kosars
08-13 10:47 PM
no i will wait for the receipt
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sanbaj
05-05 03:26 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
saketkapur
06-09 06:35 PM
http://imminfo.com/Newsletter/2009-AILA/Likely_visa_bulletin_cutoff_date_movement.html
Likely Visa Bulletin cutoff date movement
Information provided at the 2009 AILA Annual Conference gives us some insight into likely Visa Bulletin cutoff date movement over the next year. Historically, the INS/CIS have treated filing backlog information as a matter of national security - refusing to release any information. Recently, however, cracks have started to appear in that wall.
We know that the 2007 filing surge resulted in an enormous number of cases submitted to the CIS. The actual number of new I-485s filed is unknown, but estimates range from 350,000 to 500,000. We also know that the CIS, having the fear of God put into them by the State Department in 2007, finally increased their level of production and began adjudicating cases at a pace sufficient to use up each year's quota and not waste any allocated visa numbers through non-use.
At this year's conference, the CIS representatives made several statements which, if true, give us hope for a return to sanity soon. They alleged that they have completed enough EB I-485 cases this year to exhaust the EB quota (140,000). They also alleged that they will soon have completed the "pre-adjudication" of another "110,000 to 120,000" cases to be used against the quota for the next fiscal year (Oct. 1, 2009 - Sept. 30, 2010). Finally, they represented that these adjudication would "pretty much exhaust" the inventory of pending EB I-485 cases at the TSC and NSC.
If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer.
Implicit in this recital of statistics by the CIS personnel is the likelihood that they denied a truly massive number of pending I-485 applications. Before anyone panics, those denials should have been sent out already and are not out there just waiting to ruin someone's day. Only by assuming a very large number of denials does the math make any sense. Without them, you cannot reconcile the large volume of filings with the volume of approvals.
Once these pending cases are closed out, the known "demand" for EB visas will be much smaller and the Visa Office will be able to move priority dates up quickly; in some cases by years.
Another factor to be taken into account is the number of people who have lost their jobs between August 17, 2007 and whenever the cutoff dates cross that chronological line again. In years past, if there were 100,000 applicants with priority dates between August, 2007 and today, we could expect to see at least 90,000 applications. Today, with the economy being what it is, I think the figure is probably closer to 50,000. These are all people who were not eligible for AC21 because they had not filed for adjustment of status. If true, this means that cutoff dates will advance more rapidly than normal after the "2007 deluge" cases are resolved.
Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years.
The State Department official at the AILA conference said that we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 Worldwide: June 1, 2005
EB3 China: March 1, 2003
EB3 India: November 1, 2001
EB3 Mexico: March 1, 2003
These estimates are just that - estimates. They are, however, estimates from the Department of State.
Where numbers move after October 1st will depend entirely upon the demand presented by the CIS. If, in fact, they have pre-adjudicated as many as 120,000 EB AOS cases, then it is unlikely that we will see much additional forward movement until the fourth quarter of the fiscal year (July - Sept., 2010). As discussed previously, however, once we get over this large bump in the road next year, we can expect to see a rapid advance in cutoff date movement.
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
Likely Visa Bulletin cutoff date movement
Information provided at the 2009 AILA Annual Conference gives us some insight into likely Visa Bulletin cutoff date movement over the next year. Historically, the INS/CIS have treated filing backlog information as a matter of national security - refusing to release any information. Recently, however, cracks have started to appear in that wall.
We know that the 2007 filing surge resulted in an enormous number of cases submitted to the CIS. The actual number of new I-485s filed is unknown, but estimates range from 350,000 to 500,000. We also know that the CIS, having the fear of God put into them by the State Department in 2007, finally increased their level of production and began adjudicating cases at a pace sufficient to use up each year's quota and not waste any allocated visa numbers through non-use.
At this year's conference, the CIS representatives made several statements which, if true, give us hope for a return to sanity soon. They alleged that they have completed enough EB I-485 cases this year to exhaust the EB quota (140,000). They also alleged that they will soon have completed the "pre-adjudication" of another "110,000 to 120,000" cases to be used against the quota for the next fiscal year (Oct. 1, 2009 - Sept. 30, 2010). Finally, they represented that these adjudication would "pretty much exhaust" the inventory of pending EB I-485 cases at the TSC and NSC.
If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer.
Implicit in this recital of statistics by the CIS personnel is the likelihood that they denied a truly massive number of pending I-485 applications. Before anyone panics, those denials should have been sent out already and are not out there just waiting to ruin someone's day. Only by assuming a very large number of denials does the math make any sense. Without them, you cannot reconcile the large volume of filings with the volume of approvals.
Once these pending cases are closed out, the known "demand" for EB visas will be much smaller and the Visa Office will be able to move priority dates up quickly; in some cases by years.
Another factor to be taken into account is the number of people who have lost their jobs between August 17, 2007 and whenever the cutoff dates cross that chronological line again. In years past, if there were 100,000 applicants with priority dates between August, 2007 and today, we could expect to see at least 90,000 applications. Today, with the economy being what it is, I think the figure is probably closer to 50,000. These are all people who were not eligible for AC21 because they had not filed for adjustment of status. If true, this means that cutoff dates will advance more rapidly than normal after the "2007 deluge" cases are resolved.
Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years.
The State Department official at the AILA conference said that we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 Worldwide: June 1, 2005
EB3 China: March 1, 2003
EB3 India: November 1, 2001
EB3 Mexico: March 1, 2003
These estimates are just that - estimates. They are, however, estimates from the Department of State.
Where numbers move after October 1st will depend entirely upon the demand presented by the CIS. If, in fact, they have pre-adjudicated as many as 120,000 EB AOS cases, then it is unlikely that we will see much additional forward movement until the fourth quarter of the fiscal year (July - Sept., 2010). As discussed previously, however, once we get over this large bump in the road next year, we can expect to see a rapid advance in cutoff date movement.
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
2011 Hrithik Roshan Wallpapers
bluekayal
07-13 03:28 PM
Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.
more...
imm_pro
06-13 01:12 PM
Guys if you have already called..please ask ur spouse or request ur friends to make the call..every call counts..
rustamehind
08-10 12:21 PM
What make you think BCOM or BBA or BSC is less than any other Bachelor degree EB3 own labor guys have. I am not here to defend or oppose LS. But before you talk about people who are not from same educational background as you, you should come out of bottom of Rock you have been living and breathe some fresh air. I for one, who has BCom and able to get my labor and GC cleared without using any of short cuts. :mad::mad::mad:
The reference was for people who were using other people's approved labours , filed with 4 year degree requirement to jump the line.If you got GC with your own credentials (degree & experience) , thats fine.
The reference was for people who were using other people's approved labours , filed with 4 year degree requirement to jump the line.If you got GC with your own credentials (degree & experience) , thats fine.
more...
grimreaper
05-29 10:10 PM
Great!!
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kshitijnt
06-13 02:28 AM
Is there going to be a full committee vote on 23rd June.
more...
whattodo
07-27 04:48 PM
Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!
Guys....please say....well said (pat on my own back)
Wonderful! Thats a good one. Vonage might give a special GC aspirant discount.
Guys....please say....well said (pat on my own back)
Wonderful! Thats a good one. Vonage might give a special GC aspirant discount.
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Saburi
02-13 10:08 AM
Friends,
If any one needs AC21 letter format do let me know. I can give you the format.
Good luck.
I know what the job title and Job duties were stated in the Labor certification and have acopy of my Labor certification application with me, but if you can give me the format of the letter for AC21 that would be great.
Please let me know
Thanks
If any one needs AC21 letter format do let me know. I can give you the format.
Good luck.
I know what the job title and Job duties were stated in the Labor certification and have acopy of my Labor certification application with me, but if you can give me the format of the letter for AC21 that would be great.
Please let me know
Thanks
more...
franklin
04-13 08:44 PM
hey guys I think its OK now to call IV as Indian organization with this bulltin and per their statement there is a good chance that ROW will move ahead and we will be stuck EB3 India in particular
If you don't stop saying comments like this, you'll totally alienated people like me. It is a global issue, doesn't matter where you are from. People from all nationalities are affected. Oh guess what, it wasn't just Indian nationals who saw no movement.
Or, if you truly feel this way, I'll take my donations elsewhere, and I'll stop meeting with lawmakers on everyone's behalf.
If you don't stop saying comments like this, you'll totally alienated people like me. It is a global issue, doesn't matter where you are from. People from all nationalities are affected. Oh guess what, it wasn't just Indian nationals who saw no movement.
Or, if you truly feel this way, I'll take my donations elsewhere, and I'll stop meeting with lawmakers on everyone's behalf.
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paskal
08-31 05:29 PM
i meant to ask this earlier
if you are unable to make it to DC- and if it's for any reason that we can help with at all- please let me know. you can pm if you want.
if you are unable to make it to DC- and if it's for any reason that we can help with at all- please let me know. you can pm if you want.
more...
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desi485
10-10 07:11 PM
There are many people from these Indian Outsourcing companies who are switching to US comanies or even to local desi bodyshopping companies for various reasons...Like the ones below
1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
2) They don't process GCs in general (very limited cases....)
3) Chances are that one may make more money based on the skill-set
However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.
But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....
Just the fact that you make more money outside is a proof of underpay.
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Any way you argue, the truth is SWITCH is a glorified bodyshopper.
and that too glorified in india by indian media, not by US media.
1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
2) They don't process GCs in general (very limited cases....)
3) Chances are that one may make more money based on the skill-set
However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.
But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....
Just the fact that you make more money outside is a proof of underpay.
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Any way you argue, the truth is SWITCH is a glorified bodyshopper.
and that too glorified in india by indian media, not by US media.
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mirage
12-05 03:18 PM
How can it be less than 10 years ? Each year has 4 quarters. As long as you made your SS contributions while in LEGAL status, you will get SS payments when time comes.
It doen't matter if your were H, GC, EAD...
SSA has been cracking down on illegals however, so it might be wise to keep documentation of your leagal working status for future.
... and remember it's 40 quarters (which canb be acheived in as little as 8 years and 3-6 months if timed right.
It doen't matter if your were H, GC, EAD...
SSA has been cracking down on illegals however, so it might be wise to keep documentation of your leagal working status for future.
... and remember it's 40 quarters (which canb be acheived in as little as 8 years and 3-6 months if timed right.
more...
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rsdang1
06-01 12:10 PM
Wonder how voting here helps - is this a site used by senate?
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rvr_jcop
02-13 01:28 PM
got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11
All three of our cases looks like mailed around the same period i.e. June 2007. Looks like they looking at our files and probably pre-adjudicating. Mine went to Nebraska. What about yours?
All three of our cases looks like mailed around the same period i.e. June 2007. Looks like they looking at our files and probably pre-adjudicating. Mine went to Nebraska. What about yours?
more...
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BharatPremi
11-30 03:18 PM
Forward discriminatory job posting to "compliance@dice.com" for corrective action by Dice.
Conversation with Dice:
Hi xxxxxxxxx,
We actively monitor the site for discrimination and address them on an
individual basis. It is the responsibility of the employer to not
discriminate in their postings and many of them do not realize that they
are being discriminatory. We are constantly working with employers to
make sure they are in compliance with the EEOC guidelines to give them a
heads up as the Justice Department is also monitoring the job boards. As
you can imagine, this is a never ending task.
If you find a particular posting, please forward the posting to us at
"compliance@dice.com" and we will address it.
Since the employers are responsible for their own postings, you will not
receive a reply from our legal department as we are not liable.
Have a great day!
xxxxx xxxxxxxxxxxx
Customer Compliance Specialist
Dice, Inc.
Phone: 1-888-xxx-xxxx xyyyy
Fax: 1-xxx-xxx-xxxx
E-mail: xxxxxxx@dice.com
www.dice.com
-----Original Message-----
From: xxxxxxxxx
Sent: Thursday, November 16, 2006 2:42 AM
To: xxxxxxxx
Subject: Contact Dice Message
First Name:xxxxxxxxx
Last Name:xxxxxxxxx
Address:
City:
State:ALL
Zip:
Country:us
Email:xxxxxxxxxx
Message:
Many of the job advertisements on DICE start with a restriction - US
citizen only, USC or GC only etc ... Only some of these advertisements
genuinely require a security clearance and hence applicable to US
citizens only. Rest of the advertisements are *** DISCRIMINATORY *** for
foreign nationals. Definitely this is a fertile ground for class action
suit by a competent attortney. Please ensure your clients follow the
law. Do not let law breakers post on your web site by coming up with
some point system and penalizing the offenders by removing their ad or
banning them after repeat offenses.
Please look at EEOC web site (specifically foreign nationals section) to
understand current law. I will be waiting for reply from your legal
team, before I take any further action.
Do you really have a proof (legal content) that demanding "Only US CItizens /Green card holders will only be considered" OR " We do not process H1B work Visa" would be agianst the US law? I do not think so.. If you have please point us the finger.
Conversation with Dice:
Hi xxxxxxxxx,
We actively monitor the site for discrimination and address them on an
individual basis. It is the responsibility of the employer to not
discriminate in their postings and many of them do not realize that they
are being discriminatory. We are constantly working with employers to
make sure they are in compliance with the EEOC guidelines to give them a
heads up as the Justice Department is also monitoring the job boards. As
you can imagine, this is a never ending task.
If you find a particular posting, please forward the posting to us at
"compliance@dice.com" and we will address it.
Since the employers are responsible for their own postings, you will not
receive a reply from our legal department as we are not liable.
Have a great day!
xxxxx xxxxxxxxxxxx
Customer Compliance Specialist
Dice, Inc.
Phone: 1-888-xxx-xxxx xyyyy
Fax: 1-xxx-xxx-xxxx
E-mail: xxxxxxx@dice.com
www.dice.com
-----Original Message-----
From: xxxxxxxxx
Sent: Thursday, November 16, 2006 2:42 AM
To: xxxxxxxx
Subject: Contact Dice Message
First Name:xxxxxxxxx
Last Name:xxxxxxxxx
Address:
City:
State:ALL
Zip:
Country:us
Email:xxxxxxxxxx
Message:
Many of the job advertisements on DICE start with a restriction - US
citizen only, USC or GC only etc ... Only some of these advertisements
genuinely require a security clearance and hence applicable to US
citizens only. Rest of the advertisements are *** DISCRIMINATORY *** for
foreign nationals. Definitely this is a fertile ground for class action
suit by a competent attortney. Please ensure your clients follow the
law. Do not let law breakers post on your web site by coming up with
some point system and penalizing the offenders by removing their ad or
banning them after repeat offenses.
Please look at EEOC web site (specifically foreign nationals section) to
understand current law. I will be waiting for reply from your legal
team, before I take any further action.
Do you really have a proof (legal content) that demanding "Only US CItizens /Green card holders will only be considered" OR " We do not process H1B work Visa" would be agianst the US law? I do not think so.. If you have please point us the finger.
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nefrateedi
08-23 08:57 AM
[QUOTE=plassey;152466]He has just one option, get the laws changed. Not beating the dead man but folks should understand the importance of IV activities.
Look at the state of affair of Tri State, thousands of people like these but only 25 so far signed up for DC rally. Not enough to fill even one bus WHAT A SHAME![QUOTE=plassey;152466]
I don't think you get a sense of his problem, even though you claim you do...you are in fact beating a dead horse...I got your point regarding IV's efforts, and am not disputing that one bit, but at the same time when someone posts a valid concern/issue that they have, it doesn't hurt to have some empathy....I'm sure you wouldn't be too happy if you were in their place....
Look at the state of affair of Tri State, thousands of people like these but only 25 so far signed up for DC rally. Not enough to fill even one bus WHAT A SHAME![QUOTE=plassey;152466]
I don't think you get a sense of his problem, even though you claim you do...you are in fact beating a dead horse...I got your point regarding IV's efforts, and am not disputing that one bit, but at the same time when someone posts a valid concern/issue that they have, it doesn't hurt to have some empathy....I'm sure you wouldn't be too happy if you were in their place....
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InTheMoment
04-22 05:08 PM
That may be true if you are not a AZ resident.
If you are an AZ resident, a AZ driver license is enough to prove your legal presence in the US. This is expressly stated in the Bill.
Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
If you are an AZ resident, a AZ driver license is enough to prove your legal presence in the US. This is expressly stated in the Bill.
Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
gc28262
03-27 09:18 AM
Well, for one, a driver's license is the most commonly accepted proof of identity. It's not just about driving skills. The procedures for it's issuance affect the security of the country. Sorry, I think it is you who are missing the point.
Drivers license is not meant to be used as an identity document. US has screwed that logic anyways. One of the security issues is this country uses drivers license as an identity document.
Even if it has to be used for identity purpose, an identity document says this document represents the person holding it and his identity has been verified. Immigration status or job verification has nothing to do with identity.
How does employment verification serve the security needs ? If so, are citizens guaranteed not to do anything against the security of the country ? I don't think so.
Are employers the ones who vouch for security credentials of an individual ?
All nonsense.
Drivers license is not meant to be used as an identity document. US has screwed that logic anyways. One of the security issues is this country uses drivers license as an identity document.
Even if it has to be used for identity purpose, an identity document says this document represents the person holding it and his identity has been verified. Immigration status or job verification has nothing to do with identity.
How does employment verification serve the security needs ? If so, are citizens guaranteed not to do anything against the security of the country ? I don't think so.
Are employers the ones who vouch for security credentials of an individual ?
All nonsense.
LC2002
09-21 02:12 PM
Recieved FP notice for concurrent filing on 07/23/07 although no reciept notice yet.