term green-card.
more...
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sina
06-21 09:32 AM
I have the exact same questions. Could some one please answer these.
Questions:
1. On application form I-765, Question No 11.Have you ever file for EAD?
I have mentioned it as "Yes" (I have applied for my OPT)
2. On application form I-765, Question No 11. Date(s)? Which dates to be used, please specify ?
(EAD notice)
3. On application form I-485, page2, part 3, What is Nonimmigrant visa number? Is it the RED number (8 digit) on visa or the control number(14 digit)
4. On application form G-325A, Biographical information. Applicatan's residence last five years. List present address first. I have specified address for three years and six lines are filled and I could not show the last five years, so how should I show last five years of my residence on the form (should I attach a paper with the remaining address, please specify)
5. On application form G-325A, Biographical information. Applicant: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below.
Should I write in English or in my native language and what should I write for Alien Registration Number.
Any suggestions and inputs on the above questions should help.
Thanks
Questions:
1. On application form I-765, Question No 11.Have you ever file for EAD?
I have mentioned it as "Yes" (I have applied for my OPT)
2. On application form I-765, Question No 11. Date(s)? Which dates to be used, please specify ?
(EAD notice)
3. On application form I-485, page2, part 3, What is Nonimmigrant visa number? Is it the RED number (8 digit) on visa or the control number(14 digit)
4. On application form G-325A, Biographical information. Applicatan's residence last five years. List present address first. I have specified address for three years and six lines are filled and I could not show the last five years, so how should I show last five years of my residence on the form (should I attach a paper with the remaining address, please specify)
5. On application form G-325A, Biographical information. Applicant: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below.
Should I write in English or in my native language and what should I write for Alien Registration Number.
Any suggestions and inputs on the above questions should help.
Thanks
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gcnirvana
06-20 02:59 PM
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!
Hi,
I am filing up form 485 and on Part 3 Section - Processing Information, there is a question asking for Nonimmigrant Visa Number.
Any clue about this?
Thanks in advance,
Kalpen
Hope this helps!
Hi,
I am filing up form 485 and on Part 3 Section - Processing Information, there is a question asking for Nonimmigrant Visa Number.
Any clue about this?
Thanks in advance,
Kalpen
more...
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485Mbe4001
09-24 05:57 PM
We all are, at one time my company was willing to refile with EB2 but the @#!@# lawyers interpret the law differently. They recommended that EB2 filing is not possible because the job is not more than 50% different. Given the vague job descriptions used when they initially filed the labor, i will have to completely change my area of work.
Immigration lawyers are the slimy !@#!@s who are making money based on everyones misery.
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.
Immigration lawyers are the slimy !@#!@s who are making money based on everyones misery.
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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nrk
08-16 04:41 PM
congrats
Finally I got the CPO email today. After 10 years (first GC was filed in 2001), it was our turn today. I received for me and my wife both.
Good luck to all who are waiting!!!!
Finally I got the CPO email today. After 10 years (first GC was filed in 2001), it was our turn today. I received for me and my wife both.
Good luck to all who are waiting!!!!
more...
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sandy_anand
03-31 10:17 AM
If it is for applications money, they might as well make it current.
There are not many applications between Jan2008 and jan2011
Cumulative
Demand Prior To China India All OtherCountries Grand Total
January 1, 2006 0 0 0 0
January 1, 2007 4,200 13,200 0 17,400
January 1, 2008 9,725 22,950 0 32,675
January 1, 2011 9,800 23,050 100 32,950
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
That's because the existing cases have not had a chance to file their I-485 and therefore are not visible in that report. Does not mean they don't exist. My case is a perfect example of that. I'm not counted in that report but I certainly exist! :-)
There are not many applications between Jan2008 and jan2011
Cumulative
Demand Prior To China India All OtherCountries Grand Total
January 1, 2006 0 0 0 0
January 1, 2007 4,200 13,200 0 17,400
January 1, 2008 9,725 22,950 0 32,675
January 1, 2011 9,800 23,050 100 32,950
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
That's because the existing cases have not had a chance to file their I-485 and therefore are not visible in that report. Does not mean they don't exist. My case is a perfect example of that. I'm not counted in that report but I certainly exist! :-)
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abuddyz
01-31 09:05 AM
I havent taken my appointment yet so dont know if that would be the case even for Delhi. But in Mumbai..r they asking to fax the documents (like I-129, I 797A, LCA etc) to them prior to the interview?
in mumbai, someone has to go personally to VFS center to submit documents... we need to submit passport copy, copy of I-797, appointment letter, etc.. but we don't need to submit I-129 and LCA. we need to carry that when we go for appointment.
in mumbai, someone has to go personally to VFS center to submit documents... we need to submit passport copy, copy of I-797, appointment letter, etc.. but we don't need to submit I-129 and LCA. we need to carry that when we go for appointment.
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GCwaitforever
03-26 11:05 AM
Always complain, even if there is no hard proof. The companies may not tell you on your face that they do not hire EADs. But the hiring manager or recruiter must be acting on a policy made elsewhere in the company, directed by some higher-up officials. It will be written somewhere. In that case, OSC can ask for archived e-mails, and phone conversations for a record of discrimination. If discrimination is proved, company is liable for fines, and the higher-up official is sacked. If there is no official communication, the company can claim that the hiring manager or recruiter is acting on his/her own and it is not the company policy. Then the hiring manager or recruiter is fired and the company pledges to enforce the rules strictly. Always a positive outcome for us.
Complain to EEOC also in addition to OSC. Double the pressure on the erring company and you would see quick results.
Complain to EEOC also in addition to OSC. Double the pressure on the erring company and you would see quick results.
EB2DEC152005
08-12 03:01 PM
Did any body filled DHS-7001 form? I have some questions about steps 10,11,13,14,15,16,17. What options to choose? Please help me.
sundarpn
01-16 01:16 PM
I check with my attorney here if there is any way to check this ahead of time, but the answer was negative.
I guess each of u can check with your attorney and post the responses here
I guess each of u can check with your attorney and post the responses here