hindu_king
05-08 03:17 PM
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
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bindoke
08-25 10:59 PM
Any idea how long it takes for a decision once it has been assigned to an officer?
My wife's case was assigned to an officer on Aug 11th.
in my case iwas exactly 3 weeks.
Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.
My wife's case was assigned to an officer on Aug 11th.
in my case iwas exactly 3 weeks.
Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.
Madhuri
05-23 01:05 PM
Emailed tp 2 CA senators + 8 others. Working on the rest.
2011 And some HIPPIE PETS!
h1bmajdoor
07-08 05:04 PM
Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....
they want you here. Then they want to keep you in the trap to pay you way less than the market, and ruin your career (no promotions, no career change, nothing - just keep hacking away at the computer, and the boss takes the credit/money).
That is the way slavery started in USA. From a practice called indentured labour.
they want you here. Then they want to keep you in the trap to pay you way less than the market, and ruin your career (no promotions, no career change, nothing - just keep hacking away at the computer, and the boss takes the credit/money).
That is the way slavery started in USA. From a practice called indentured labour.
more...
SDdesi
08-14 12:56 AM
Oh..and the 485 was filed in Nebraska
delhiguy
07-07 08:33 AM
There is no wrong doing by DOS by changing the VB, but the timing is wrong. They should have changed it as soon as they released it or else atleast by 25th or 26th to prevent some damage.
Totally agree.. Can you tell which law has been broken by them.
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
Totally agree.. Can you tell which law has been broken by them.
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
more...
atmercyofdol
10-08 01:29 PM
I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?
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munnu77
04-23 05:08 PM
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
we already have one..
www.desicrunch.com
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
we already have one..
www.desicrunch.com
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sbabunle
06-26 02:54 PM
Its pathetic people are calling each other racists. Guys
we have an uphill task in front of us. The only chance
of winning is that stay together and work together.
There are 200000 members for NumberUSA.com. How much
are we? Meagre 5000. And we are calling names ourselves it
wont go too far.
Please remember every single day the citizens of USA
are turning against immigration more and more. It would be
really difficult to get the things we need from the law makers.
we have an uphill task in front of us. The only chance
of winning is that stay together and work together.
There are 200000 members for NumberUSA.com. How much
are we? Meagre 5000. And we are calling names ourselves it
wont go too far.
Please remember every single day the citizens of USA
are turning against immigration more and more. It would be
really difficult to get the things we need from the law makers.
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nk2006
10-05 12:28 PM
On the topic of �getting some of our measures during lame-duck session�, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it�s encouraging. see following:
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
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redds777
11-17 06:18 PM
Done just now .
Agreed. better might have been,
"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."
just my two cents.
These changes won't make much difference. Still the email is a very commendable job. Thanks!
Agreed. better might have been,
"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."
just my two cents.
These changes won't make much difference. Still the email is a very commendable job. Thanks!
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EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
more...
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ksiddaba
07-10 07:52 AM
An immigration voice member from DC area must do to the USCIS office to see what's happening to the flowers and take a few pictures while he/she is there.
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krishnam70
07-10 02:43 PM
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
no wonder they are talking about impeachment of GWB and Sr Mcain's press conf. no news of this protest.. I like the way Michael moore trashed them yesterday in his live interview with Wolf on why and how CNN neglected his story all along..
CNN sucks big time and others are not too far behind
Just got an SMS from India!
no wonder they are talking about impeachment of GWB and Sr Mcain's press conf. no news of this protest.. I like the way Michael moore trashed them yesterday in his live interview with Wolf on why and how CNN neglected his story all along..
CNN sucks big time and others are not too far behind
more...
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sumant18
08-27 04:48 PM
Any updates on your end? I am in the same situation. My wife received hers over a week ago but I am still waiting. Approval notice received more than 2 weeks ago.
I got approval email 3 weeks back. Does anyone know how long it takes to get the physical Card? I have not seen any updates after this. Thanks in advance
Post Decision Activity
On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
I got approval email 3 weeks back. Does anyone know how long it takes to get the physical Card? I have not seen any updates after this. Thanks in advance
Post Decision Activity
On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
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psk79
09-12 09:13 PM
Attorney got the receipts today FINALLYYYYYYYYYYY.... No update on my EAD/AP but spouse EAD "ordered"... One Hurdle cleared....
My Info: 140 TSC Approved 2006. 485/EAD/AP JUl 2nd NSC at 1025AM JBARRETT..RECEIPTS received 9/12/07..
My Info: 140 TSC Approved 2006. 485/EAD/AP JUl 2nd NSC at 1025AM JBARRETT..RECEIPTS received 9/12/07..
more...
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pappu
03-12 07:37 AM
Several members have mentioned their plight on this thread. I request everyone to briefly write about themselves on the thread:
http://immigrationvoice.org/forum/showthread.php?t=1940
Make sure your profile has your name, email, address and phone number. We will try to get your story published.
http://immigrationvoice.org/forum/showthread.php?t=1940
Make sure your profile has your name, email, address and phone number. We will try to get your story published.
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GCStatus
09-14 04:41 PM
LAST BUT NOT LEAST
Guys, If some one wants to discourage us or post anything other than words of caution or advise. Please refrain from doing that. We want people to stay positive and throw more positive energy to this thread.[/QUOTE]
You the MAN
Guys, If some one wants to discourage us or post anything other than words of caution or advise. Please refrain from doing that. We want people to stay positive and throw more positive energy to this thread.[/QUOTE]
You the MAN
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gc28262
06-28 10:48 AM
desi,
I am not trying to make an argument here. I am saying what I am seeing in law.
Security Clearance.
I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.
<quote>
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
</quote>
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
I am not trying to make an argument here. I am saying what I am seeing in law.
Security Clearance.
I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.
<quote>
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
</quote>
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
gk_2000
02-17 02:45 PM
Answer to this:
effective marketing...something called MLM was used and some false promises.
This event cannot run based on MLM or false promises.
It can be successful only if every member understands their contribution and participation is key for this event and they are the one who can solve their immigration issue by taking this event seriously.
this:
I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad/kludge - the goal defines the means (loosely).
Of course many of these expectations cannot be satisfied in a honest non profit.
And this:
A dinner for a family costs $50 easily.
A movie for a family costs $50.
The mindset is incepted deep inside and it is extremely difficult to change.
Sometimes, I see people wanting to do something, but their spouses don't allow them to.
When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....
People carry such mindsets, it is difficult to bring about awareness and change.
is this:
agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.
Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
effective marketing...something called MLM was used and some false promises.
This event cannot run based on MLM or false promises.
It can be successful only if every member understands their contribution and participation is key for this event and they are the one who can solve their immigration issue by taking this event seriously.
this:
I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad/kludge - the goal defines the means (loosely).
Of course many of these expectations cannot be satisfied in a honest non profit.
And this:
A dinner for a family costs $50 easily.
A movie for a family costs $50.
The mindset is incepted deep inside and it is extremely difficult to change.
Sometimes, I see people wanting to do something, but their spouses don't allow them to.
When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....
People carry such mindsets, it is difficult to bring about awareness and change.
is this:
agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.
Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
mk26
11-17 04:20 PM
Sent the email (Florida)
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