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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anzerraja
07-19 07:53 PM
Somehow in the middle of your changes, the link was broken.
Corrected the message with the new link.
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Yeah I saw it..Great job!!. We need people to notice this.
Corrected the message with the new link.
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Yeah I saw it..Great job!!. We need people to notice this.
hsingh82
09-10 09:23 PM
My sincere apologies for being harsh on IV members, I sincerely appreciate the efforts.
I guess Oct bulletin (EB3 - I) got me going there...
I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.
Peace.
Good gesture rahulp!
I guess Oct bulletin (EB3 - I) got me going there...
I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.
Peace.
Good gesture rahulp!
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Lisap
08-30 04:56 PM
FYI I received my EAD card this morning!!! I know yours are all coming soon! It never updated online it just said that the approval notice was sent- it never said card ordered.
more...
dicarol18
08-13 03:25 PM
I-140 approved from Texas.
That's great, I guess Texas is moving now..:)
That's great, I guess Texas is moving now..:)
EB3_SEP04
08-15 11:55 AM
EAD Paper Filed (EB3-India, PD Nov 2006 : For Me and My spouse)
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS) and still waiting for my spouse's EAD approval.
Thanks
Raghav235
Raghav, congrats and thanks for the update.
Is July 08, 2008 also the Notice Date on your receipt notice? I'm wondering if generally there is one more LUD after the notice date and before the approval, when they pull the file off the shelf and start working on the case.
for me no LUD after notice date.
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS) and still waiting for my spouse's EAD approval.
Thanks
Raghav235
Raghav, congrats and thanks for the update.
Is July 08, 2008 also the Notice Date on your receipt notice? I'm wondering if generally there is one more LUD after the notice date and before the approval, when they pull the file off the shelf and start working on the case.
for me no LUD after notice date.
more...
ikass
02-23 06:48 PM
Your transaction ID for this payment is: 8D378253JD920781B. Just donated $200 for the event. I `ll be participating in advocacy effort along with 2 or 3 more friends. Will try to help as much as possible. Thanks for your efforts!
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tonyHK12
02-10 10:31 AM
Here is the transcript
00:31:28 As president trump who would be the first person you would say you're fired to?
00:31:34 >> They want me to say, look, i have had -- >> they want you to say if -- >> if you're president -- >> who's the number one bad guy right now you would fire in america?
00:31:48 >> Well, can I be honest?
00:31:50 I don't want to say -- there's so many of them.
00:31:51 There really are.
00:31:53 There are so many of them.
00:31:54 You look at the department of education.
00:31:55 It goes for blocks and blocks and blocks.
00:31:59 Education should really be -- we have to -- like a little bit of supervision.
00:32:03 >> You wouldn't argue -- >> it should be a local thing.
00:32:07 >> I was going to mention education to you because the last word with the chinese, isn't it that they are educating their people better now than america is doing and that's why they're also jumping ahead?
00:32:19 Isn't that true?
00:32:20 >> You know where they're educating a lot of their people?
00:32:23 At our schools.
00:32:24 It's the most amazing thing.
00:32:25 They come over, they learn, they go to harvard, they go to wharton, they go to yale, they go to the best schools, then we force them to leave.
00:32:30 >> Okay.
00:32:31 >> No, no, we force them to leave.
00:32:34 >> When we come back, I'll ask you as a man who wins and knows how to pick a winner, which is where I come in, how are we going to win?
looks like there is some hope for us in 2013 if the elections go well :) This is all in good humor though , no one expects DT to upset the apple cart.
00:31:28 As president trump who would be the first person you would say you're fired to?
00:31:34 >> They want me to say, look, i have had -- >> they want you to say if -- >> if you're president -- >> who's the number one bad guy right now you would fire in america?
00:31:48 >> Well, can I be honest?
00:31:50 I don't want to say -- there's so many of them.
00:31:51 There really are.
00:31:53 There are so many of them.
00:31:54 You look at the department of education.
00:31:55 It goes for blocks and blocks and blocks.
00:31:59 Education should really be -- we have to -- like a little bit of supervision.
00:32:03 >> You wouldn't argue -- >> it should be a local thing.
00:32:07 >> I was going to mention education to you because the last word with the chinese, isn't it that they are educating their people better now than america is doing and that's why they're also jumping ahead?
00:32:19 Isn't that true?
00:32:20 >> You know where they're educating a lot of their people?
00:32:23 At our schools.
00:32:24 It's the most amazing thing.
00:32:25 They come over, they learn, they go to harvard, they go to wharton, they go to yale, they go to the best schools, then we force them to leave.
00:32:30 >> Okay.
00:32:31 >> No, no, we force them to leave.
00:32:34 >> When we come back, I'll ask you as a man who wins and knows how to pick a winner, which is where I come in, how are we going to win?
looks like there is some hope for us in 2013 if the elections go well :) This is all in good humor though , no one expects DT to upset the apple cart.
more...
ravi.shah
02-14 12:22 PM
Contributed $50.
Just became a proud IV Recurring Donor !
Folks, please contribute NOW. Please dont wait till April...
Thank you.
Just became a proud IV Recurring Donor !
Folks, please contribute NOW. Please dont wait till April...
Thank you.
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laborchic
07-06 05:02 PM
IV core cannot "officially" endorse this... We are on our own.
As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.
Alright .. I will send it to Emilio then... Lets stick together in this.. :p
As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.
Alright .. I will send it to Emilio then... Lets stick together in this.. :p
more...
acecupid
07-11 07:49 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Interesting... Welcome to the gang !:D
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Interesting... Welcome to the gang !:D
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irock
08-27 04:34 PM
my lawyer just faxed me my I-485 receipt.
Center: NSC
RD: 26th July (sent on 25th July)
ND: 22nd Aug
140 was approved at NSC. No LUDs on my approved I-140 or H1s.
Attorney sent his checks, so don't know whether those checks are cleared or not.
Even though I applied 485, AP, EAD for me and for my wife in the same package, we
received receipt for only my I-495. Hey, I'm not complaining. Just passing this info to you guys.
Center: NSC
RD: 26th July (sent on 25th July)
ND: 22nd Aug
140 was approved at NSC. No LUDs on my approved I-140 or H1s.
Attorney sent his checks, so don't know whether those checks are cleared or not.
Even though I applied 485, AP, EAD for me and for my wife in the same package, we
received receipt for only my I-495. Hey, I'm not complaining. Just passing this info to you guys.
more...
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drirshad
05-06 03:54 PM
Use the letter to modify for our cause, May 14 is the start day for CIR discussion in Senate ......
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
CONTACT YOUR SENATORS TODAY
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
Background. Democratic and Republican Senators, along with the Bush Administration, are currently negotiating compromise immigration reform legislation which could be considered on the floor of the U.S. Senate beginning the week of May 14. Should these negotiations falter, the Democratic leadership could choose to bring the STRIVE Act, or a similar bill, to the floor for immediate consideration. It is important that you contact your Senators in the next few days and ask for their support for a just and humane immigration reform bill.
USCCB Position. The United States Conference of Catholic Bishops (USCCB) and other organizational members of the Justice for Immigrants (JFI) Campaign are working to ensure that any compromise immigration legislation includes the principles set forth by the U.S. bishops. Any legislation which would warrant USCCB support would include:
1. a legalization program for the undocumented which includes family unity and a realistic path to citizenship;
2. a new worker program with worker protections and a path to citizenship; and
3. the preservation of family reunification as a cornerstone of our immigration system and the elimination of family backlogs and waiting times.
To contact your Senators, call 202-224-3121. The sample letter can be accessed via the JFI website at www.justiceforimmigrants.org or can be faxed to the Senators� offices. Use link below to Email the Senators.
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
CONTACT YOUR SENATORS TODAY
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
Background. Democratic and Republican Senators, along with the Bush Administration, are currently negotiating compromise immigration reform legislation which could be considered on the floor of the U.S. Senate beginning the week of May 14. Should these negotiations falter, the Democratic leadership could choose to bring the STRIVE Act, or a similar bill, to the floor for immediate consideration. It is important that you contact your Senators in the next few days and ask for their support for a just and humane immigration reform bill.
USCCB Position. The United States Conference of Catholic Bishops (USCCB) and other organizational members of the Justice for Immigrants (JFI) Campaign are working to ensure that any compromise immigration legislation includes the principles set forth by the U.S. bishops. Any legislation which would warrant USCCB support would include:
1. a legalization program for the undocumented which includes family unity and a realistic path to citizenship;
2. a new worker program with worker protections and a path to citizenship; and
3. the preservation of family reunification as a cornerstone of our immigration system and the elimination of family backlogs and waiting times.
To contact your Senators, call 202-224-3121. The sample letter can be accessed via the JFI website at www.justiceforimmigrants.org or can be faxed to the Senators� offices. Use link below to Email the Senators.
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
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jsb
12-03 03:41 PM
We all pray for Mehul. Collective prayers can be very strong.
more...
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amsgc
07-24 11:36 PM
I stumbled upon this thread on - it is about a person who was denied entry at Vancouver (POE) after landing in canda. He was using AP.
http://www..com/discussion-forums/i485-1/122557139/
http://www..com/discussion-forums/i485-1/122557139/
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caliducas
08-24 09:25 PM
July 3rd filer --> No receipt yet
more...
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utthesta
05-20 02:12 PM
I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.
So I think that the renewal may trigger a FP notice.
-R
Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
So I think that the renewal may trigger a FP notice.
-R
Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
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desi3933
07-10 12:24 AM
@desi3933:
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
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skd
05-29 07:29 PM
sent the emails to senator/s
sundarpn
02-07 03:41 PM
$50.
Your transaction ID for this payment is: 20403265J43769648.
Thx
Your transaction ID for this payment is: 20403265J43769648.
Thx
surabhi
04-23 04:30 PM
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
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