sayantan76
07-08 03:34 PM
I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.
Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution
That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.
Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution
That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
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anilsal
03-09 11:50 PM
I think a GC app is for a futute position. So getting promotions should be ok. I have seen comments stating otherwise here in the forums. What is true?
bhobama
05-10 04:52 PM
You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
Apparently, that guy is from ROW, and pretend being an Indian. otherwise, why he does not know India itself is a huge country with so many different languages, cultures, etc? isn't that diverse enough?
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
Apparently, that guy is from ROW, and pretend being an Indian. otherwise, why he does not know India itself is a huge country with so many different languages, cultures, etc? isn't that diverse enough?
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ub27
07-24 07:23 PM
Like poste din another thread, I called USCIS customer service today to speak about EAD application that has been pending for 60+ days. The Phone rep told that he cannot give me any information about any cases right now since their "system is down". I asked for clarificationand he said that cases are still being processed but the system used to view status is down. Not sure what that means.
Not sure if this will cause any more delays .............. I need EAD renewed by Sept since my current one expires then
Also anybody has any ideas on what "Plan B" might be if renewal is further delayed by sept?
Not sure if this will cause any more delays .............. I need EAD renewed by Sept since my current one expires then
Also anybody has any ideas on what "Plan B" might be if renewal is further delayed by sept?
more...
gondalguru
08-18 06:35 PM
Stop fighting / dividing EB2 EB3 groups. EB3 filer should be able to port PD under EB2 category if he/she qualifies and obtains additional education / experience / qualification.
FIFO policy will help everybody (EB!, EB2, EB3)and keep things in order. I don't think there is anything wrong asking IV to involve in this matter as it is for everybody's benefit and not just EB2-I.
FIFO policy will help everybody (EB!, EB2, EB3)and keep things in order. I don't think there is anything wrong asking IV to involve in this matter as it is for everybody's benefit and not just EB2-I.
gccovet
07-24 04:01 PM
you are aware that you can get temporary ead issued from local uscis office if its taking more than 90 days for ead to arrive?
Hi,
That's called intrim EAD, which, I have mixed feelings about, somewhere I read , USCIS stopped providing intrim ead july 2006.
But somewhere (i don't have a link) I read they started again. I guess, I will try to get infopass and see how it goes.
Thanks though.
GCCovet
Hi,
That's called intrim EAD, which, I have mixed feelings about, somewhere I read , USCIS stopped providing intrim ead july 2006.
But somewhere (i don't have a link) I read they started again. I guess, I will try to get infopass and see how it goes.
Thanks though.
GCCovet
more...
abq_gc
08-19 12:13 PM
My 2 paisa ( though it has no value anymore anywhere)
First and foremost we have to realize that we are fee paying customers to USCIS. We have a right to demand better customer service. The reports and other kind of data they are releasing currently is an insult to the high skilled immigrant community. It is time we call out that the king (USCIS) has no clothes. They have been feeding us garbage disguised as reports and offical data. Anybody with a high school degree would say that the reports and data provided have zero value since they are not complete.
How do we get the right kind of information from USCIS?
Here are the steps
a) Send letters to the Dept chief asking for the data we need and wait for 3-4 weeks for a response. ( Data we should ask for, apps pending with PD's and EB category for every month starting from 1998)
b) Send another letter to the President and copy USCIS chief on that. Wait for another 3-4 weeks
c) If we do not get any satisfactory information after the previous 2 steps and 2 months of waiting, we should do a relay protest in DC and in front of all the USCIS centers until they provide us with the exact data.
By doing this we woould have put enough spotlight on USCIS and also our problmes would have got enough coverage in the media. From here we can try and work with the various agencies to push for our other agendas. Now we will have a clearer picture of what the situation is and ask for the right things. At the same time the agencies will have the better information with them to look in to our issues.
Comments are welcome.
I agree.. the amount of fees paid to USCIS keeps on increasing every year and the customer service degrades proportionally every year.. they need to understand that they are there for US(the legal immigrant community).. we have to make USCIS's proceedings more transparent and make them more accountable.. whats happenening with EB2-I can very well happen with EB-3 in the future...once they become current....
First and foremost we have to realize that we are fee paying customers to USCIS. We have a right to demand better customer service. The reports and other kind of data they are releasing currently is an insult to the high skilled immigrant community. It is time we call out that the king (USCIS) has no clothes. They have been feeding us garbage disguised as reports and offical data. Anybody with a high school degree would say that the reports and data provided have zero value since they are not complete.
How do we get the right kind of information from USCIS?
Here are the steps
a) Send letters to the Dept chief asking for the data we need and wait for 3-4 weeks for a response. ( Data we should ask for, apps pending with PD's and EB category for every month starting from 1998)
b) Send another letter to the President and copy USCIS chief on that. Wait for another 3-4 weeks
c) If we do not get any satisfactory information after the previous 2 steps and 2 months of waiting, we should do a relay protest in DC and in front of all the USCIS centers until they provide us with the exact data.
By doing this we woould have put enough spotlight on USCIS and also our problmes would have got enough coverage in the media. From here we can try and work with the various agencies to push for our other agendas. Now we will have a clearer picture of what the situation is and ask for the right things. At the same time the agencies will have the better information with them to look in to our issues.
Comments are welcome.
I agree.. the amount of fees paid to USCIS keeps on increasing every year and the customer service degrades proportionally every year.. they need to understand that they are there for US(the legal immigrant community).. we have to make USCIS's proceedings more transparent and make them more accountable.. whats happenening with EB2-I can very well happen with EB-3 in the future...once they become current....
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PD_Dec2002
07-07 09:44 PM
This is what my lawyer mailed us today (I have always had good service from him):
In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.
Not that I am holding my breath, but just wanted pass it on....
That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.
1. Will they make the July visa bulletin current again?
2. If not, will they allow everyone to file for EAD and AP?
3. If neither #1 nor #2, will there be any financial reimbursement?
Regards,
Jayant
In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.
Not that I am holding my breath, but just wanted pass it on....
That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.
1. Will they make the July visa bulletin current again?
2. If not, will they allow everyone to file for EAD and AP?
3. If neither #1 nor #2, will there be any financial reimbursement?
Regards,
Jayant
more...
sss9i
07-20 10:50 AM
I will pledge $ 100.
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snathan
02-09 12:41 PM
Only five guys so far....pathetic.
Guys Wake...are you the one want to fix the problem or just another free rider
Guys Wake...are you the one want to fix the problem or just another free rider
more...
dtekkedil
07-05 02:01 PM
If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis
There will be no mistaking because we will send mails to every media email address we have about what we are doing. The message will be in there! The flowers are to attract attention!
There will be no mistaking because we will send mails to every media email address we have about what we are doing. The message will be in there! The flowers are to attract attention!
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rbms
04-20 02:49 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
more...
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aka
06-18 12:23 PM
I-140 already approved, I-485 details (same for both me and my wife):
Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07
Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07
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vij
06-15 11:28 AM
Receipts only recieved by lawyer? Will benefeciary get any updates?
I have the same question. who gets the receipts? - only lawyer or both lawyer and benefeciary or both lawyer and employer
I have the same question. who gets the receipts? - only lawyer or both lawyer and benefeciary or both lawyer and employer
more...
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zoooom
07-19 11:21 PM
This is great going guys...Lets keep the ball rolling. I am sure we can do it.
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kondur_007
07-28 12:50 PM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance.
From your knowledge of words it sounds to me that you should get a "PhD" in language or politics or something like that and apply for EB1...Why are you doing EB3???
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
Keep in mind, here you are challenging the entire system...you are challenging DOL, DOS and USCIS integrity...
I do not like to annoy anyone ever, but your posts are so annoying that I could not resist. Forgive me if I offended you.
An honest advise: (and please do not take me wrong): you mentioned earlier that you have qualification for EB2. If I were you, I would definitely pursue the conversion from EB3 to EB2 before it gets even tougher to do so. And this is not jost for you or even EB3, this applies to EB2 as well. Every EB2 should try to get EB1. Going higher up in hierarchy is only beneficial.
From your knowledge of words it sounds to me that you should get a "PhD" in language or politics or something like that and apply for EB1...Why are you doing EB3???
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
Keep in mind, here you are challenging the entire system...you are challenging DOL, DOS and USCIS integrity...
I do not like to annoy anyone ever, but your posts are so annoying that I could not resist. Forgive me if I offended you.
An honest advise: (and please do not take me wrong): you mentioned earlier that you have qualification for EB2. If I were you, I would definitely pursue the conversion from EB3 to EB2 before it gets even tougher to do so. And this is not jost for you or even EB3, this applies to EB2 as well. Every EB2 should try to get EB1. Going higher up in hierarchy is only beneficial.
more...
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sparklinks
09-02 06:36 PM
Try to call them or you may write a letter to them. I really hope and pray you get your EAD card soon. I also had applied in June and received few days ago. Good Luck.
Thanks buddy! I opened SR, I opened expedite process.....made so many calls but no use. :(
Thanks buddy! I opened SR, I opened expedite process.....made so many calls but no use. :(
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arunmohan
09-14 06:20 AM
GC Status:
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
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reddymjm
06-08 06:47 PM
So your LIN number should be like...
LIN-07-175-5-xxxx
can you confirm?
You are right. I was expecting it to happen on 6th or 7th. They did it on 5th.
LIN-07-175-5-xxxx
can you confirm?
You are right. I was expecting it to happen on 6th or 7th. They did it on 5th.
nk2006
10-20 04:22 PM
If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?..
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
mygoodluck
08-13 05:38 PM
^bump^
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