ganguteli
03-10 03:26 PM
Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.
Senthil, I agree with you for once.
However some people are too bent on doing this campaign that they forget the realities. Maybe they are having a secure jobs and have EADs. So they have nothing to lose. For people on H1B any wrong step will cause government to shut down the entire immigration or punish immigrants. They did it with TARP and now they will do it in every industry if we do not understand. The newspaper headline will be H1B Indians immigrants asking for greencards after taking American jobs. Like it or not, but this is how antis will show us and all Americans and lawmakers who are sympathetic towards us till now will support antis due to bad economy and for the need of Citizens to stick together in bad times. You have also made this issue of Indians and that is a big no no. Indians now getting a bad name and have become notorious and if you highlight 'Indians' then you are in for a failure. So any campaign should be about all immigrants and not just Indians. Indian Immigrants are having a bad reputation in IT circles these days.
Guys do you know that economy is going from recession to depression? I read somewhere that in the last depression they shut down immigration. So let us not do anything that will be hard on H1Bs just because you have a secure EAD cards.
Senthil, I agree with you for once.
However some people are too bent on doing this campaign that they forget the realities. Maybe they are having a secure jobs and have EADs. So they have nothing to lose. For people on H1B any wrong step will cause government to shut down the entire immigration or punish immigrants. They did it with TARP and now they will do it in every industry if we do not understand. The newspaper headline will be H1B Indians immigrants asking for greencards after taking American jobs. Like it or not, but this is how antis will show us and all Americans and lawmakers who are sympathetic towards us till now will support antis due to bad economy and for the need of Citizens to stick together in bad times. You have also made this issue of Indians and that is a big no no. Indians now getting a bad name and have become notorious and if you highlight 'Indians' then you are in for a failure. So any campaign should be about all immigrants and not just Indians. Indian Immigrants are having a bad reputation in IT circles these days.
Guys do you know that economy is going from recession to depression? I read somewhere that in the last depression they shut down immigration. So let us not do anything that will be hard on H1Bs just because you have a secure EAD cards.
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akhilmahajan
02-09 02:18 PM
Thanks a lot kate123.
Grand Total - $328
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
25$
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
Grand Total - $328
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
25$
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
gkdgopi
07-07 08:38 AM
Totally agree.. Can you tell which law has been broken by them.
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
What about the applications received before release of bulletin?
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
What about the applications received before release of bulletin?
2011 Oct 26 - Taylor Swift and
v2neha
09-03 10:03 AM
Don't know why my file is still pending (RD 6/18), present EAD expiring in 2 weeks..:)
My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:
My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:
more...
jk333
07-07 11:08 AM
Am in the bay area..
Just reading this thread, so not sure if I can attend today.
Will surely attend the rally with my wife on July14th.
Just a thought..Why not request all our GC/citizen friends to also attend?
I will persuade all my friends to attend.
If not anything, they can see it as a nice stroll in the downtown.
-JK
Just reading this thread, so not sure if I can attend today.
Will surely attend the rally with my wife on July14th.
Just a thought..Why not request all our GC/citizen friends to also attend?
I will persuade all my friends to attend.
If not anything, they can see it as a nice stroll in the downtown.
-JK
va_dude
06-26 09:43 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
more...
royus77
06-27 12:36 PM
Another clause which dreads me ... "Waiver of Rights"
5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.
These kind of agreements doesnt stand in any court .You can always say that you are forced to sign for your livelihood period.Esp. if he is a desi employer he even doesnt dare to go to court as that will cause more damage.
5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.
These kind of agreements doesnt stand in any court .You can always say that you are forced to sign for your livelihood period.Esp. if he is a desi employer he even doesnt dare to go to court as that will cause more damage.
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english_august
07-06 01:02 PM
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
Put your text on a blog and then we can respond to it through comments. Make sure that you include links to the two articles that appeared in Wall Street Journal and New York Times on this issue.
Links are here
New York Times (http://www.arthshastra.com/pdf/NYT%20GreenCard.pdf)
and here
Wall Street Journal
(http://www.arthshastra.com/pdf/WSJ%20Green-Card%20Applicants.pdf)
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
Put your text on a blog and then we can respond to it through comments. Make sure that you include links to the two articles that appeared in Wall Street Journal and New York Times on this issue.
Links are here
New York Times (http://www.arthshastra.com/pdf/NYT%20GreenCard.pdf)
and here
Wall Street Journal
(http://www.arthshastra.com/pdf/WSJ%20Green-Card%20Applicants.pdf)
more...
ramus
05-29 08:01 PM
Great. Thanks.
sent the emails to senator/s
sent the emails to senator/s
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dtekkedil
07-05 01:37 PM
For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.
They might just create panic out of innocent lovely flowers.
How can it be a security breach if we inform the media what we are doing? Besides... we are not the ones physically delivering those flowers! It is the florists! We are just ordering them!
I hope they don't create any panic but even if they do it is still news! Isn't that what we are trying to achieve?
They might just create panic out of innocent lovely flowers.
How can it be a security breach if we inform the media what we are doing? Besides... we are not the ones physically delivering those flowers! It is the florists! We are just ordering them!
I hope they don't create any panic but even if they do it is still news! Isn't that what we are trying to achieve?
more...
dingudi
06-07 11:50 AM
I used AVR (Automatic Revalidation Rule) to get back to US. If u have an expired stamp and a valid I-797, u can show ur PP alongwith original 797 and they'll let u in. But if u have used AP to re-enter before, u will need to use AP to enter US after ur landing. That being said, I know atleast 5 cases in the recent past who came back to US successfully using AP after their Canadian landing. I agree its a risk but most of the cases cud be hear-say. Just act innocent and that u dint know about the risk if at all u get questioned. Again, when the law permits u, why shud they question? Also, u still dont have ur US GC in ur hands...so let them know of it in a nice way if they harass u. Tell them that once u get ur US GC u will give up ur Canadian PR.
It is easier said than done. When you are entering you are at the discretion of IO and you do not know all the laws. In this particular case, the people tried to convince IO that they were planning to let canada PR go once they receive US GC but the IO was determined to revoke their AOS. So there is nothing really you can do at that point in time.
It is easier said than done. When you are entering you are at the discretion of IO and you do not know all the laws. In this particular case, the people tried to convince IO that they were planning to let canada PR go once they receive US GC but the IO was determined to revoke their AOS. So there is nothing really you can do at that point in time.
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anzerraja
07-20 08:51 AM
Thanks anjs !!!!
Can you please quote the amount you are pledging, so that we can keep track.
Count me in.
Can you please quote the amount you are pledging, so that we can keep track.
Count me in.
more...
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coolngood4u80
11-17 03:26 PM
Done
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ItIsNotFunny
09-15 01:02 PM
you got my support chief
Come up with the plan commander!
Come up with the plan commander!
more...
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techbuyer77
06-18 10:40 AM
When was your friend's Priority Date current? June 1st? Or, I assume, before that?
i dont know her pd, she sent the stuff on may 18th and she got the receip around the 6/6/7
i dont know her pd, she sent the stuff on may 18th and she got the receip around the 6/6/7
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sankap
07-09 11:58 PM
@desi3933:
1. From tax standpoint, W2 means the company (which 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. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) 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. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) 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 many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, 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?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
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".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. From tax standpoint, W2 means the company (which 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. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) 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. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) 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 many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, 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?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
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".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
more...
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rahulp
06-12 07:27 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
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Prashant
07-07 11:24 PM
ONLY TEAM EFFORT CAN BRING US JUSTICE..
Majority of us would just like to make a point but do nothing about it.
If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
Krishnam70 thanx for letting the ball roll...
IV core, I can't thank you much for all the selfless effort u guys put in.
Thank you
Majority of us would just like to make a point but do nothing about it.
If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
Krishnam70 thanx for letting the ball roll...
IV core, I can't thank you much for all the selfless effort u guys put in.
Thank you
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SleeplessinSeatle
08-19 04:47 PM
I got my EAD card yesterday. I am still waiting for receipt number for I-485 / I-131 though.
krishnam70
07-03 10:51 AM
Are you guys serious. and if so. I am IN.
For those who will 'JUST MOVE ON'......... Please don't and you should not just forget this.
Just be yourself and express it out
so is the plan to send flowers collectively, on the same day?
Is there a way we can help the citizens / GC / Locals and they can too, in - return, send flowers and the note on our behalf?
lago raho...
Please start acting instead of writing more and more, keep sending.. we need to strike when the news is hot already Libby's news is making waves and this will just drown..
For those who will 'JUST MOVE ON'......... Please don't and you should not just forget this.
Just be yourself and express it out
so is the plan to send flowers collectively, on the same day?
Is there a way we can help the citizens / GC / Locals and they can too, in - return, send flowers and the note on our behalf?
lago raho...
Please start acting instead of writing more and more, keep sending.. we need to strike when the news is hot already Libby's news is making waves and this will just drown..
gc_bucs
11-17 03:44 PM
Sent the message
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