qplearn
12-18 04:09 PM
If we start the fasting and rallying the American people will view it as nothing but "Countries of the East" sending their millions to other countries to show their strength in numbers.
Another thing. There was a suggestion of starting "free coaching classes" for kids as a volunteer service. Excellent Idea IFFF and ONLY IFFF we are doing it With the actual intent of providing education to the under-priviledged. Otherwise, once immigrants' voices are heard, and relief comes through, guess what will happen? These coaching classes will stop dead in their tracks. This will attract NEGATIVE publicity sending a message that the so called "Volunteer Effort" was nothing but a PUBLICITY STUNT.
one way to demonstrate our worth is for our employers to come out and speak loudly. i am trying to get my employer to do exactly this. but we need new ideas.
BTW: sidenote: in all these years of reading about Gandhi, and I am a big fan of history, I have never heard of a mountain called "Gandhigiri." Exactly where is this mountain located? :)
Another thing. There was a suggestion of starting "free coaching classes" for kids as a volunteer service. Excellent Idea IFFF and ONLY IFFF we are doing it With the actual intent of providing education to the under-priviledged. Otherwise, once immigrants' voices are heard, and relief comes through, guess what will happen? These coaching classes will stop dead in their tracks. This will attract NEGATIVE publicity sending a message that the so called "Volunteer Effort" was nothing but a PUBLICITY STUNT.
one way to demonstrate our worth is for our employers to come out and speak loudly. i am trying to get my employer to do exactly this. but we need new ideas.
BTW: sidenote: in all these years of reading about Gandhi, and I am a big fan of history, I have never heard of a mountain called "Gandhigiri." Exactly where is this mountain located? :)
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jsb
09-10 02:56 PM
Should we not demand resignation of USCIS Director?
Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.
Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.
jthomas
08-13 06:50 PM
Since EB3- I is doomed can I apply for consular processing and move to canada since i recently got canadian green card. I have a EAD and AP and I am in H1B status too.
Gurus please suggest.
Maybe if many EB3-I guys would move to another country. Some actions may be seen.
EB3-I PD Oct 06
Gurus please suggest.
Maybe if many EB3-I guys would move to another country. Some actions may be seen.
EB3-I PD Oct 06
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snathan
08-23 03:16 PM
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
I'll stop and leave it here....
I second this.
I'll stop and leave it here....
I second this.
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bluekayal
08-23 04:54 PM
Rest easy folks:
Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”
The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”
This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.
While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”
Nation of immigrators - A public policy blog on our dysfunctional immigration system � The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)
Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”
The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”
This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.
While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”
Nation of immigrators - A public policy blog on our dysfunctional immigration system � The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)
yabadaba
02-28 05:38 PM
bump...so united nations may post
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bajrangbali
06-11 10:41 AM
Guys, I have thrown out my ideas and you can take what suits you from it. As someone mentioned nothing is illegal in it. If you find something, please explain what and why.
My conservative estimate was 100K people pulling 50K$ out..that would be 5 billions...if more comes out even better
Fight for legislation?? Does anyone has any hopes on it still? You would get piecemeal concessions here and there..but the Indian EB immigration community as a whole gets nothing good out of it...2 year EAD, 5 yr EAD..just to wipe the tears...come on guys think out of the box.
You argue it is not discrimination but it is law. I say the law is discriminatory and nobody wants to change it (remember the horses discussion instead of EB immigration discussion in senate), do you need any better example than this?
Anyways, I leave it to your own judgement..and I am going ahead with my plans...I am not planning to leave the country anytime soon so I am not yet into the drastic measures I mentioned, but I sure have started the funds transfer to Indian banks, pulling out of mortgage application and moving out of US equities markets. Also, I am reducing the amount of money I pump into US economy which is currently 5K per month to ~3-3.5K per month. If it makes any difference I am making ~400K a yr from my job and other investments...
My conservative estimate was 100K people pulling 50K$ out..that would be 5 billions...if more comes out even better
Fight for legislation?? Does anyone has any hopes on it still? You would get piecemeal concessions here and there..but the Indian EB immigration community as a whole gets nothing good out of it...2 year EAD, 5 yr EAD..just to wipe the tears...come on guys think out of the box.
You argue it is not discrimination but it is law. I say the law is discriminatory and nobody wants to change it (remember the horses discussion instead of EB immigration discussion in senate), do you need any better example than this?
Anyways, I leave it to your own judgement..and I am going ahead with my plans...I am not planning to leave the country anytime soon so I am not yet into the drastic measures I mentioned, but I sure have started the funds transfer to Indian banks, pulling out of mortgage application and moving out of US equities markets. Also, I am reducing the amount of money I pump into US economy which is currently 5K per month to ~3-3.5K per month. If it makes any difference I am making ~400K a yr from my job and other investments...
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ItIsNotFunny
11-10 03:42 PM
Nice to read. How much you trust USCIS and Ron Gotcher is a different issue to discuss :)
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pappu
08-01 01:15 PM
I will be more than happy if I can help. Please note I do not have any journalism background.
Thank you for your offer and also other people who are sending me PM for this. We will try to get as many as possible so that we can submit to multiple newspapers and websites.
Thank you for your offer and also other people who are sending me PM for this. We will try to get as many as possible so that we can submit to multiple newspapers and websites.
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Libra
09-14 01:00 PM
thank you gconmymind and Bhanu for the contributions. Hope to see you guys in DC.
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yabadaba
07-11 01:23 PM
And those who had applied in PERM in 2005, got their GCs already..
I know a few who applied in PERM as soon it was introduced and got their
GCs last year.
not completely true...if people had filed their i-140 and i-485 before retrogression in 2005 (that means perm was approved before september 2005), they got their gcs last year, people like me with priority dates in sept 2005 (due to the general incompetencies that we have all experienced) were able to file only in july 2007.
I know a few who applied in PERM as soon it was introduced and got their
GCs last year.
not completely true...if people had filed their i-140 and i-485 before retrogression in 2005 (that means perm was approved before september 2005), they got their gcs last year, people like me with priority dates in sept 2005 (due to the general incompetencies that we have all experienced) were able to file only in july 2007.
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Marphad
07-06 03:28 PM
ban this guy/girl.....
This type of language is not acceptable at all. He is new Sanju (and he was..... no comments ;)).
This type of language is not acceptable at all. He is new Sanju (and he was..... no comments ;)).
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java_jaggu
06-04 01:15 PM
http://www.ilw.com/articles/2007,0604-lee.shtm
Based on this article, it looks like even those 140's and 485's filed after the cut-off date will be fine as long as the GC is approved before Oct 1, 2008, so folks will have some breathing time and flexibility to plan their next move, if the bill passes in the current form.
Based on this article, it looks like even those 140's and 485's filed after the cut-off date will be fine as long as the GC is approved before Oct 1, 2008, so folks will have some breathing time and flexibility to plan their next move, if the bill passes in the current form.
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Ahimsa
02-26 03:42 PM
After 3 years and 3 months, my labor case is certified online today 2/26/07
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caliguy
09-09 03:05 AM
Good luck guys! Thanks for all the hard work each of you are putting in.
Transaction ID: 8NY02905F8401260H
Contributions so far: $440
Transaction ID: 8NY02905F8401260H
Contributions so far: $440
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m306m
07-16 10:48 AM
I pledge $10 if we reach $2000 today
Keep going folks.
Here is my pledge on reaching $2000
Amount: $10.00
Pay Date: 07/21/2008
Conformation: 7YHYJ-JXFDK
Memo: High 5 fund drive
Bank: Wachovia
Keep going folks.
Here is my pledge on reaching $2000
Amount: $10.00
Pay Date: 07/21/2008
Conformation: 7YHYJ-JXFDK
Memo: High 5 fund drive
Bank: Wachovia
more...
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addsf345
11-24 02:21 PM
If you are beyond 6 years and I-485 denied then applicant is doomed weather you are in H1 or EAD. Only route is MTR. My attorney confirmed it.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.
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lkyme
04-25 12:13 PM
That is a wonderful proposal and should be given due weight. Despite the early arrival, an individual may not filed his/her GC due to several reasons. Most commonly found / heard are
1. Company closures/ Layoffs / Transfer to different state
2. Employer / attorney delay and / or fraud in filing GC
3. Delays in processing Labor in certain states / backlog centers
This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.
1. Company closures/ Layoffs / Transfer to different state
2. Employer / attorney delay and / or fraud in filing GC
3. Delays in processing Labor in certain states / backlog centers
This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.
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desi3933
07-06 10:50 AM
....
Although 30,000 people are IV members but when you need them except a couple of hundred you don't see anyone.
How can an organization work which can't even collect 5K a month from its members. We all are willing to spend hundreds ( sometimes thousands ) of dollars on EAD, AP , H1, labor, I-140, I-485, lawyers etc etc and don't even spend 100$ a year (yes not month - a year).
......
.....
>> Although 30,000 people are IV members
I beg to differ here. 30k+ plus people have signed up so far, but how many are active now? How many have even logged in IV in last 3 months or even 6 months? I don't see any link to discontinue membership here, so we don't know how many people up signed up and left?
There is no way to know count of "active members". Many IV members have got GC in last 2 years and they have "quitely" left IV and forgotten the struggle by EB based immigrants. How many members stay at IV after getting GC?
Many people believe that by getting EAD they are Temp GC holders and motivation for seeking any benefit is gone.
I am pained to say this, but we are a thankless community.
.
Although 30,000 people are IV members but when you need them except a couple of hundred you don't see anyone.
How can an organization work which can't even collect 5K a month from its members. We all are willing to spend hundreds ( sometimes thousands ) of dollars on EAD, AP , H1, labor, I-140, I-485, lawyers etc etc and don't even spend 100$ a year (yes not month - a year).
......
.....
>> Although 30,000 people are IV members
I beg to differ here. 30k+ plus people have signed up so far, but how many are active now? How many have even logged in IV in last 3 months or even 6 months? I don't see any link to discontinue membership here, so we don't know how many people up signed up and left?
There is no way to know count of "active members". Many IV members have got GC in last 2 years and they have "quitely" left IV and forgotten the struggle by EB based immigrants. How many members stay at IV after getting GC?
Many people believe that by getting EAD they are Temp GC holders and motivation for seeking any benefit is gone.
I am pained to say this, but we are a thankless community.
.
nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
susie
07-08 11:18 PM
We are 6th year H1B, but we only have a PD date of 27th July 2006.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
Thank you,
I would appreciate you sharing your story in the aging out section, we may even be able to file some sort of class action if we get enough cases
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
Thank you,
I would appreciate you sharing your story in the aging out section, we may even be able to file some sort of class action if we get enough cases
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