permfiling
11-27 07:37 PM
You can add additional white paper sheet and mention the section number and details.
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funny
09-11 11:38 AM
http://seeker.dice.com/olc/thread.jspa?threadID=9965&start=0&tstart=0
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
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logiclife
04-20 02:22 PM
I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
more...
mallu
07-07 09:07 PM
Today I have received my GC approval email. Dependants approval is awaited. I am in this country from Jan 2001. Good luck to all.
No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).
The USCIS shelf looks like : http://www.usaimmigrationattorney.com/NationalRecordsCenter.html
No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).
The USCIS shelf looks like : http://www.usaimmigrationattorney.com/NationalRecordsCenter.html
shivaz90
07-13 10:48 AM
As anyone in this forums know about this "may-a-times-told" joke about a bunch of people in an airplane that have to make some hard decision on dropping out some of thier own to save the flying aircraft. As one by one jumps out of the aircraft for a noble cause of saving the other person - our own Desi pushed the next one crying " Gandhiji ki Jai" - saving himself instead of others.
The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.
I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.
What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?
Need some civility here - Please!
The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.
I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.
What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?
Need some civility here - Please!
more...
iv_only_hope
02-21 03:53 PM
I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?
2010 Posted in Effects, Wallpapers
frostrated
08-21 01:54 PM
I dont think your issuse can be fixed even by attorney. You are not coming under any category to file Green Card. So prepare for yourself to go back and build your life back in canada.
or pray that CIR gets approved soon so that you can apply under the undocumented alien category.
or pray that CIR gets approved soon so that you can apply under the undocumented alien category.
more...
vparam
10-29 12:27 PM
Not wrong in hoping right :-)
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carbon
07-24 12:39 PM
If USCIS could interpret the law to their advantage we can use our resources
to fight their interpretation and force them to change their policy.
I also think we can even file a law suite in relation to "incorrect" interpretation
by USCIS.
to fight their interpretation and force them to change their policy.
I also think we can even file a law suite in relation to "incorrect" interpretation
by USCIS.
more...
onemorecame
10-22 10:21 AM
Can you please post your timeline here?
RFE : Sep 10 2010,
RFE Received : Oct 01 2010
RFE Repelied : Oct 07 2010
Case approved : Oct 20 2010
Hope this will help
RFE : Sep 10 2010,
RFE Received : Oct 01 2010
RFE Repelied : Oct 07 2010
Case approved : Oct 20 2010
Hope this will help
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starscream
09-10 09:25 PM
Can anyone plz updae what happened to HR 5882 - did the house judiciary commitee pass the bill
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actaccord
02-16 11:57 AM
has metro access. Baltimore has MARC but it won't be that frequent and cost effective.
Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
Thanks.
Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
Thanks.
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Rockford
08-29 03:36 PM
I moved to a desi consulting company after I got layed off in 6th year of h1b. ..................... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. ............ and finally I had to talk to my employer and we deicded not to use their services anymore just for my case,.
Chandu,
Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.
I am sure there are other issues with your lawyer, but this case is kind of fair.
There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.
Chandu,
Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.
I am sure there are other issues with your lawyer, but this case is kind of fair.
There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.
more...
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chmur
09-10 06:53 PM
It is a given that Demand is not stagnant . If it were , backlog would have been reduced by 140K this year alone.
Each year the new quota is 140K , as long as the new demand each year ~100K - the remaining 40K goes towards backlog elimination . We will know in the next inventory report what is "net" reduction for 2010. One can do rough math of latest inventory report and the current priority dates to arrive at ~approximate figure of 35-40K.
I think EB3 should get cleared in next 5 years - I think flood of new EB2 applications are overblown.
I think "peak demand" was between 2003 and 2007 . Good news is USCIS is no more wasting numbers .
Given that change to laws is almost impossible. We should sit tight and wait for 3-5 years.
Each year the new quota is 140K , as long as the new demand each year ~100K - the remaining 40K goes towards backlog elimination . We will know in the next inventory report what is "net" reduction for 2010. One can do rough math of latest inventory report and the current priority dates to arrive at ~approximate figure of 35-40K.
I think EB3 should get cleared in next 5 years - I think flood of new EB2 applications are overblown.
I think "peak demand" was between 2003 and 2007 . Good news is USCIS is no more wasting numbers .
Given that change to laws is almost impossible. We should sit tight and wait for 3-5 years.
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saravanaraj.sathya
03-10 03:02 PM
There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.
Ve fun
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
Ve fun
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
more...
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BlueSunD
02-16 05:56 PM
count me in too! :) Just started today, but i'll see if I post some wip screens.
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.soulty
02-15 09:21 PM
nice wip screens there guys, looking good :thumb:
thirdworldman thats looking amazing, you going to have that perspective view as your final frame or you going to check for another shot when you finished rendering?
great stuff.. ;)
thirdworldman thats looking amazing, you going to have that perspective view as your final frame or you going to check for another shot when you finished rendering?
great stuff.. ;)
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sanjaymk
07-17 06:34 PM
Here is a rough draft of what we could use for the Webfax, please feel free to add/modify and change it to get to the final version. I feel it is a little too long so feel free to suggest your changes.
The Truth Shall Set You Free � Bible.
OR
This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt
Respected <<Senator>>,
I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.
NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
I would like to take the second point and prove the fallacy of this vicious propoganda.
A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that
..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income
Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)
As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.
I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.
Respectfully Yours,
<Name>
Appendix.
========
http://www.irs.gov/taxtopics/tc851.html
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)
================================================== =====
The Truth Shall Set You Free � Bible.
OR
This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt
Respected <<Senator>>,
I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.
NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
I would like to take the second point and prove the fallacy of this vicious propoganda.
A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that
..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income
Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)
As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.
I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.
Respectfully Yours,
<Name>
Appendix.
========
http://www.irs.gov/taxtopics/tc851.html
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)
================================================== =====
prioritydate
01-22 07:10 PM
I agree that with apinto and gooblywoobly that risk assessment should be done by everybody. risk calculation can be best be approximate. But most people paint the best case and leave it there in order to enjoy material comforts.
prioritydate and ajay, I didn't give you reds.
When the adversity strikes, people write long stories without a moral at the end. The moral of the story is don't sign up for heavy loans and mortgages, when you are a temp . That's not your venture (risk) capital that you can just burn up like startups did in the silicon valley and ruined it.
Yes, immigration sucks but this is not a moral of the present story. If you make a film like that,where you are skating on thin ice, folks will laugh at you. Make a better film which says you can't buy a house or invest here, even if you can afford it and you cannot accept job promotions or change jobs due to restrictive immigration policies.
And yes, if you leave your cars and your houses behind and run off to home country with your tails between your asses, you deserve to be extradited and put behind bars. You know why. My companies has high paying financial institutions as its customers. They have slashed their IT budgets due to folks like you (loan defaulters) and now I find myself going several rounds of layoffs, despite no fault of mine. Its making me loose my sleep.:mad:
I have a green card. So, are you giving me a thumbs up and go purchase a house now? The damage is already done. Someone gave me lot of reds. I don't know in which thread, but I have all reds.
prioritydate and ajay, I didn't give you reds.
When the adversity strikes, people write long stories without a moral at the end. The moral of the story is don't sign up for heavy loans and mortgages, when you are a temp . That's not your venture (risk) capital that you can just burn up like startups did in the silicon valley and ruined it.
Yes, immigration sucks but this is not a moral of the present story. If you make a film like that,where you are skating on thin ice, folks will laugh at you. Make a better film which says you can't buy a house or invest here, even if you can afford it and you cannot accept job promotions or change jobs due to restrictive immigration policies.
And yes, if you leave your cars and your houses behind and run off to home country with your tails between your asses, you deserve to be extradited and put behind bars. You know why. My companies has high paying financial institutions as its customers. They have slashed their IT budgets due to folks like you (loan defaulters) and now I find myself going several rounds of layoffs, despite no fault of mine. Its making me loose my sleep.:mad:
I have a green card. So, are you giving me a thumbs up and go purchase a house now? The damage is already done. Someone gave me lot of reds. I don't know in which thread, but I have all reds.
BharatPremi
03-17 01:35 PM
As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
What are you talking about? I have seen people granted H1 and GC (Under EB2) not even with graduate degree.. It is all paperwork game.
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
What are you talking about? I have seen people granted H1 and GC (Under EB2) not even with graduate degree.. It is all paperwork game.
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