english_august
07-09 02:55 PM
I hope everyone is sending out the press release to their media contacts. As you all know, this event is not centrally co-ordinated and everyone has been really proactive in getting the word out.
Same goes for the media contact as well. No single person is emailing/faxing this information out - everyone is doing his or her bit.
Since most of the coverage will come from journalists local to the D.C. area, members there should be particularly aggressive in calling local newspapers, radio stations, tv stations etc.
Let's give this thing one big push.
Same goes for the media contact as well. No single person is emailing/faxing this information out - everyone is doing his or her bit.
Since most of the coverage will come from journalists local to the D.C. area, members there should be particularly aggressive in calling local newspapers, radio stations, tv stations etc.
Let's give this thing one big push.
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desi3933
06-28 11:47 AM
desi,
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Jimi_Hendrix
12-14 06:13 PM
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
And yes, SKIL does not allow us to self petition, it is a travesty.
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neel_gump
07-21 04:44 PM
We, people with EB3-I priority dates in 2002 2003 2004, should not blame others for our problem. The only way out of this mess for us, I think, is to port from EB3 to EB2. We all need to do it before they scrap that law. We are being too loyal to our original employers. Most of us were working for more than 8 years in the same company. It is time to move-on and search for greener pastures. We checked that there are around 20,000 EB3-I applications in front of us. That, @ 3000 applications per year, means more than 6 years of agonizing wait. We are already waiting for 8 years and I don't know whether we can take 6 more. I think only a mass-porting from EB3 to EB2 should be the answer.
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eb3retro
05-02 11:09 AM
Can anyone tell us if this bill also has the hard cap limit??
-- removing unnecessay quote...- Moderator
-- removing unnecessay quote...- Moderator
gjoe
10-08 05:32 PM
All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.
Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?
A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.
So what's your suggestion to fix the issue?
Since you consider that IV did nothing to reverse July 2 VB, why are you hanging around here? If you credit AILA/AILF why don't you write to them to file Class Action against USCIS to process case FIFO? They might do it or they might just laugh it off
Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?
A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.
So what's your suggestion to fix the issue?
Since you consider that IV did nothing to reverse July 2 VB, why are you hanging around here? If you credit AILA/AILF why don't you write to them to file Class Action against USCIS to process case FIFO? They might do it or they might just laugh it off
more...
a_yaja
06-26 03:49 PM
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
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ashshah
12-16 03:55 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.
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setpit_gc
06-13 12:27 AM
My 485 application was filed with NSC on June 4th, 2007. I know it is too early to expect receipt notice.
Who will receive the original approval notice?. Attorney or me?. Who will receive the FP notice?.
Thanks a lot
Ram
Who will receive the original approval notice?. Attorney or me?. Who will receive the FP notice?.
Thanks a lot
Ram
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mani_r1
07-19 11:18 PM
Count me in for $100.
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sareesh
11-18 02:48 PM
Done and also received "thank you for contacting email" from our Senator.
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vinabath
03-26 11:37 AM
Labor Substition was a devil which has created most of this problem as I can see there are hardly 15-20% original beneficiaries for these 2002-2003 Labors.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
more...
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sdudeja
09-18 01:06 PM
:)I applied for my wife's EAD renewal online on 11 august and got the card in mail on 15 sep. I guess this was a good experience.
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ganeshtsk
07-05 11:27 AM
This is a neat idea to draw worthwhile attention which at the same time won't cause any hatred. I'm sure most of us would like to act upon this.
Can one of core members talk to a florist and workout some kind of arrangement where if we call them and give a code and payment they would process the order with a pre-set message and delivery address. I'm sure we will have a large participation if we make the process simple for the mass.
Also make this a front page message.
Can one of core members talk to a florist and workout some kind of arrangement where if we call them and give a code and payment they would process the order with a pre-set message and delivery address. I'm sure we will have a large participation if we make the process simple for the mass.
Also make this a front page message.
more...
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simple1
05-01 01:52 PM
yes, I want GC for my wife. 6 months to a year addtional wait is ok. Provided I get cleared soon.
Come on, your comment "limbo for five years" without basis. The FB2 cat is not very far behind. Only 6 months - 1 year behind in most cases. check VB.
Stop using words anti etc. I am just like you frustrated like hell.
My primary point is EB dependents must be out of EB quota.
There is no legal basis for them to be in EB quota. period.
I would not support this at all. Though it would clear the back log for the primary immigrant. What about the spouse and children. When you get your GC, dont you want to get it for your spouse and kids. Do you want them to keep in limbo for five years. It can be counted against family quota but should be given along with the primary. Otherwise its crap.
This might be antis work to divide the community. So be aware.
Come on, your comment "limbo for five years" without basis. The FB2 cat is not very far behind. Only 6 months - 1 year behind in most cases. check VB.
Stop using words anti etc. I am just like you frustrated like hell.
My primary point is EB dependents must be out of EB quota.
There is no legal basis for them to be in EB quota. period.
I would not support this at all. Though it would clear the back log for the primary immigrant. What about the spouse and children. When you get your GC, dont you want to get it for your spouse and kids. Do you want them to keep in limbo for five years. It can be counted against family quota but should be given along with the primary. Otherwise its crap.
This might be antis work to divide the community. So be aware.
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sangmami
07-02 08:49 AM
mine at local fedex facility at 8.05am at nebraska
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bhobama
05-10 10:07 PM
The answer is in your question. Numbers. A few years ago (circa 2002-) no one complained much about Indians. Recently the complaints in the media/forums etc. are much higher. Why ? More H1, => more bodyshoppers (mainly India) => more abuse => more complaints and so on.
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
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nixstor
07-08 11:24 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering
a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
b) How USCIS approved some folks on July 1st , when the July VB is already effective?
c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering
a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
b) How USCIS approved some folks on July 1st , when the July VB is already effective?
c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.
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Pineapple
10-26 11:31 AM
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
samrat_bhargava_vihari
06-12 09:28 AM
TIP: Print them you should be able to read.:) My checks cleared on the same day got the receipts yesterday. So you should be getting them today or tomorrow. I am not sure if attorney can chose whether to send it to you or not.
I think both Attorney and we will get the receipts. By the way it may be too early to ask but can't control it .. any one got FP notice or EAD's?
Some months back two of my friends got EAD,FP Notice immediately.
I think both Attorney and we will get the receipts. By the way it may be too early to ask but can't control it .. any one got FP notice or EAD's?
Some months back two of my friends got EAD,FP Notice immediately.
Devils_Advocate
03-07 01:14 PM
You guys can scream, cry, sue, jump, sing, dance whatever, no one is going to touch any country cap legislation or any pro immi legislation till about 2011-12 at least (though i m sure it wont happen then either)
And they will never allow "no country cap" either-ways, call it unconstitutional or whatever, i am being realistic, they have quota on the diversity visa for a reason they think is appropriate, and they have a quota on the EB system for those same reasons.
Your only hope to get the "country cap" cleared up is that the Point based system gets through , like the one in CIR 2007, which i am sure will not happen before 2012, if it ever happens.
And they will never allow "no country cap" either-ways, call it unconstitutional or whatever, i am being realistic, they have quota on the diversity visa for a reason they think is appropriate, and they have a quota on the EB system for those same reasons.
Your only hope to get the "country cap" cleared up is that the Point based system gets through , like the one in CIR 2007, which i am sure will not happen before 2012, if it ever happens.
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