puddonhead
06-18 11:40 AM
One more thing....
<Puddonhead puts his lecturing hat on to boast about his "knowledge">
Some of you guys have admirable abilities of using rhetoric (http://en.wikipedia.org/wiki/Rhetoric_(Aristotle)). However, in this particular discussion - I guess it will help us all if we could keep the hectoring and general negative rhetoric out of it. Calling someone anti-immigrant in a derogatory fashion because he is opposed to our views - is negative rhetoric. So is the comparison of L1 abuse with house burglary.
The lawyers are taught the "Socratic Method" (http://en.wikipedia.org/wiki/Socratic_method) - to chafe out logic from the thicket of rhetoric. This is specially important when we are discussing something from different positions.
Hope we can get over it and find some common ground.
</Puddonhead takes off his lecturing hat>
<Puddonhead puts his lecturing hat on to boast about his "knowledge">
Some of you guys have admirable abilities of using rhetoric (http://en.wikipedia.org/wiki/Rhetoric_(Aristotle)). However, in this particular discussion - I guess it will help us all if we could keep the hectoring and general negative rhetoric out of it. Calling someone anti-immigrant in a derogatory fashion because he is opposed to our views - is negative rhetoric. So is the comparison of L1 abuse with house burglary.
The lawyers are taught the "Socratic Method" (http://en.wikipedia.org/wiki/Socratic_method) - to chafe out logic from the thicket of rhetoric. This is specially important when we are discussing something from different positions.
Hope we can get over it and find some common ground.
</Puddonhead takes off his lecturing hat>
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whitecollarslave
03-26 02:37 PM
Just a silly question popped up in my mind...
Doesn't DOL have a directive telling employers, they have to try to recruit US Citizens first, and only if they do not find properly qualified US Citizens they can go on to search for people having 'other work authorizations' . Isn't that the whole basis for the approval of our Labor certifications in the first place???
So can the employers not use that directive as a legal loophole and try to prescreen the candidates and ask them whether they are US Citizens or GC or EAD or H1 and so on... as a hidden ploy to figure out whether you are GC or EAD while externally they can still put on a facade that they are just strictly following the legal directives that DOL has laid out?
Doesn't this 'Try to hire US Citizens first' policy of DOL in total contradiction with the I9 statement of 'no discrimination based on work authorization' ???? I am a bit confused here :confused:
Where does it say (please quote official DHS/USCIS/DOL publication or a bill) that employers must hire "US Citizens" first? I think the regulations are to give preference to US workers (note that its not US citizens) before brining somebody from abroad.
You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
Doesn't DOL have a directive telling employers, they have to try to recruit US Citizens first, and only if they do not find properly qualified US Citizens they can go on to search for people having 'other work authorizations' . Isn't that the whole basis for the approval of our Labor certifications in the first place???
So can the employers not use that directive as a legal loophole and try to prescreen the candidates and ask them whether they are US Citizens or GC or EAD or H1 and so on... as a hidden ploy to figure out whether you are GC or EAD while externally they can still put on a facade that they are just strictly following the legal directives that DOL has laid out?
Doesn't this 'Try to hire US Citizens first' policy of DOL in total contradiction with the I9 statement of 'no discrimination based on work authorization' ???? I am a bit confused here :confused:
Where does it say (please quote official DHS/USCIS/DOL publication or a bill) that employers must hire "US Citizens" first? I think the regulations are to give preference to US workers (note that its not US citizens) before brining somebody from abroad.
You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
peer123
05-23 05:42 PM
Hi,
Is there investigation that USCIS does in India before approving the 485?
I heard from one of my friend.....
Is there investigation that USCIS does in India before approving the 485?
I heard from one of my friend.....
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walking_dude
01-10 02:18 PM
If USCIS wants to do bad regulations, they will do it - with or without IV campaign for reform. What is the gaurantee that Michael Aytes will not issue a memo tommorrow restricting job movements further? They always keep doing that every now and then, on their own.
Given the current volume of changes 350,000 apps, regulations are bound to change, one way or another. Whether you want it or not. If USCIS officers (not the top brass) feel overburdened with EAD/AP work they'll start issuing more, and more, random RFEs, NOIDs etc. to reduce their burden ( passing the burden to you). They also might introduce labor market and other restrictions to reduce the backlog by eliminating all AC21 users. What is stopping them from doing it on their own?
Evading activity under the pretext of imaginary fears will not stop USCIS tommorrow if they decide to pass tough regulations. By requesting the 'right' changes, we are making sure 'wrong' changes don't happen. For that to happen we need to get involved in the decision-making process and influence the decisions in the right direction.
Given the current volume of changes 350,000 apps, regulations are bound to change, one way or another. Whether you want it or not. If USCIS officers (not the top brass) feel overburdened with EAD/AP work they'll start issuing more, and more, random RFEs, NOIDs etc. to reduce their burden ( passing the burden to you). They also might introduce labor market and other restrictions to reduce the backlog by eliminating all AC21 users. What is stopping them from doing it on their own?
Evading activity under the pretext of imaginary fears will not stop USCIS tommorrow if they decide to pass tough regulations. By requesting the 'right' changes, we are making sure 'wrong' changes don't happen. For that to happen we need to get involved in the decision-making process and influence the decisions in the right direction.
more...
sai
01-15 08:27 AM
Cybersoftec
*****************************
Indian held for US computer techie immigration fraud
*****************************
Narendra Mandalapa has been charged with fraud and misuse of visas and is currently in the custody of the United States Marshals Service. The US Immigration and Customs Enforcement says investigations have revealed that Mandalapa had filed nearly 1,000 possibly fraudulent labour-based petitions. All of these were on behalf of skilled computer professionals from the Indian sub-continent seeking to enter or remain in the US.
Investigators estimate that professionals paid at least Rs 90 crore as application fees for these petitions. They are now trying to determine how many such people entered the US and received fraudulent labour benefits.
http://www.samachar.com/showurl.htm?rurl=http://www.indianexpress.com/full_story.php?content_id=85963&headline=Indian~held~for~US~techie~immigration~fra ud
*****************************
Indian held for US computer techie immigration fraud
*****************************
Narendra Mandalapa has been charged with fraud and misuse of visas and is currently in the custody of the United States Marshals Service. The US Immigration and Customs Enforcement says investigations have revealed that Mandalapa had filed nearly 1,000 possibly fraudulent labour-based petitions. All of these were on behalf of skilled computer professionals from the Indian sub-continent seeking to enter or remain in the US.
Investigators estimate that professionals paid at least Rs 90 crore as application fees for these petitions. They are now trying to determine how many such people entered the US and received fraudulent labour benefits.
http://www.samachar.com/showurl.htm?rurl=http://www.indianexpress.com/full_story.php?content_id=85963&headline=Indian~held~for~US~techie~immigration~fra ud
fatjoe
10-12 04:24 PM
Hi Kewl:
So there is a difference between "With an IO" and "Assigned to an IO" , right? So, how do you ask the rep about that? Will they tell you if it is with an IO and assigned to an IO? When I spoke to the second level rep. it appeard to me that my case is with an IO.
So there is a difference between "With an IO" and "Assigned to an IO" , right? So, how do you ask the rep about that? Will they tell you if it is with an IO and assigned to an IO? When I spoke to the second level rep. it appeard to me that my case is with an IO.
more...
SunnySurya
08-07 06:19 AM
Easy for you to say as u already got your green card.
I could not resist from writing this post-[I]
Concentrate on action items and work harder than ever, which can bring a great relief to entire EB community. It does not matter how many times we failed or succeeded, every attempt we are an inch closer to our ultimate (IV) goal.
I could not resist from writing this post-[I]
Concentrate on action items and work harder than ever, which can bring a great relief to entire EB community. It does not matter how many times we failed or succeeded, every attempt we are an inch closer to our ultimate (IV) goal.
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gc_wow
09-23 09:03 PM
If EB2 row perm hits 10000 apps thats it pd wont move a bit. That will happen as soon as hiring starts again. This will happen any time, if this not happen until sep 2010, then EB2 has a chance. There are about 15000 (approx) EB2 Row apps siiting ducks in Perm centers, if ROW PErm eb2 approvals start flowing then we are just stuck. It all depends on EB2 Row Now. That is the one we need to watch closely.
more...
sayantan76
11-18 04:48 PM
did you emailed to ombudsman also? any replies from him?
While a lot of people sending generic letters on this issue would certainly bring the underlying issue to the discussion table - the lack of "locus standi" would prevent ombudsman or even USCIS from acting.
Let me explain what I mean by the above statement - every case is different and is adjudicated according to the merits of that specific case alone based on applicable laws and procedures. So, investigation and even future policy direction can be only be based on specific instances of the entire case files and detailed specific reasons of how these cases were wrongly adjudicated.
So, the service centers and even the ombudsman is right in saying - we cant help till we have actual case #s
While a lot of people sending generic letters on this issue would certainly bring the underlying issue to the discussion table - the lack of "locus standi" would prevent ombudsman or even USCIS from acting.
Let me explain what I mean by the above statement - every case is different and is adjudicated according to the merits of that specific case alone based on applicable laws and procedures. So, investigation and even future policy direction can be only be based on specific instances of the entire case files and detailed specific reasons of how these cases were wrongly adjudicated.
So, the service centers and even the ombudsman is right in saying - we cant help till we have actual case #s
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hibworker
09-23 08:25 PM
What stops USCIS is the per country cap. They can only issue so many visas to EB-3 I.
more...
god_bless_you
01-19 08:48 AM
http://www.irishlobbyusa.org./
Irish Lobbying for immigration reforms.. ILIR supports the Kennedy/McCain bill.
Immigrationvoice can touch base with them..
Irish Lobbying for immigration reforms.. ILIR supports the Kennedy/McCain bill.
Immigrationvoice can touch base with them..
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mohican
01-02 12:29 AM
Thanks Ram. What is strange that my attorney on record did not even get the letter of denial. I have scheduled infopass for Jan 5th. I have H1B until June 2009 and EAD unitil Sep 2009. My wife and I have been working on EAD and traveled on AP.
Question to you and other members: Can I work until Sept 2009? I don't think my letter says that EAD was revoked (that is me speculating until I get the letter)
Mohican
- H1 is still valid even if your 485 got rejected until you get notice to that regard separately.
- If you have not shifted to EAD,You can continue working on H1
I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.
Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.
Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).
All the best.
- Ram
Question to you and other members: Can I work until Sept 2009? I don't think my letter says that EAD was revoked (that is me speculating until I get the letter)
Mohican
- H1 is still valid even if your 485 got rejected until you get notice to that regard separately.
- If you have not shifted to EAD,You can continue working on H1
I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.
Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.
Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).
All the best.
- Ram
more...
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drona
07-10 04:44 PM
Saimrathi, you are posting the same message on all threads. Anyway, I am sure some of the media will pick up the story and write about it. I think there are benefits from this campaign. The name Immigration Voice is out there. We may get more members of our community to join us and participate in future campaigns and we can learn from experience on how to carry out future campaigns, protests etc. We had to speak out in some way on what happened to us with the USCIS Visa Bulletin fiasco. I believe it was worth it for all these reasons.
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onemaveric
09-13 11:26 PM
Travelling in the same boat.
more...
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zram1977
10-05 08:30 AM
we got approval on our I-485 (PD Jan,2006).
I take this opportunity to THANK IV ans its Core Group for doing this wonderful service to EB Immigrants community.
Thanks and best wishes for those who are in the sprocess.
Ram.
I take this opportunity to THANK IV ans its Core Group for doing this wonderful service to EB Immigrants community.
Thanks and best wishes for those who are in the sprocess.
Ram.
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raidohri
06-15 02:22 PM
Hey Nandu,
How are you man?
whoooo ?
How are you man?
whoooo ?
more...
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singhv_1980
02-05 01:40 PM
I've been stuck in India now for 55 days !:mad:
I am sure you must have given this information earlier but can you please tell me where did you apply? And was it your first stamping or a renewal case?
Also are u stuck coz of PIMS or 221 g clause?
Thanks
I am sure you must have given this information earlier but can you please tell me where did you apply? And was it your first stamping or a renewal case?
Also are u stuck coz of PIMS or 221 g clause?
Thanks
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desibob
05-18 02:02 AM
It should not matter when you file as long as your priority date is available when you file - and of course you need to be in the country when you file it (to be on safest - i would be in the country on receipt date until I get my receipt notice).
Having said that, I am not sure until when June VB will effective. I mean I do not know when July VB dates will take effect. Probably someone else can clarify this.
Having said that, I am not sure until when June VB will effective. I mean I do not know when July VB dates will take effect. Probably someone else can clarify this.
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vinayak2008
01-03 01:56 AM
Visa Interview on dec 18th at chennai consulate.PIMS checks took 8 working days.Passport received on Jan 3rd.
paskal
07-09 11:41 PM
senthil:
stop stop stop. it was not a mistake, it was not an accident.
they knew what they were doing. they worked weekends to achieve it damnit.
they are civil servants- u ever heard of civil servants working sundays to do 6 months of work in 15 days? that too by MISTAKE?????
smitha:
life is not all it seems. i came here in 1996. but my pd is 2007.
i have worked 4 years in an underserved area doing "national service"
i'm nowhere near a green card, forget that...you even grudge me an EAD.
i do not expect a gc tomorrow. i did not ask that july become current. but it did. and i lost a lot of money, time and effort to catch the window for an EAD. my family and employer scrambled with me. and got throughly screwed. not by senthil's "mistake", but coldly calculatedly so. in your wonderfully fair world, where does that rank?
stop stop stop. it was not a mistake, it was not an accident.
they knew what they were doing. they worked weekends to achieve it damnit.
they are civil servants- u ever heard of civil servants working sundays to do 6 months of work in 15 days? that too by MISTAKE?????
smitha:
life is not all it seems. i came here in 1996. but my pd is 2007.
i have worked 4 years in an underserved area doing "national service"
i'm nowhere near a green card, forget that...you even grudge me an EAD.
i do not expect a gc tomorrow. i did not ask that july become current. but it did. and i lost a lot of money, time and effort to catch the window for an EAD. my family and employer scrambled with me. and got throughly screwed. not by senthil's "mistake", but coldly calculatedly so. in your wonderfully fair world, where does that rank?
royus77
07-09 10:23 PM
For your information
Smitha
EB2 India
PD-2005-May
I140 approved-Sept 2006
I have MS in EE from US and working since 2001,filed my GC in 2005 May(PERM).
However can you please tell me anyone who got GC in Eb2/Eb3(India) in 1-2 yr in the last 15 yrs?
Exactly that is now 2006-2007 PD guys are expecting to happen a miracle, right? I mean, apply 485,EAD ASAP.
If you guys really care about 2002-2003-2004 guys, then please please wait for OCT 07 bulletin and after that you can do anything you want. If they will retrogress the dates, then please fight but not before that.
This is just a suggestion. If you like follow it, otherwise ignore.
filing 485 doesnt mean they will give GC in the next few days .....Do you think how many people left from 2002 ...( the number of labors doesnt equal to the number of Genuine applicants ...most of those labors are hanging because desi employs want to sell them ) ...
Smitha
EB2 India
PD-2005-May
I140 approved-Sept 2006
I have MS in EE from US and working since 2001,filed my GC in 2005 May(PERM).
However can you please tell me anyone who got GC in Eb2/Eb3(India) in 1-2 yr in the last 15 yrs?
Exactly that is now 2006-2007 PD guys are expecting to happen a miracle, right? I mean, apply 485,EAD ASAP.
If you guys really care about 2002-2003-2004 guys, then please please wait for OCT 07 bulletin and after that you can do anything you want. If they will retrogress the dates, then please fight but not before that.
This is just a suggestion. If you like follow it, otherwise ignore.
filing 485 doesnt mean they will give GC in the next few days .....Do you think how many people left from 2002 ...( the number of labors doesnt equal to the number of Genuine applicants ...most of those labors are hanging because desi employs want to sell them ) ...
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