PCEE, RM_CSC, NELL02, SILLY MAN. A question for you guys?

gcincsc

Registered Users (C)
Folks,

1. Since its been about 10months, Should I ask my lawyer to ask for a status? / Should I just continue keeping my fingers crossed
2. Does checking AVM delay my process?

Guys, this forum has been a great shoulder for me, but then when you read the posts of others like RFE, I am getting worried.
There is no way of me proving 40hours in my previous jobs in other countries.

I see some approvals for 02-040 and greater. I am happy they got it.

Are there not many in 02-030 to 02-040 series cause
I'm in 02-032-5XXXX?

RIR EB3 INDIA
PD-----12/00
RD-----10/01/01
ND-----11/06/01
AP/FP--12/12/01
Processing Resumed 01/12/02
EAD-----02/15/02

Spoke to IIO couple of times and no proper answer, in the sense that they said "Its still Pending"

I am little frustrated as my project is getting over and Wherever I apply they are asking for G.C., They are not kinda liking the EAD stuff etc. Also I got only 5-6 calls out of 150 emails sent.

Am really worried.

Again am leaning on this strong shoulder of this forum

:confused: GCINCSC:mad:
 
You can say that you can legally work and have a work authorization. EAD is a term that not most people know.
If they ask you that you have a green card. Your answer should be -- that you have Work authorization to legally work.

I know some lawyers will ask INS for a status but some will tell you about the JIT report and refuse to do anything till the date becomes current and has pending for 30 days.

Keep your hopes high. Hopefully things will pan out.
 
Originally posted by gcincsc
I am little frustrated as my project is getting over and Wherever I apply they are asking for G.C., They are not kinda liking the EAD stuff etc. Also I got only 5-6 calls out of 150 emails sent.

It's unfair immigration-related employment practice, read this http://www.usdoj.gov/crt/osc/types.html

You may file a complaint alleging an unfair immigration-related employment practice :)
 
Mostly true. However, some employers and govt. may limit some of the jobs to US citizens only. These jobs are mostly related to defense /national security etc.

It is "document abuse" if an employer has no such reservation but refuses to hire someone just because he/she does not have GC but does have EAD.
 
Silly Replies

Hey GCINCSC,

Your name is screwed up first of all. GC in CSC? With CSC's ways .. no wonder you are tensed up.

Jokes aside, first I'd like to set the facts straight.

a) Yes getting another consulting job on your H1 only is tough.
b) Lawyers are not much help. My view, they know diddly, we guys are much more in touch because it's our assess on fire :). My lawyer told me that I don't need to marry right now, since you can always use K3 visa later .. that is only if you are citizen .. she was so wrong, and I am so screwed.
c) IIO's are not much help either.
d) You change jobs (non-consulting), and chances are you just invited an RFE. (Mostly anyone who'se changing jobs gets an RFE).

Therefore, given the above facts if I were you, this is what I'd do.

Option#1, try finding a project with your current company. Try keeping your salary higher or equal to what it was when your labor was filed. This is very important since, if INS asks for paystubs, this is what they might check.

Option#2, If you cannot satisfy Option#1, try changing jobs permanently, and yea again try keeping your salary higher or equal to ... . As you do this, make *SURE* you a) leave current employer at good terms, b) Have a clear clarification of which lawyer deals with your case, and who pays for it, c) As per your discretion move it from your company lawyer to an external lawyer. Also, as you do this, just keep in the back of your mind, that you will get an RFE. But if you have a secure job, all RFE means is delay in green card, but since you will be able to produce proper documents, you will *still* get it :) .

Option#3, just stay underground, and pretend all is cool, pray to god, and hope INS doesn't notice u've lost your job, and one day VOILA u get ur approval ... maybe tommorow :) .

I noticed someone saying, that it is illegal to distinguish based upon one's legal status. Yea sure it is. How many people actually tell you, that they won't hire you .. because .. you are EAD? They might mean that, but might not express it. Even if they do express it, sure you can sue them and maybe even land a job with them. Meanwhile, while u've been sueing them, you are out of job. INS has a reason to deny your application.

Crux of the story, bookmark that link, keep it as additional info, but don't count on that as an option.

Most important, keep the faith (Bon Jovi). What is your FP location?
 
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GCINCSC,

Though this message is not for me, I would say have patience. You should be getting your approval anytime now.
 
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