ars01
04-20 09:48 AM
Contributed $100 towards the cause
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alisa
02-11 03:39 PM
And ofcourse, EB-3 ROW would oppose such a move.
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
VMH_GC
07-17 12:16 PM
I don't care when i would get the Green card. what i want is interim relief (AP and EAD). Something is better than Nothing.
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pappu
11-16 12:34 PM
PAPPU,
I got a response from the dowjones guy .Mark.Boslet@dowjones.com
I will write to him.
On a side note, It appears that false propaganda is being spread about our taxes and SS contributions we make to raise more anti feelings about us.
To the contrary we contribute to the SS coffers without making use of it. We need to counter this.
Thanks pls follow up with him. more people writing to reporters will help convert a suggestion into a printable Article
I got a response from the dowjones guy .Mark.Boslet@dowjones.com
I will write to him.
On a side note, It appears that false propaganda is being spread about our taxes and SS contributions we make to raise more anti feelings about us.
To the contrary we contribute to the SS coffers without making use of it. We need to counter this.
Thanks pls follow up with him. more people writing to reporters will help convert a suggestion into a printable Article
more...
deba
06-13 07:48 PM
Anybody got any idea on my situation?
Waitnwait
12-02 12:13 PM
Since IV has contact e-mails for all its members, it can also send periodic e-mails on its activities, funding drives, recent achievements and ask for the members to contibute. This will be helpful for those who dont visit the site very often. For Example, recent update given by pappu inspired me to sign up for monthly contribution. But that would happen only if i visited the site very often. I would have missed it if i am not a regular visitor to the site.
more...
vxb2004
07-15 12:03 PM
Great job IV. Keep up the great work.
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sc3
09-23 11:52 PM
I actually had to go and visit the URL to really make myself believe that someone can be this dumb. Well to each his own.
One thing I did notice was the comment "it is soon becoming the voice of rich and/or EB2 Indians only -- all other categories will either have no direct advantage with the efforts put in by IV, or they will actually see some negative effect from its activities. But that will be the case with any organization that claims to stand for a particular class. In reality, every core group will stand up for it and only itself."
Does someone care to explain this? I am EB3-ROW, I have occasionally donated and occasionally called but I don't think IV has ever HURT my case?
On a side note: just on the off chance that the comment is true and IV is truly a community of RICH Indians: can I borrow some money? :D :D The eay I look at it, if 50 of these rich, EB2 Indians give me $ 10,000 each, I can get my GC by investment and I will pay you all back in 2 years. :p
Have fun guys/gals: life will turn out as it is meant to turn out.
I made the post there. Since you are making some funny comments along with clarification, not sure if you are really looking for the information. But here goes
1) Removal of per-country quota: Claimed to be fair for everyone. Not really. It only helps Indians and Chinese. ROW will see a serious degradation in the time they will get their GCs. I am sure there will be lots of bashing based on this, but the fact of the matter is that such action is not suitable for non I/C applicants.
2) The Rich guy comment is based on the latest (supposedly supported by the CORE no less) action which is to ask for legislative changes if you have money to throw in to buy a house with 20% down.
So yes, I do stand by my statement that IV is devolving into less than general purpose immigration group.
I am EB3-India, yet I dont support the removal of per country limits, as there is a reason for the diversity rule, Indians and Chinese are currently on the wrong side of the equation so it seems "fair" to remove the quota.
One thing I did notice was the comment "it is soon becoming the voice of rich and/or EB2 Indians only -- all other categories will either have no direct advantage with the efforts put in by IV, or they will actually see some negative effect from its activities. But that will be the case with any organization that claims to stand for a particular class. In reality, every core group will stand up for it and only itself."
Does someone care to explain this? I am EB3-ROW, I have occasionally donated and occasionally called but I don't think IV has ever HURT my case?
On a side note: just on the off chance that the comment is true and IV is truly a community of RICH Indians: can I borrow some money? :D :D The eay I look at it, if 50 of these rich, EB2 Indians give me $ 10,000 each, I can get my GC by investment and I will pay you all back in 2 years. :p
Have fun guys/gals: life will turn out as it is meant to turn out.
I made the post there. Since you are making some funny comments along with clarification, not sure if you are really looking for the information. But here goes
1) Removal of per-country quota: Claimed to be fair for everyone. Not really. It only helps Indians and Chinese. ROW will see a serious degradation in the time they will get their GCs. I am sure there will be lots of bashing based on this, but the fact of the matter is that such action is not suitable for non I/C applicants.
2) The Rich guy comment is based on the latest (supposedly supported by the CORE no less) action which is to ask for legislative changes if you have money to throw in to buy a house with 20% down.
So yes, I do stand by my statement that IV is devolving into less than general purpose immigration group.
I am EB3-India, yet I dont support the removal of per country limits, as there is a reason for the diversity rule, Indians and Chinese are currently on the wrong side of the equation so it seems "fair" to remove the quota.
more...
zoooom
07-15 11:44 PM
Done
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satishku_2000
08-01 01:35 PM
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Urgent any help or input ...
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Urgent any help or input ...
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yawl
02-13 02:43 PM
Thank you for the post. Please add it the front page so that it won't be buried under those rants with nothing but frustrating feelings.
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natrajs
07-02 02:32 PM
I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.
I have taken my Ex - employer to DOL and USCIS and I was successful getting my money back.
If you go with lawsuit then it becomes partially a Civil case rather than criminal offense.
If any one needs info how to proceed send me a PM
I have taken my Ex - employer to DOL and USCIS and I was successful getting my money back.
If you go with lawsuit then it becomes partially a Civil case rather than criminal offense.
If any one needs info how to proceed send me a PM
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pomogranate
06-05 08:31 AM
alright everyone her she blows my Linuxpod cause I believe they rule over all!! I used the creative touch button system. and my favorite software.
http://www.angeredpenguin.com/mattlarrain/linuxpod.jpg
Thats awsome :hugegrin:
http://www.angeredpenguin.com/mattlarrain/linuxpod.jpg
Thats awsome :hugegrin:
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hope2007
07-18 02:19 PM
Can anyone pls post the tel num to call USCIS.
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desi3933
07-11 10:50 AM
Now that USCIS / DOS know that they have made mistake and also aware that this is exposed to the entire country. So this is what they are doing.
1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.
Incorrect.
2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.
How does it matter?
3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.
Highly unlikely. The lawsuit could take one and half year (or more).
Even if judge rules on July 29th, usually a reasonable time is given. How did you come up with 2 days.
4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.
I feel, this is what is going to happen. So better prepare your papers and keep it ready.
The big question is, how you define "ELIGIBLE applicants"?
Any lawsuit needs lot of time and patience. And none of emotions.
_______________________
Not a legal advice.
1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.
Incorrect.
2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.
How does it matter?
3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.
Highly unlikely. The lawsuit could take one and half year (or more).
Even if judge rules on July 29th, usually a reasonable time is given. How did you come up with 2 days.
4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.
I feel, this is what is going to happen. So better prepare your papers and keep it ready.
The big question is, how you define "ELIGIBLE applicants"?
Any lawsuit needs lot of time and patience. And none of emotions.
_______________________
Not a legal advice.
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ronhira
01-11 02:38 PM
I'm not sure if anyone knows but that is what Ronhira does. Hijacking the topic, calling everyone anti-immigrants is his forte'.....don't waste your time in replying to him.
Click on his profile and check out "all posts by this user". You will know his contribution. I pray that he gets his GC soon and gets out of here.
thank u thank u thank u..... please pray for me..... it might work where dos has has failed since sep-09, just 19 days away..... i promise to not bother u after i get my gc.... did i rub u the wrong way in the past
Click on his profile and check out "all posts by this user". You will know his contribution. I pray that he gets his GC soon and gets out of here.
thank u thank u thank u..... please pray for me..... it might work where dos has has failed since sep-09, just 19 days away..... i promise to not bother u after i get my gc.... did i rub u the wrong way in the past
more...
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anands26
02-13 04:10 PM
I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
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pappu
07-16 09:40 PM
All,
AILA has a template of a letter/email to Congress members that can be used to express support for visa recapture and immigration reform.
Please check out
AILA - Web Resources (http://capwiz.com/aila2/issues/alert/?alertid=13300836&type=CO)
You may like to modify the message to suit your life situation and preferences. For example, instead of undocumented aliens, I used the opportunity to stress the difficulties of employment-based applicants. While I have nothing against them, it is my belief that I need to stress my own problem and seek a resolution.
And, I have also forwarded the link and my mail to all my friends who are waiting for green cards. More importantly, I have asked my relatives and friends, who are citizens or who have green cards, to pitch in and write for our sake.
My suggestion, should you agree with the above, is not only to write to your Congress members but also ask your relatives and friends to do likewise.
Best wishes
We advice not to use this template and form. The message and the organization sending it for their advocacy agenda is very important. Even if you change the wording, people will hardly read the letter. They will look at the organization that sent it and its agenda.
It is better to call or email your senators and congressmen with a personal message. When there is a need for a fax campaign, IV will activate its fax campaign system here http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
If you email or call your Congressmen or Senator, do tell them that you are a member of ImmigrationVoice so that their office can make the connection to your calls, meetings and emails in our advocacy meetings. Another point to note that in person meetings have much more effect than emails. You may get a standard reply to your emails. Sometimes the response may talk about a general immigration position of the senator rather than a specific reply to your question.
BTW do not quote any bill # yet. If you want to talk about Recapture, just say recapture of unused visas for Employment based category.
AILA has a template of a letter/email to Congress members that can be used to express support for visa recapture and immigration reform.
Please check out
AILA - Web Resources (http://capwiz.com/aila2/issues/alert/?alertid=13300836&type=CO)
You may like to modify the message to suit your life situation and preferences. For example, instead of undocumented aliens, I used the opportunity to stress the difficulties of employment-based applicants. While I have nothing against them, it is my belief that I need to stress my own problem and seek a resolution.
And, I have also forwarded the link and my mail to all my friends who are waiting for green cards. More importantly, I have asked my relatives and friends, who are citizens or who have green cards, to pitch in and write for our sake.
My suggestion, should you agree with the above, is not only to write to your Congress members but also ask your relatives and friends to do likewise.
Best wishes
We advice not to use this template and form. The message and the organization sending it for their advocacy agenda is very important. Even if you change the wording, people will hardly read the letter. They will look at the organization that sent it and its agenda.
It is better to call or email your senators and congressmen with a personal message. When there is a need for a fax campaign, IV will activate its fax campaign system here http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
If you email or call your Congressmen or Senator, do tell them that you are a member of ImmigrationVoice so that their office can make the connection to your calls, meetings and emails in our advocacy meetings. Another point to note that in person meetings have much more effect than emails. You may get a standard reply to your emails. Sometimes the response may talk about a general immigration position of the senator rather than a specific reply to your question.
BTW do not quote any bill # yet. If you want to talk about Recapture, just say recapture of unused visas for Employment based category.
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kvranand
04-28 01:03 PM
kbsyed61,
Same thing is happening to my wife's RFE response too. We have submitted the response to her RFE (Birth certificate Affidavit) on 04/24. I have received an e-mail on the very same day from USCIS that thay have received the response and the case process resumed. I saw soft LUD's on 04/27, 04/28. I guess it will stop after couple of more soft LUD's as our PD's are not current. I assume we are okay as long as we do not get more RFE's on the same issue.:)
Same thing is happening to my wife's RFE response too. We have submitted the response to her RFE (Birth certificate Affidavit) on 04/24. I have received an e-mail on the very same day from USCIS that thay have received the response and the case process resumed. I saw soft LUD's on 04/27, 04/28. I guess it will stop after couple of more soft LUD's as our PD's are not current. I assume we are okay as long as we do not get more RFE's on the same issue.:)
eastindia
01-22 10:15 AM
H1B descrimination - Fighting it legally ?
Are you kidding me. How can you fight it illegaly.:D:D:D
The question is who will fight it. Lawyer website are posting information. But none of them have filed a lawsuit if they really cared about this issue.
Are you kidding me. How can you fight it illegaly.:D:D:D
The question is who will fight it. Lawyer website are posting information. But none of them have filed a lawsuit if they really cared about this issue.
desi3933
01-28 01:52 PM
[From the pdf file]
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf
_________________
Not a legal advice.
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf
_________________
Not a legal advice.
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