kshitijnt
05-10 09:22 PM
Too bad you did not bother reading up on the net before you took your job. I researched what is involved prior to leaving grad school and I knew it was a long wait. Like I said quota is there because of numbers / diversity. US needs programmers from more than just one country.
And its not really a quota since numbers are rolled at the end of the year to oversubscribed countries. Your notion of separate queues derives from your ignorance of how immigration works. Why hasn't anyone challenged the quota in the Supreme Court ?
Maybe we will. If community comes together. Lawsuit requires lot of money. There is a saying in India that a wise man should never climb the steps of the court, however; after repeated insults and discriminations he becomes unwise. And good that you read the rules, but you said something like grad school? Was it US grad school? Dont you know criterion and intention on F1 is to go back? I came here on H1 directly. At that time, I was too young and naive to see the sandtraps. You cant blame for someone falling in a well disguised hole.
And its not really a quota since numbers are rolled at the end of the year to oversubscribed countries. Your notion of separate queues derives from your ignorance of how immigration works. Why hasn't anyone challenged the quota in the Supreme Court ?
Maybe we will. If community comes together. Lawsuit requires lot of money. There is a saying in India that a wise man should never climb the steps of the court, however; after repeated insults and discriminations he becomes unwise. And good that you read the rules, but you said something like grad school? Was it US grad school? Dont you know criterion and intention on F1 is to go back? I came here on H1 directly. At that time, I was too young and naive to see the sandtraps. You cant blame for someone falling in a well disguised hole.
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dtekkedil
07-05 01:25 PM
Guys inorder for DOS or DHS or USCIS to get the message they will FIRST and FOREMOST have to understand WHO Gandhi is. For that we will have to attach a few pages of documentation about Mahatma Gandhi. By the time the message gets to the correct person's hands AND he/she understands the true meaning of the message, the person will think we insulted them, coz the the flowers will be dead and dried up and STINKY.
Folks... the flowers are just one part of the campaign. The other part is where we notify every major news media about what we are trying to do (we will mail them on July 9th). That is where we let people know what we are trying to achieve. The flowers are a means to an end. Something to attract the media.
We hope that the media will cover this event since it is so unorthodox.
Folks... the flowers are just one part of the campaign. The other part is where we notify every major news media about what we are trying to do (we will mail them on July 9th). That is where we let people know what we are trying to achieve. The flowers are a means to an end. Something to attract the media.
We hope that the media will cover this event since it is so unorthodox.
flthere
07-21 01:08 PM
I see that the minimum contribution to IV is $50. Any chance that IV will make it $20 and see how many new contributions it will get to see?
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Eternal_Hope
09-10 12:16 AM
I feel that because of the preadjudication of July 07 applications, USCIS now has a better idea of the application backlog. They also know that usually at the end of the fiscal year they have EB-1 and ROW EB-2 visas left; they might have therefore decided to finish off the EB-2, 2004 cases, even if it means consuming more than the annually designated 3200 visas early in the fiscal year.
The reason for controlling Priority Dates month by month, is because USCIS does not (or did not) know how many people will become eligible to file I-485 if the dates move by a "X" amount. Once USCIS knows how many I-485 applications it already has in its backlog, Visa Bulletin becomes a mute point.
I suspect USCIS will quickly clear off EB-2, 2004 and will then make the dates "U". Then in early summer it will reevaluate how many visas have got consumed and will likely get consumed in the next few months of 2010, and at that point may move the dates further into 2005.
This is just my feeling...........I hope I am wrong, though, and the dates keep inching forward every month.
The reason for controlling Priority Dates month by month, is because USCIS does not (or did not) know how many people will become eligible to file I-485 if the dates move by a "X" amount. Once USCIS knows how many I-485 applications it already has in its backlog, Visa Bulletin becomes a mute point.
I suspect USCIS will quickly clear off EB-2, 2004 and will then make the dates "U". Then in early summer it will reevaluate how many visas have got consumed and will likely get consumed in the next few months of 2010, and at that point may move the dates further into 2005.
This is just my feeling...........I hope I am wrong, though, and the dates keep inching forward every month.
more...
sanju
10-09 11:46 AM
how about based on salary?
everybody maximize their own utility.
How about deciding the position in the queue based on the utility bill. If you consume more energy/utilities/sewage, you are creating jobs for the guys at the local water treatment plant, sub-station or power generating station, who then go to local eating joint to create more jobs/business, who buy stuff from farmers, who ........
This thread is like pig shit, it occupies lot of space and throws out too much ....
Does this cartoon ring a bell?
http://www.cartoonstock.com/lowres/pbl0025l.jpg
everybody maximize their own utility.
How about deciding the position in the queue based on the utility bill. If you consume more energy/utilities/sewage, you are creating jobs for the guys at the local water treatment plant, sub-station or power generating station, who then go to local eating joint to create more jobs/business, who buy stuff from farmers, who ........
This thread is like pig shit, it occupies lot of space and throws out too much ....
Does this cartoon ring a bell?
http://www.cartoonstock.com/lowres/pbl0025l.jpg
kunjirs
02-26 09:39 AM
Was not active on the forum for long time. Visited the forum for a question and came to know about Advocacy Days in Washington DC. Will not be able to attend due to family commitments. Thanks you all for your efforts for this event.
Contributed $50; receipt number for this payment is: 4235-8095-3773-3845. I will also check to see if I have any air miles.
Contributed $50; receipt number for this payment is: 4235-8095-3773-3845. I will also check to see if I have any air miles.
more...
sivatallapaneni
07-20 12:15 PM
I'm going to contribute atleast $100. There is a always a first time, This is for the person who worked for my own good without expecting anything in return.
Aman you are a true inspiration.
Aman you are a true inspiration.
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imm_check
05-05 08:28 PM
Has any one in the forum here have a FP notice for a 4 and half year child during the 485 process. I ask this question as my daughter did not get one.
Feedback is greatly appreciated.
Thanks.
Feedback is greatly appreciated.
Thanks.
more...
nishanttambe
11-17 04:42 PM
Done. But while sending email to friends, I got below messages
"Your message can not contain URL", this was right above the message box.
"Your message can not contain URL", this was right above the message box.
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smuggymba
07-21 10:34 AM
I was trying to reach Sant Chatwal via email, he is an immigrant close to Hilary Clinton; not sure if he will/can help. Is it worth some try?
more...
hebbar77
05-08 03:11 PM
When ever IV go and seek advise from Law firm or lobby firm they charge some money. No one is giving free advise in USA. We cannot run random campaign becasue people will not participate if no out come. We need to find out perfect time. Also we , and IV are common people who came from foriegn country and have no idea of whole US immigration system but law / lobby firm do.
If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.
So who is the leader who is responsible of DOING stuff with that money when I contribute
If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.
So who is the leader who is responsible of DOING stuff with that money when I contribute
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desi3933
06-28 06:46 AM
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
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krishnam70
07-02 09:02 AM
That thing is there for quite some time now... like more than a day. nothin new about it. just search the forums and you will be able to see what it says.
true
true
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MCQ
05-01 03:14 PM
I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
more...
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gc28262
08-26 05:08 PM
I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
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reddymjm
06-11 09:41 PM
My application reached NSC on JUN 1st. Recepted on Jun 5th. checks cleared 8th June. Received receipts on Jun11th was mailed by NSC on 7th June. I am still waiting on my wifes. Checks not cleared yet...
more...
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buddyinsd
08-27 06:44 PM
I'd suggest u guys take ur card magnetization talk onto another thread instead of making other current and still waiting ppl feel bad about the fact that they still dont have cards but here we have others talking about their plastic cards.
it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
here is more info ..
SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)
edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.
it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
here is more info ..
SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)
edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.
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humdesi
12-16 06:56 PM
..Having said this, I think I am looking back to go to india after couple more years of stay...
contributions $500
Eveyone says that. Nobody actually goes back.
contributions $500
Eveyone says that. Nobody actually goes back.
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anzerraja
07-19 08:06 PM
Tikka && RAMUS where are you guys ? Help us with advertising this thread.
I think Admin Can do it
Making it sticky the post always shows up in the top
I think Admin Can do it
Making it sticky the post always shows up in the top
dontcareanymore
07-28 12:48 AM
1) First of all this is not the response to just the quoted post, but many on the same lines, especially from delax and others.
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
sbabunle
05-03 05:12 PM
Does SKILL or any other upcoming Bill would annul AC-21 rules? ( if enacted into law)
thanks
babu.
thanks
babu.
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